HomeMy WebLinkAboutO-08214ORDINANCt NO. 8214
AN ORDIN `iC :\NENDING :_u2T-' I: .-U10ECTI=idS
OF THE MIAMI CITY EMPLOYEES RETIREMENT
SYSTEM (uRDIN\NCE ii0. 2230, DECEMBER u,
1939, AS AMENDED) AND THE MIAMI GENERAL
EMPLOYEES RETt?EMENT N.AA (ORDINANCE
CE
5624, MAY 2, 1956, AS AMENDED) AS APPEAR-
ING IN CODIFIED FORM .AS A PART OF CEYTTER
2 OF THE CODE OF TEE CITY OF MIA i t FLORIDA,
1957, AS MENDED, MORE PARTICULARLY AMEND-
ING SECTIONS 2-8 3 AND 2-107 OF SAID CHAPTER
2 BY ADDING 1. NEW SUBSECTION (E) TO SECTION
2-89 AND A NEW SUBSECTI(X (4ITO 2-107,
PROVIDING FOR tTP TO A r AXIt'i':I ,-,F FOUR (4)
YEARS OF MEMBERSHIP SERVICE FOR ACTIVE MILI-
TARY SERVICE IN THE ARMED FORCES OF `III
UNITED STATES, PROVIDED SUCH ACTIVE SERVICE
WAS WARTIME SERVICE, THAT THE CHARACTER OF
SERVICE WAS UNDER HONORABLE CONDITIONS, THAT
THE MEMBER RECEIVING SUCH CREDIT HAS CUMPL1rr::'D
TEN (10) YEARS OF CREDITABLE SERVICE AND CON-
TRIBUTED THE APPROPRIATE AMOUNT INTO THE RE-
TIREMENT FIEND; ESTABLISHING AL EFFECTIVE DATE
OF JANUARY 12, 1974
* * * * * * A *
WHER.EASt the City of Miami Retirement Board has recom,;en
ed an amendment to the Miami City Employees System and tha Miami
City General Employees Retirement Plan for '.:he purpose of ni_ari r -
t,-r,. City of Miami Retirement System and Plan in line with many
;o the better retirement systems, both nation and state wide, with
rcyard to Veterans' benefits; and
WHEREAS, it is the desire of the City of Miami_ City Com-
mission to implement said recommendation of the City of Miami Re-
tirement Board; and
WHEREAS, the Miami City Employees RetiL?inent System and
the r.liami City General Employees Retirement Plan,'(Ordinance No.
2230, Dects.7:3er 6, 1939, and Ordinance No. 5624, May 2, 1956, as
am.:nd'd) were not included as a portion of the new Code of the
City of Miami, Florida, effective September 1, 1967, as adopted
1
by Ordinance No. 7535 (July 25, 1967) ; and
WHEREAS, said System and Plan now exist in the coditjr1 t
foam as they appear in Chapter 2 of the Code of. the City oi
Florida, 1957, as amended, in addition to basic ordinances foi m;
and
WHEREAS, any addition or amendments to said System and
plan can thus be made by reference to Ll:c-: designation:;
as they appear in said Chapter 2 of the Cade o the City of Miami.,
Florida, 1957, as amended;
NOW, THEREFORE, 8E IT ORDAINED [3Y 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 Ordiance,
as amended, appears in codified form as a part of Chapter 2 of the
Code of the City of Miami, .^Lerida, 1957, as amended, is hereby
amended by adding a new subsection (6) to Section 2-89 thereof,
.?.s follows:
Section 2--09. Service Creditable.
(6) Notwithstanding any provision in the Retirement Sys-
tem to the contrary, a member who has served on active military
duty but is ineligible to claim credit for such military service
under Section 2-88 (3)(b) or (c) shall receive membership credit
up to a maximum of four (4) years for the time spent on active
nilitary service in the armed forces of the United States, pro-
vided that:
(a) Such active military service was wartime
service as declared by Federal Statute or Ex-
ecutive Order and the eligible member shall
present to the Retirement Beard . och
proof of wartime service as the Board,
in its sole discretion, shall. determine
to be sufficient.
(b) The member was discharged or released
from the military service under honorable
1
conditions.
(c) The member elects to claim membership
credit not later than ? pr:.i 1, 1974 or che
date, as determined in accordance with para-
graph (d) of i.iiis subsection, upon which
member first becomes eligible for such member-
ship service credit, whichever is later.
