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HomeMy WebLinkAboutO-0822147. ORDINANCE NO.8221 AN ORDINANCE AUTHORIZING A CHANGE IN THE CITY OF MIAMI MODIFICATION TO THE SOCIAL SECURITY COVER- AGE AGREEMENT OF THE STATE OF FLORIDA WITH THE FEDERAL GOVERNMENT FOR THE PURPOSE OF EXCLUDING PART-TIME EMPLOYEES (AS DEFINED HEREIN) FROM SOCIAL SECURITY COVERAGE EFFECTIVE JANUARY 1, 1974; AMENDING SEC. 41-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA ACCORDINGLY; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CON- TAINING 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. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Division of Retirement, Department of Administration, State of Florida, or other State of Florida offices or officials, are hereby authorized to change the City of Miami modification to the agreement of the State of Florida with the federal government for the purpose of ex- cluding part-time positions, a part-time position being defined as one which does not normally require more than 500 hours of work in any 12 month period, from social security coverage effective January 1, 1974. Section 2. Section 41-4 of the Code of the City of Miami, Florida, is hereby amended to read as follows: Sec. 41-4. Purpose and applicability of article. It is hereby declared to be the policy and purpose of the city to extend, effective as of January 1, 1955, to the employees and officials of the city, not excluded by law nor excepted in this article, the benefits of the system of old age and survivors' insurance as authorized by the federal Social Security Act and amendments thereto, and by Florida Statutes, chapter 650; and to cover by such plan all services which constitute employment as defined in Florida Statutes, section 650.02, performed in the employ of the city by employees and officials thereof, except the following: (a) Service of an emergency nature. (b) Service in any class of elective positions. (c) Service in any class of positions the compensa- tion for which is on a fee basis. (d) Service performed by employees who are members of the city employees' retirement system. (e) Service in any class of part-time positions, a part-time position being defined as one which does not normally require more than 500 hours of work in any 12 month period. (Code 1957, § 2-80; Ord. No. , §2). Section 3. Sub-sec.(e) of Section 41-4 of the Code of the City of Miami, Florida, as amended in Section 2 of this Ordinance shall become effective on January 1, 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 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 ordinance w•nm.■■m on two separate days is hereby dispensed with by a Vote of not less then four -fifths of the Members of the Commission. PASSED AND ADOPTED BY TITLE ONLY this 20th day of December, 1973. .H.D. SOUTHERN CITY CLERK MAURICE A FERRE MAYOR MIAMI REVIEW AND DAILY RECORD Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADS 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 end 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. 8221 In the XXX Court. was published in said newspaper In the Issues of December 28, 1973 Affiant further says that the said Miami Review and Daily Record Is a newspaper publlshed 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 mall 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 afflant 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. Sworn to and Subscribed before me this 28thday of December AD 19 73 Janet Leo Notary Public. State of Florida at Large (SEAL) My Commission expires April 15, 1977. cif or !i1t.41tI. DARE ('Ot'NTi, rr.nttlt►a LEGAL NOTICE All intrrsstrrl t1•;!1 t•rke Ur>tre t:,at nn the 2Qth dat• of Derem-: her. 1973 tt,,, C'umm!sslnn of the' C!ty of Miami. Ftnrsda ad .pted , nn •rd;nenrc ent!tlod - +.N ORDINA`r"E AT'THOP- I?IN G A CHAYOE IN THE CITE' OF MIaMTI MODIFI- C.tTION TO THE.. SrC1AL SECURITY COVERAGE AGREEMENT nF THE STATE (`F FLORIDA WITH THE FEDERAL GOVERN- MENT FoR TI77 PI'RPosE OF EXCLI'P'Nr: PART- TIME EMPLOYEES (AR DEFINED FROM SOCIAL SF.'t'??ITY COV- ER ` GE EFFECTIVE. :UN- --VARY t. 14774: 'tf>=:hrNr SEC. 41-4 OF THE C('I'E OF THE CITY OF MI t>TI, FLORIDA ACCORDINGLY: REPEALING A OP.DI- - ---NAfeee. SECTIONS OR PARTS THEREOF IN CONFLICT. INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A .SEVER - A R I L I T Y PROVISION: DECLARING THIS ORDI- NANCE TO HE AN EMER- GENCY MEASURE: DTS- PENSINC. WITH TIIE REQUIREMENT OF READ- ING THE SAME ON TWO S.EPARATE DAYS BY A VOTE OF NOT LESS TH'N FOUR -FIFTHS OF THE MEMBERS OF THE COM- MISSION. ‘'.Irh Is designate] Crelimin. r S221. )1. D..e(1''THERX CITY C'_ERX t'1 T Y OF FL11RII_'A Fcl:!i ar. n „f tfiis m.t', e c.n Ad �, , 109E4 SRS/ts 12/19/73 ORDINANCE NO. AN ORDINANCE AUTHORIZING A CHANGE IN THE CITY OF MIAMI MODIFICATION TO THE SOCIAL SECURITY COVER- AGE AGREEMENT OF THE STATE OF FLORIDA WITH THE FEDERAL GOVERNMENT FOR THE PURPOSE OF EXCLUDING PART-TIME EMPLOYEES (AS DEFINED HEREIN) FROM SOCIAL SECURITY COVERAGE EFFECTIVE JANUARY 1, 1974; AMENDING SEC. 41-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA ACCORDINGLY; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CON- TAINING 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. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Division of Retirement, Department of Administration, State of Florida, or other State of Florida offices or officials, are hereby authorized to change the City of Miami modification to the agreement of the State of Florida with the federal government for the purpose of ex- cluding part-time positions, a part-time position being defined as one which does not normally require more than 500 hours of work in any 12 month period, from social security coverage effective January 1, 1974. Section 2. Section 41-4 of the Code of the City of Miami, Florida, is hereby amended to read as follows: Sec. 41-4. Purpose and applicability of article. It is hereby declared to be the policy and purpose of the city to extend, effective as of January 1, 1955, to the employees and officials of the city, not excluded by law nor excepted in this article, the benefits of the system of old age and survivors' insurance as authorized by the federal Social Security Act and amendments thereto, and by Florida Statutes, chapter 650; and to cover by such plan all services which constitute employment as defined in Florida Statutes, section 650.02, performed in the employ of the city by employees and officials thereof, except the following: (a) Service of an emergency nature. (b) Service in any class of elective positions. (c) Service in any class of positions the compensa- tion for which is on a fee basis. (d) Service performed by employees who are members of the city employees' retirement system. (e) Service in any class of part-time positions, a part-time position being defined as one which does not normally require more than 500 hours of work in any 12 month period. (Code 1957, § 2-80; Ord. No. , §2). Section 3. Sub-sec.(e) of Section 41-4 of the Code of the City of Miami, Florida, as amended in Section 2 of this Ordinance shall become effective on January 1, 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 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 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 BY TITLE ONLY this •26' day of / , 1973. PREPARED AND APPROVED BY: S. R. STERBENZ Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: 7 John S. Lloyd City Attorney i ,�,// 21./ r`