HomeMy WebLinkAboutO-08044ORDINANCE NO,
AN ORDINANCE AF Nb/NG CERTAIN SU`Ri.SECTIDNS OP
THE MIAMI CITY EMPLOYEES' RETIREMENT SYSTEM
(ORDINANCE NO, 2210; DECEMBER b, 1929, AS
AMENDED) AND THE MIAMI CITY GENERAL EMPLOYEES
RET1ntENi' PLAN AN (ORDINANCE , NO. 5+524, MtiY 24
1956.,•AS AMENDED).° AS APPEARING IN CODIFICATION
FORM AS A PART OF CHAPTER 2 OP THE CODE OF THE
CITY OF MIAMI, FLORIDA, 1957, AS AMENDED,. MORE
PARTICULARLY AMENDING StrB.,SECTIONS 2 91: (2)
AND ' 2-109 : (2) OF SAID CHAPTER'-:2, B'!t PROVIDING
THAT UPON SERVICE RETIREMENT AFTER HAVING
REACHED MINIMUM SERVICE RETIREMENT AGE IF
A MEMBER OF GROUP 1 OR GROUP 2 OP SAID SYSTEM
0R A MEMBER OF SAID PLAN '.( i) HAS COMPLETED - SINCE
LAST BECOMING A MEMBER ,TWENTY -(20).YEARS -OF.
CONTINUOUS CREDITED SERVICE AT THE TIME OF.
HIS RETIREMENT OR .(ii) HAS.. COMPLETED SINCE
LAST BECOMING A MEMBER TEN (10) YEARS OF
CONTINUOUS CREDITED SERVICE AS OF HIS MINIMUM
SERVICE RETIREMENT DATE AND ALSO HAS COMPLETED
SINCE LAST BECOMING A MEMBER FIFTEEN (15) YEARS
OF CONTINUOUS CREDITED SERVICE AT THE TIME OF
HIS RETIREMENT, HE SHALL ALSO RECEIVE A PENSION
EQUAL TO AN ADDITIONAL 10% OF -AVERAGE FINAL
COMPENSATION; PROVIDING FURTHER THAT 'A' MEMBER
CEASING TO BE AN EMPLOYEE BUT REMAINING AS A
MEMBER BY VIRTUE OF A VESTED', RIGHT SO TO
REMAIN SHALL NOT BE ENTITLED TO HAVE ANY
OF THE MEMBERSHIP TIME AFTER CESSATION OF
EMPLOYMENT, CREDITED, TOWARD 'THE' COMPUTATION
OF ANY 0? THE HEREIN TIME PERIODS AND' FURTHER
SHALL ONLY HAVE THAT MEMBERSHIP TIME SPENT
PRIOR TO SUCH CESSATION OF EMPLOYMENT CREDITED
AS SERVICE HEREIN:FOR THE PURPOSE, OF, RECEIVING
THE HEREIN ADDITIONAL PENSION 'BENEFIT IF SAID
PRIOR MEMBERSHI? TIME WAS, CONTINUOUS AND FOR
A PERIOD: OF TWENTY-FIVE (25)`YEARS OR -MORE;
CONTAINING A'SEVERABILITY'CLAUSE , DISPENSING
WITH THE REQUIREMENT' OF READING THIS ORDINANCE
ON TWO- SEPARATE DAYS BY A VOTE OF NOT LESS THAN
FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION
MUM members of The Miami City &moral
2mp16yeee' Retirement Plan and those meMbere of The Miami
City Employees Retirement System who are in Croup 1 or
Group 2 of paid System have secured an actuary study, which
reflects that additional benefits upon service retirement
might feasibly be provided said ethers subject to certain
requisite conditions such as length of employment services
WHEREAS, the City Commission has found that such
additional contingent benefits would be considered as a
factor by many individual employees influencing them to
remain in city employment and accordingly such benefits
will tend to preserve and maintain a strong and stable labor
force; and
WHEREAS, the original actuary study pointed out
that the cost factor involved in the implementation of the
additional benefit cannot be determined precisely In advance
until such time as some actual experience develops with
regardto those employees affected;
WHEREAS, delayed or deferred retirements beyond
the date of minimum service retirement age would result in
a reduced cost factor by reason of the forbearance of those
regular pension benefits which an employee would otherwise
presumably receive during the deferred periods and
WHERE IS, neither Ordinance lo. 2230, adopted
PDecember 6, 1939, as amended, creating the Miami City Employees'
Retirement System nor Ordinance NO B824, adopted May 2�
19S6, as mended, creating the Miami City Cenera1 .Employees'
Retirement Plan were included as a portion of the new Code
at the City of Miami, Florida, effective SepteMber i, 1067,
as adopted by Ordinance to, 585, July 29198`: and
WHEREAS, said System and Plan now both exist in
accordance with the codified form as appears in Chapter 2
of the Code of the City of Miami, Florida, 1057, as amended,
in addition to basic ordinance form;, and
WHEREAS, any addition or amendments to either
said System or said 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 following changes are hereby
made•in the Miami City Employees' Retirement System and