(d) The member has completed ten (10) years
of creditable rvice and such member,prz_or, '10
his or her retirement, pays into the reti r rnent.
fund contributions for such military service a
the present contribution rate of his or her
group and class, times earnings based on first
year of salary subsequent to July 1, 1945, for
which creditable service has been earned under
the Retirement System, plus 4% interest thereon,
compounded annually from the date of first
creditable service to the date of patrnent, such
payment to be made either in a lump sum or pro-
rated over a period not to exceed five (5) years.
Section 2. The Miami City General Employees Retirement
Plan (Ordinance No. 5624, May 2, 1956, as amended) -" said Ordi-
nance, nance, as amended, appears in codified form as a part of Chao.ur
2 of the Code of the City of Miami, Florida, 1957, as amende
hereby amended by adding a new subsection (4) to Se t:i n
thereof, as follows:
Section 2-107. Service Creditable.
(4) Notwithstanding any provision in the Retire-
ment Plan to the contrary, a member who has served en active m:_li -
tary duty but is ineligible to claim credit for such military
service under Section 2-106 (3) shall receive membership `re::;i,..
up to a maximum of four (4) years for the time spent on active
military service in the armed forces of the United States, pro-
vided that:
(a) Such active military service was
wartime service as declared by Federal
Statute or Executive Order and the eli-
gible member shall present to the Retire-
ment Board such proof of wartime service
as the Board, in its sole discretion, shall
determine to be sufficient:.
(b) The member was discharged or re-
leased from the military service under
honorable conditions.
(c) The member elects to claim member-
ship credit not later than April 1, 1974
or the date, as determined in accordance
with paragraph (d) of this subsection,
upon which such member first becomes
•,1 '
1 .iyibl.e i ct such membership service
credit, whichever: is Later.
(d) The member has complete;l, ten (1O)
years of creditable service and sach
member prior to his or her retirement
pays into the retirement fund contri-
butions for such military 7,ervics at
the present contribution rate of -
or
her group and class, times ea.rnin.c+
based on first year of salPry . ul sE:quent
to July 1, 1945, for which creditable
service has been earned under the Re-
tirement System, plus 4% interest then-�-
on,,compounded annually from the date (:z
first creditable service to the date at
payment, such payment to he made either
in a lump sum cr prorated over a period
not to exceed five (5) years.
Section 3. The effective date of the changes to the
System and the Plan initiated hereby shall January 12, 1974
Section 4. All Ordinances, code sections, or parts
thereof in conflict herewith, insofar as they are in conflict, a:.:e
hereby repealed.
Section 5. If any section, sentence, clause, phrase, or
word of this Ordinance is for any reason held or declared to be un-
- 5
constitutional, inoperative or void, such holding or invslidit'
shall not affect the remaining portions of this ordinance; and
it shall he construed to have been the intent of the Cc)nlit?i cn
of the City of Miami to pass this ordinance without such unconsti-
tutional, invalid, or inoperative part therein; and the remainder
of this Ordinanwe, after thl exclusion of su.`h part or parts, sna l.i
be deemed and held to be valid as if such parts had not been i.n=
cluded therein.
PASSED on first reading bl{ title only this 8th day of
November, 1973.
PASSED AND ADOPTED on second and final reading this 1:sth
day of December, 1973.
MAURICE A FERRE
MAYOR
ATTEST:
RALPH G. ONGIB
ACTING CITY CLERK
MIAMi REVIEW
AND DAILY RECORD
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally ap-
peared Martha brobnie. who on oath says that she
is the V.P., Legal Ads 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 adver-
Usement, being a Legal Advertisement or Notice in
the matter of
City of Miami, Florida
Re:
Adoption of Ordinance No. 8214
In the XXX Court.
was published In said newspaper In the issues of
December 31, 1973
Affiant further says that the said Miami Review
and 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 affiant further says that
she has neither paid nor promised any person. firm
or corporation arty discount, rebate, commission or
refund for the purpose of securing this advertisement
for publication In the_.eata neiiVCpaper.
31st de" of
to and subscribed before me this
December A D 19 73
CV Cc- C (T' L.th Clatter.
Notary Publlr, State of Florida at Lards.
(SEAL)
My Commission expires May 16, 1977.
CITY OF MIAMI,
DADE COUNTY, FLORIDA
CORRECTED
LEGAL NOTICE
Ali Interested trill take notice
that on the 12th day of Decem-
ber, 1972 the Commission of the
City of ,Miami, Florida adopted
an ordinance entitled —
AN ORDINANCE AMEND-
ING CERTAIN SUBSEC-
TIONS OF THE MIAMI
CITY EMPLOYEES RE-
TIREMENT SYSTEM (OR-
DINANCE NO. 2230, DE-
CEMBER 6. 1939, AS
AMENDED) AND T H E
MIAMI GENERAL EM-
PLOYEES RETIREMENT
PLAN (ORDINANCE NO.
5624. MAY 2. 1956, AS
AMENDED) AS APPEAR-
ING IN CODIFIED FORM
AS A PART OF CHAPTER
2 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA,
1957, AS AMENDED. MORE
PARTICULARLY AMEND-
ING SECTIONS 2•89 AND
2-107 OF SAID CHAPTER 2
BY ADDING A NEW SUB-
SECTION (E) TO SECTION
2-69 AND A NEW-•Stt78SEC-
TION (4) TO 2-107, PROVID-
ING FOR UP TO A MAXI-
MUM OF FOUR (4) TEARS
OF MEMBERSHIP SERVICE
FOR ACTIVE MILITARY
SERVICE IN THE ARMED
FORCES OF THE UNITED
STATES, PROVIDED SUCH
ACTIVE SERVICE WAS
WARTIME SERVICE. THAT
THE CHARACTER OF
SERVICE WAS UNDER
HONORABLE CONDITIONS,
THAT THE MEMBER RE-
cn:•r os� +iaa
3ii8'Ci I�d1i'LL"I'L''iTlT1:1"'i;"!tl)
YEARS OF CREDITABLE
SERVICE AND CONTRIB-
UTED THE APPROPRIATE
AMOUNT INTO THE RE-
TIREMENT FUND: ESTAB-
LISHING AN EFFECTIVE
DATE OF JANUARY 12,
1974
which is designated Ordinance
No. 6214.
H. D. SOUTHERN
CITY CLERK
CITY OF
MIAMI, FLORIDA
Publication of this notice cn
the 31st day of December. 1973,
Ad. No. 120997
FHW:nla
11-5-73
ORDINANCE NO.
AN ORDINANCE AMENDING CERTAIN SUBSECTIONS
OF THE MIAMI CITY EMPLOYEES RETIREMENT
SYSTEM (ORDINANCE NO. 2230, DECEMBER 6,
1939, AS AMENDED) AND THE MIAMI GENERAL
EMPLOYEES RETIREMENT PLAN (ORDINANCE NO.
5624, MAY 2, 1956, AS AMENDED) AS APPEAR-
ING IN CODIFIED FORM AS A PART OF CHAPTER
2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
1957, AS AMENDED, MORE PARTICULARLY AMEND-
ING SECTIONS 2-89 AND 2-107 OF SAID CHAPTER
2 BY ADDING A NEW SUBSECTION (6) TO SECTION
2-89 AND A NEW SUBSECTION (4) TO 2-107,
PROVIDING FOR UP TO A MAXIMUM OF FOUR (4)
YEARS OF MEMBERSHIP SERVICE FOR ACTIVE MILI-
TARY SERVICE IN THE ARMED FORCES OF THE
UNITED STATES, PROVIDED SUCH ACTIVE SERVICE
WAS WARTIME SERVICE, THAT THE CHARACTER OF
SERVICE WAS UNDER HONORABLE CONDITIONS, THAT
THE MEMBER RECEIVING SUCH CREDIT HAS COMPLETED
TEN (10) YEARS OF CREDITABLE SERVICE AND CON-
TRIBUTED THE APPROPRIATE AMOUNT INTO THE RE-
TIREMENT FUND; ESTABLISHING AN EFFECTIVE DATE
OF JANUARY 12, 1974.