the Miami City General Employees' Retirement Plan (Ordinance
No. 2230 (December 6, 1939) and No. 5624 (May 2, 1956)
said ordinances, as amended, appear in codification form
as a part of Chapter 2 of the Code of the City of Miami,
Florida, 1957, as amended:
(a) Paragraph (2) of Subsection 91 of Chapter
2 of the Code of the City of Miami, Florida,
1957, as amended, is hereby amended by
adding the followings
Upon such retirement from, service,
after having reached minimum service
retirement age, a member of Group 1'
or Group 2 shall also receive a pen-
sion equal to an additional. 10% of
(b )
the City of Miami, Florida, 1957, as amended is hereby
amended by adding the followings
Upon such retirement from service, after having reached
minimum service retirement age, a member shall also
receive a pension equal to an additional 10%'of Average
Final Compensation if (i) shall have completed since last
becoming a member twenty (20) years of continuous credited
service at the time of his retirement, or (ii) he shall have
completed since last becoming a member ten (10) years of
continuous credited service as of his minimum service
retirement date and shall also have completed since last
becoming a member fifteen (15) years of continuous credited
service at the time of his retirement, It is further provided
that .a member ceasing to be an employee but remaining as a
meazber by virtue of the exercise of a vested right so to
remain shall not be entitled to have any of the membership
time after cessation of employment credited toward the corn-
putation of any of the herein time periods and further shall
only have that membership time spent prior to such cessation
of employment credited as service herein for the purpose of
receivingthe herein additional pension benefit if said prior
membership time was continuous and for a period of twenty-
five (25) years or more.
Section 2. If any section, sentence, clause,
average i a. Coi pensae oh if (I) he shall haVe etniip eted
Si 1C't last tiddoiiiitig a flietillier tweitt'y (26) years of tohtirstiO11 ,
xi eY
oizc:dited setvice at the tiitie of his retii�enient; oi° at) lit= shall
?a o oompleted since last becoming a i tennber ten (10) years
of continuous credited service as of liis minimum service
ro6itit3dYit date and shall also haste ooipleted since last
becoming a. member fifteen (15) years of dotitiiittotis credited
service at the tiii'ie of his retirement. It it further pia'oltitit d
that a tiiethibet ceasing to be ark etnpioyee bait 2eiixiaiith g e.s a
itel-aber',by virtue of the ekeroise ofS. vested right so to ].=k'.ni:ain
shall rust be entitled to have any of the membership time afte .
cessation of employment credited toward the ;oofi'iipt ratio;,' o
airy of the herein time periods aiid further shall only have that
»;c.7'ibersi`.ip time spent prior to such cessation of employment
ci't:tiited as service Herein for the purpose of receiving the
herein additional pension benefit if said prior membership
time was conttuous and for a period of twenty. -five (25) 7ear s
or Morey
Paragraph (2) of Subsection 109 of Chapter 2 Of the Code' of
phrase or word of this Ordinano, p1 for any re&ion teid : ar
deolared to be 'unconstitutional) inoperat.Ve or vsid, suoh
holding or invaadity ah&ii not affect the 'rema.ntng pertiona'
of this. Ordinanee, and it ehaii be eon trued to' have been
the ihtenb of the co lion a ` the ei y Hof Miami to oak
this ordinance without such uneonstitutional, invalldot
inoperative part therettn and the remainder of this Ordihanee
after the.exolusion:of such part or'parts Shall be deemed and
held to be valid as . if such parts had not been .inoluded therein.-:
Section 3. -That the retuirement of readingthia ordinance'
on two separate'days is hereb i dispensed with'by a vote of not
loss than four -fifths of the members 'of the Cotninission.
PASSED 'ON FIRST READING B,. TITLE ONLY this loth d
'Mar�h� 1972.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this l6th day of March, 1972.