* * * * * * * *
WHEREAS, the City of Miami Retirement Board has recommend-
ed an amendment to the Miami City Employees System and the Miami
City General Employees Retirement Plan for the purpose of placing
the City of Miami Retirement System and Plan in line with many other
of the better retirement systems, both nation and state wide, with
regard to Veterans' benefits; and
WHEREAS, it is the desire of the City of Miami City Com-
mission to implement said recommendation of the City of Miami Re-
tirement Board; and
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
as they appear in Chapter 2 of the Code of the City of Miami,
form
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, as amended;
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 codified form as a part of Chapter 2 of the
Code of the City of Miami, Florida, 1957, as amended, is hereby
amended by adding a new subsection (6) to Section 2-89 thereof,
as follows:
Section 2-89. Service Creditable.
(6) Notwithstanding any provision in the Retirement Sys-
tem to the contrary, a member who has served on active military
duty but is ineligible to claim credit for such military service
under Section 2-88 (3)(b) or (c) shall receive membership credit
up to a maximum of four (4) years for the time spent on active
military service in the armed forces of the United States, pro-
vided that:
(a) Such active military service was wartime
service as declared by Federal Statute or Ex-
ecutive Order and the eligible member shall
2
present to the Retirement Board such
proof of wartime service as the Board,
in its sole discretion, shall determine
to be sufficient.
(b) The member was discharged or released
from the military service under honorable
conditions.
(c) The member elects to claim membership
credit not later than April 1, 1974 or the
date, as determined in accordance with para-
graph (d) of this subsection, upon which such
member first becomes eligible for such member-
ship service credit, whichever is later.
(d) The member has completed ten (10) years
of creditable service and such member, prior to
his or her retirement, pays into the retirement
fund contributions for such military service at
the present contribution rate of his or her
group and class, times earnings based on first
year of salary subsequent to July 1, 1945, for
which creditable service has been earned under
the Retirement System, plus 4% interest thereon,
compounded annually from the date of first
creditable service to the date of payment, such
payment to be made either in a lump sum or pro-
rated over a period not to exceed five (5) years.
Section 2. The Miami City General Employees Retirement
3
Plan (Ordinance No. 5624, May 2, 1956, as amended), as said ordi-
nance, as amended, appears in codified form as a part of Chapter
2 of the Code of the City of Miami, Florida, 1957, as amende
hereby amended by adding a new subsection (4) to Section 2-107
thereof, as follows:
Section 2-107. Service Creditable.
(4) Notwithstanding any provision in the Retire-
ment Plan to the contrary, a member who has served on active mili-
tary duty but is ineligible to claim credit for such military
service under Section 2-106 (3) shall receive membership credit
up to a maximum of four (4) years for the time spent on active
military service in the armed forces of the United States, pro-
vided that:
(a) Such active military service was
wartime service as declared by Federal
Statute or Executive Order and the eli-
gible member shall present to the Retire-
ment Board such proof of wartime service
as the Board, in its sole discretion, shall
determine to be sufficient.
(b) The member was discharged or re-
leased from the military service under
honorable conditions.
(c) The member elects to claim member-
ship credit not later than Aprii 1, 1974
or the date, as determined in accordance
with paragraph (d) of this subsection,
upon which such member first becomes
4
r
eligible for such membership service
credit, whichever is later.
(d) The member has completed ten (10)
years of creditable service and such
member prior to his or her retirement
pays into the retirement fund contri-
butions for such military service at
the present contribution rate of his
or her group and class, times earnings
based on first year of salary subsequent
to July 1, 1945, for which creditable
service has been earned under the Re-
tirement System, plus 4% interest there-
on, compounded annually from the date of
first creditable service to the date of
payment, such payment to be made either
in a lump sum or prorated over a period
not to exceed five (5) years.
Section 3. The effective date of the changes to the
System and the Plan initiated hereby shall be January 12,1974.
Section 4. All Ordinances, 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 un-
5
Constitutional? inoperative or voidsuch 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 unConsti-
tutional, 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 in-
cluded therein.
PASSED AND ADOPTED BY TITLE ONLY this day
of , 1973.
ATTEST:
CITY CLERK
PREPARED AND APPROVED BY:
FRANK H. WESTON, ASSISTANT CITY ATTORNEY
REVIEWED BY:
2
ignpHN S. LLOYD, ASS
ISTANT ORECTOR
APPROVED AS TO FORM AND CORRECTNESS:
ALAN H. ROTHSTEIN; CITY ATTORNEY
MAYOR
ter
PROM:
tilt OP MIAMI, FL OItt6A
1N '1`R'OP 106 MEMORANDUM
A11 Department Head§
H. D. Southern_
City Clerk
°Attt December 26, 1073
autuemdrdinanco No. 8214
ff
EWCLOIUNtit
HLtt
'transmitted herewith is a new corrected copy of Ordinance No.
8214 passed and adopted by the City Commission at the meeting
of December 13, 1973.
Please note the new effective date of JANUARY 12, 1974. The
original copy furnished you showing the effective date of
January 1 was in error in light of a recent legal opinion
rendered by the Attorney General of the State of Florida which
th effect
reinstates
ofthe
an ordinanceprovisions
30fthe City days afterCharter
2nd
effectivereading.
the
Please destroy the previous copy of Ordinance No. 8214 which
was sent to you.
CORRECTED
L E GAL NOTICE
All interested will take notice that on the 13th day of
cember,1973 the Commission of the City of Miami,Florida adopted
an ordinance entitled -
AN ORDINANCE RENDING CERTAIN SU3SECTIONS
OF THE MIAMI CITY EMPLOYEES RETIREMENT
SYSTEM (ORDINANCE NO. 2230, DECEMf3ER 6,
1939, AS AMENDED) AND THE MIAMI GENERAL
EMPLOYEES RrTIREMENT PLAN (ORDINANCE NO.
5624, TRAY 2, 1956, AS AMENDED) AS APPEAR-
ING IN CODIFIED FORM AS A PART OF CHAPTER
2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
1957, AS AMENDED, MORE PARTICULARLY AMEND-
ING SECTIONS 2-89 AND 2-107 OF SAID CHAPTER
2 BY ADDING A NEW SUBSECTION (6) TO SECTION
2-89 AND A NEW SUBSECTION c4) TO 2-107,
PROVIDING FOR UP TO A MAXIMUM OF FOUR (4)
YEARS OF MEMBERSHIP SERVICE FOR ACTIVE MILI-
TARY SERVICE IN THE ARMED FORCES OF THE
UNITED STATES, PROVIDED SUCH ACTIVE SERVICE
WAS WARTIME SERVICE, THAT THE CHARACTER OF
SERVICE WAS UNDER HONORABLE CONDITIONS, THAT
THE MEMBER RECEIVING SUCH CREDIT HAS COMPLETED
TEN (10) YEARS OF CREDITABLE SERVICE AND -CON-
TRIBUTED THE APPROPRIATE AMOUNT INTO THE RE-
TIREMENT FUND; ESTABLISHING AN EFFECTIVE DATE
OF JANUARY 12, 1974
which is designated Ordinance No. 8214.
H.D. SOUTHERN
CITY CLERK
CITY OF MIAMI, FLORIDA
MIAM1 REVIEW
AND DAILY RECORD
Published Daily except Saturday, Sunday and
Legal Holidays
Miwni, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally ap-
peared Martha Drobnie, who on oath says that she
Is the V.P., Legal Ads 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 adver-
tisement, being a Legal Advertisement or Notice In
the matter of
City of Miami, Florida
Re:
Adoption. of Ordinance No. 8214
1n the XXX Court.
was published In said newspaper In the Issues of
December 20, 1973
Affiant further says that the said Miami Review
and 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 end Legal Holidays) and has been entered as
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 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.
..... �..•. ..... t:L... �l....y, ',.-;41.u
Sworn to and subscribed before me this
20thday of December A.D. 19...7 3..
Janet Leo
Notary Public. State of Florida at Large
(SEAL)
My Commission expires April 15, 1977.
cftt iAlit, _,
bADt CotMY, FtoRkbA
ttoAt 'ofita
All Interetted vctil take notice
that on the lath dny of Decem-
ber. 1973 the Commfastott of the
City of Miami, Florida adopted
an ordinance entitled AN ORDINANCE A'tE't1b-
ING CERTAIN, , SUBSEC-
TIONS OF TIiE. (MIA:ifI
CITY EMPLOYEES RE-
TIREMENT SYSTEM (OR-
DINANCE NO. 2220, DE-
CEMBER 6. 1939, AS
AMENDED) AND THE MI-
AMI GENERAL EMPLOY-
EES ,RETIREMENT PLAN
(ORDINANCE NO. 5624, -t
MAY 2, 1956. AS AMEND-
ED)
AS APPEARING IN
CODIFIED FORM AS A
PART OF CHAPTER 2 OF
THE CODE OF THE CITY
OF .MIAMI, FLORIDA, 1957.
AS AMENDED.MORE PAR-
1'11:U: ii2-1(,--.A.1 F.Nnr1
SECTIONS 2-S9 AND 2-107
OF SAID CHAPTER 2 BY
ADDING A NEW SUBSEC-
TION (61 TO SECTION 2-S9
AND A NEW SUBSECTION
(4) TO 2-107, PROVIDING
FOR VP TO A MAXIMUM
OF FOUR (4) YEARS OF
MEMBERSHIP SERVICE.
FOR ACTIVE •MILITARY
SERVICE IN THE ARMED
FORCES OF THF. UNITED
STATES, PROVIDED SUCH
\CTiVE SERVICE WAS
WARTIME SERVICE, TIIAT
T H F CHARACTER OF
SERVICE WAS UNDER
HONORABLE CONDITIONS,
THAT THE MEMBER RE-
C'EIVING SUCH CREDIT
IIAS COMPLETED TF.N (10)
YEARS OF CREDITABLE
SERVI('?^ AND CONTRIB-
. UTE:) THE APPROPRIATE
AMOUNT INTO THE RE-
TIT:17:117NT Ft'NO7 FSTAE-
I rs'?'NG AN EFFECTIVE
DATE CF JANUARY 1, 1974.
's .les!v!mtPd Ord!ni &e
N ). S2.4.
H. D. SOUTHERN
CITY CLERK
CITY OF
MIAMI. FLORIDA
1'uh'!eat:otl rf thk rotlr: „7
the 20th day of December. 157?.
Al. N-•. 1_'71S
All Department [Heads
H. D. Southern,
City Clerk
December 26, 1973
Ordinance No. 8214
Transmitted herewith is a new corrected copy of Ordinance No.
8214 passed and adopted by the City Commission at the meeting
of December 13, 1973.
Please note the new effective date of JANUARY 12, 1974. The
original copy furnished you showing the effective date of
January 1 was in error in light of a recent legal opinion
rendered by the Attorney General of the State of Florida which
in effect reinstates the provisions of the City Charter making
the effective date of an ordinance 30 days after 2nd reading.
Please destroy the previous copy of Ordinance No. 8214 which
was sent to you.
i . _, I _ ANCE NO.
c7.;.2�y
.._i ORDINANCE =:ENDING CERTAIN S u3SECTIONS
("T' -_ 7 ',1I 4I C_TMPLOYE ES P TI !.723--'NT
J'?: ` )2 7t I ^?
,. UR17I_i:a:v C�, ii0. �J, D:1 ��.: .�3-,:,']o�r,
193:', _:.S ,,.;'IE DED) AND THE MIA:'LL GENERAL
p. Pf vEES DET ? -; ME T ?LAN (ORDINANCE NO.
3624, MAY 2, 1936, AS AMENDED) D) AS APP AR-
TLi'._ IN CCDI:I.CD FORM .•_S __ PART OF CHAPTER
2 o:' HE CODE OF THE CITY OF 7AI MI: FLORIDA,
19 3 I , _1S -_.•1 ND2D, ♦ naE ?,_ 7TI VU:. A2.L•V ..MEND
SECTIONS 2-39 AND 21.07 OF SAID CHAPTER
2 3Y ADDING A NEW SUBSECTION (6) TO SECTION
2-39 AND A NEW SUBSECTIOI! (4) TO 2-107,
PROVIDING FOR t 2 TO t? MAXIMUM OF FOUR (4)
YEARS OF MEMBERS'rHIP SERVICE FOR ACTIVE
MILI-
TARY SERVICE
IN TIE ARMED FORCES _ THE
UNITED STATES, PROVIDED SUCH ACTIVE SERVICE
AS WARTIME SERVICE, THAT THE CHARACTER OF
SERVICE WAS UNDER HONORABLE CONIDITIONS, THAT
THE MEMBER RECEIVING SUCH CREDIT HAS COMPL3T7D
TEN (10) YEARS OF CREDITABLE SERVICE AND CO.7-
TRIEJTED THE A7PROPRIATE AMOUNT INTO THE ?E-
`:`IREME iTFUND; EFFECTIVE
ESTABLISHING ��:T CTE DATE
OF J N ARY 1, 1974.
WHEREAS, the City O_ Miami Retirement 3oard has rccommend-
e.E? in amendment to t: "._'. _!i a;, i City ^.o1oy eS System and the Miami
r C3nrai :.:';7._t, yes -±;.tirement P13.1 for the Juroose of -,acing
of Miami _.: tiromert System and Plan in line with many other
tietne better retirement systems, both nation and state wide, with
regard to Veterans' b r'.efiLS; and
W:-?:1?E?_S t it is the desire of the City of Miami City Com-
mission to implement said recommendation of the City of Miami Re-
t.Lrirm nt ..gird' and
t..= niami City _.,:::D'_O' :ve5 T tt_:'_m nt System and
Ymol,weeD Tr e::tr3...�nt L' (Ordinance No.
+ .1 i) , .i . � r i ..... 3 ^ '_ .� , ._ : 4 1') `? '.) a 3
';'1rtio:h of t-.he Code of the
I.j.• .l or�.. i, ct i i
CITY COMMISSION
DEC 1 31973
-)_e7.1.:0:_ 1f 1, 10:=)7,
[c1TvcotMIssIoN 1
MEETING OF
i NOV - 81973
lit tkAUUiG.. ......
21;d
J_ ur•_._nance :1o. 733.3 (Jul,/ 25, 1)-3i) ; and
L;ald 7s t? n and Plan now i.- the codified
torm as the.: appear iri Chapter 2 of the Code o. the City o: Miami,
Florida, 193/, as amen]ed, in ddiL._ l:^. O .:.;=sic ordinanceform;
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 tha City of Miami,
Florida, 1937, as amended;
NOW, THEREFORE, 3E IT ORDAINED 3Y THE COMMISSION OF
THE CITY 03 :-1I uMI, FLORIDA:
Section 1. The Miami City Employees Retirement System
(Ordinance No. 2230, December 6, 1939, as amended) as said Ordinance,
as amended, appears in codified form as a part of Chapter 2 of the
Code of the City of Miami, Florida, 1937, as amended, is hereby
amended by a c(din - a new subsection (6' to Section on 2-89 thereof,
as follows:
Section 2-89. Service Creditable.
(6) Notwithstanding any provision in the Retirement Sys-
tem to the contrary, a member who has served on active military
duty but is ineligible to claim credit for such military service
under Section 2-88 (3) (b) or (c) shall receive membership credit
up to a maximum of four (4) years for the time spent on active
military se_ Yce in _.'c 3 armed forces of the Unicad Stags, r. ro-
v.ic a that:
(a) Such active military service was wartime
service as declared by Federal Statute or Ex-
ecutive Order and the eligibly: member shall
ores_nt to the Retirement Board such
proof of wartime service as the Hoard,
in its pole discretion, shall determine
to be sufficient.
(b) The member was discharged or released
from the military service under honorable
conditions.
(c) The member elects to claim membership
credit not later than April 1, 197E or the
date, as determined in accordance with para-
graph (d) of this subsection, upon which such
member first becomes eligible for such member-
ship service credit, whichever is later.
(d) The member has completed ten (10) years
of creditable service and such member, prior to
his or her retirement, pays into the retirement
fund contributions for such military service at
the present contribution rate of his or her
group and class, times earnings based on first
year of salary subsequent to July 1, 1945, for
which creditable service has been earned under
the Retirement System, plus 4%, interest thereon,
compounded annually from the date of first
creditable service to the data of payment, such
na.!t"-n:_ to be made either in a lump sum or pro-
rated over a period not to e%ceed five (5) years.
._chop 2. Miami City General Employees Retirement
n ' ,::trh (.3rdlna ce Rio . 3o24, May 2, 1)35, as amended), as said Ordi-
nanc, as :vended, apears in codified form as a part of Chapter
2 of the Co d= o.f the City of Miami, ?iorida, 1037, as amende
;hereby amended by adding a new subsection (4) to Section 2-107
thereof, as follows:
Section 2-107. Service Creditable_
( ) notwithstanding any provision in the Retire-
ment Plan to the contrary, a member who has served on active mili-
tary duty but is ineiiible to claim credit for such military
service under Section 2-1.05 (3) shall receive membership credit
up to a maximum or four (4) years for the time spent on active
mm
military service in the armed forces of the United States, pro-
vided that:
(a) Such active military service was
wartime service as declared by Federal
Statute or Executive Order and the eli-
gible member shall present to the Retire-
ment Board such proof of wartime service
as the Board, in its sole discretion, shall
determine to be sufficient.
(b) The member was discharged or re-
leased from the military service under
honorable conditions.
(c) The member elects to claim member-
ship credit not later than April 1, 1974
or the date, as determined in accordance
with paragraph (d) of this subsection,
upon which such member first becomes
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eligible for such membership service
credit, whichever is later.
(d) The member has completed ten (10)
years of creditable service and such
;,ember prior to his or her retirement
pays into the retirement fund contri-
butions for such military service at
the present contribution rate of his
or her group and class, times earnings
based on first year of salary subsequent
to July 1, 1943, for which creditable
service has been earned under the Re
tirement System, plus 4% interest there-
on, compounded annually from the date of
first creditable service to the date of
payment, such payment to be made either
in a lump sum or prorated over a period
not to exceed five (5) years.
Section 3. The effective date of the changes to the
System and the Plan initiated hereby shall be January 1, 1974.
Section 4. All Ordinances, code sections, or parts
thereof in conflict herewith, insofar as they are in conflict, are
hereby repealed.
ction 5. If any section, sentence, clause, phrase, or
word of Ordinance is for any reason held or declared to be un-
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constitutional, 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 unconsti-
tutional, 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 in-
cluded therein.
PASSED AND ADOPTED BY TITLE ONLY this 4.1?
of
ATTEST:
PREPARED AND APPROVED BY:
, 1973.
day
,451 '»,'a Q.
FRANK H. WESTON, ASSISTANT CITY ATTORNEY
REVIEWED BY:
' /• // /
JOHN S. LLOYD, ASSISTANT DIRECTOR
APPROVED AS TO FORM AND CORRECTNESS:
ALAN H. ROT :.STEIN, CITY ATTORNEY
6
MAYOR
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RWT/cc
10/31/73
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 6871,
THE COMPREHENSIVE ZONING ORDINANCE FOR
THE CITY OF MIAMI, BY CHANGING THE ZONING
CLASSIFICATION FOR LOT 8, BLOCK 6, GRAND
VIEW PARK (5-58) , LOCATED AT 1454 N.W.
14TH TERRACE, FROM R-3 (LOW DENSITY MULTIPLE)
DISTRICT TO R-C (RESIDENCE -OFFICE) DISTRICT.
WHEREAS, the Planning and Zoning Board of the City
of Miami, at its meeting held on October 15, 1973, passed
and adopted by an 8 to 0 vote its Resolution No. 73-210,
recommending granting a change in zoning classification,
as hereinafter set forth; and
WHEREAS, it is deemed advisable in the best interest
of the general welfare of the City of Miami and its inhabitants
to grant a change in zoning classification, as hereinafter
set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
Section 1. That Ordinance No. 6871, the Comprehensive
Zoning Ordinance for the City of Miami, be and the same is
hereby amended by changing the zoning classification for
Lot 8, Block 6, GRAND VIEW PARK (5-58), located at 1454 N.W.
14th Terrace, from R-3 (Low Density Multiple) to R-C
(Residence -Office) Districts and by making the necessary
changes in the zoning district map made a part of said
ordinance no. 6871, by reference and description in
Article III, Section 2, thereof.
Section 2. That all laws,or parts of laws, in
conflict herewith, be and the same are hereby repealed
insofar as the above d
NAN
i al r:.✓'LX
seffeealtiftAISNi
MEETING OF
NOV-81973
ORDINANCE NO. mama»
lit READING
tad IINAN4
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olved.
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Section 3. Yt is declared to be the legislative
intent of this body that if any section, subsection, sentence,
phrase, or provision of this Ordinance is held invalid, the
remainder of the Ordinance shall not be affected.
PASSED on first reading by title only this day
of , 1973.
PASSED AND ADOPTED on second and final reading by
title only this day of , 1973.
PREPARED AND APPROVED BY:
REVIEWED BY:
John S. Lloyd
Assistant Director o
MAYOR
Attest:
City Clerk
R. E'arris Turner
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
Alan H. Rothstein
City Attorney
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