H.D. SOUTHERN
CITY CLERK
DAVID T. KENNEDY
MAYOR
C1erk or the C�' y
hereby certify that on the 17day of
zip D. 1972-.a fall, true .and correct copy
tbc
'above And foregoing ordinance was of South
� � posted at the sottt}�
Zoor of the Dade County Court Rouse at the 'place
VroVided for notices and publications by attachinf.
Raid. copy place to the provided
ad therefor.
WITNESS my hand and the of eia1 seal of said
City this 9-2 day of...,.. `'''41
� A • /I�,1 19..
MIAMIIkLIVICW
AN DAILY Pittb13
i fail bay etc dr SdtU M&; &lay' ►w
t► rI tiatiatiyi
RidMil dalye oithly* flood&.
§tMM& tiottibA
COUNTYOF D DE
Sethi� tKb irn ir3ighIa $tiTKbfit, 10
filifid Mirth/ bfbbfife 'Ad an bath says #fiat %hi
13 the.. Cfffei Manager di MO Miathl Review arid
Dilly Riddid, 6 daily Iblatit SitUrday, SU((l1day and
Lige' .bifdeys) heics8Iper bubiithad at MWand In
Dade D$Ouifity, monde: that thaattathed tops(6f adder,
titerhefit, being a Legal AdvertIterftent 'br Notice Ih
the matter )of
Adoption of ..ard.i. tariee Uo.„p44
Re t MiaMi . City Employees Retil'etnerit
Systerti Amending Ordirianoe 2230 and
Ordinance 5624
hi the
-X )t: X
was published in said "newspaper in the issues of
•
AffiahSay t. further s that the said Muth) Review
and Daily Retard IS a hewspaper published at Miatni,
In said Dade County, t bride, and, that the said hews,
paper has .heretofore. been continuously published In
said Dade county, Florida, each day (except Saturday,
Sunday and Legal Holidays) and has been entered as
Second glass mail matter at the pest office. in Mienii,
rn said Dade, CaUhty, Florida, fore period .of one year
hext preceding .the. first publication, of the attached
copy of advertisement;: •and affiaht further says that
she has: neither paid hot promised any, parson. firm
or corporation any tilscount rebate, commissibh or
refuhd for the purpose of taming _this advertisement
for publication in the said newspaper,
L,_..{n{,.::Z!«.:z.«.f....s:Fim•fi.... '`�..«r.. «:,G.:i.l.::'..'%:{.t.«
Sworn to and subsellbed before ma this 2 2nd
day of , A. b. i9.2.�.....
th Clatter,
Notary Pub , State of Florida et Large.
(SEAL)
My Commission expires May 16, 1973.
At
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Alit)tThl= Aft=.
AMt 'C1'FS' Gf;1F.ItAt;
PLOVE S'u REt'IREhfEf't''
MAN tclltbtt•IANCE .{ 140.
5624,i1AT 1956e,:' AS
AWitgblIb) A5 •A'ti1'EAtt,i
INc3 14 : CODIi!ICAI10N
f:ORM.. AS A PAWS iiF'
eItAt''rEtt 2 :0)4 h'1iE eobM
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A�ti bF,17, AtOTtE' t'Atti
Ttt't'1.Ah1.v AMENDING:
,.Stti3-sECTICihrs,—_ 9t (dl
AfiD: 2.109. 12) OF SAID.
'CMAt'TE1t 2, t;rt'. S''ROVID-
1::G 'i'fiA1' t"i't)N 'St31tV=
ICE itEttR1:611 g'r AFTER
3lAi'INO; 11EAC1tt t) 14t'I=,
Mit`MI SI:Ri'1CT: ItF:TI1tE-
1tI:NT ACIE IF A NII;tIFii:R
01.' Ctltt7t't` 1 C)ft (moil, 2
oF 8A1D SYSTEM. OR A
MEMBER. 0A SAID 14I.i:\\
ri) 11AS C0111'LT"t1Ab
SINCE LAST BEC')MIING
A \1EMLIEfi TWENTY (20)
YEARS OF Cr)NTINUOVS
CREDITED SERVICE- AT
T11ETI51E OF' 1115 TIE-
Titti•'1IENT: OR: (11) 11AS
CoMPLisTKb SINCE ,LAST
IrErt' 11NG A.: 11FMi.F:r1
TEN t10) YEARS' OF CON-.
T1Nt'Ot15 C191tI'1'FAb
SERt'10E, AS OF I115 MIINI-
A1tMI S1•:rtVICF IRETI11E-
. A1ENT DATE AND.. ALSO
11AS COM i'LFTED SINCE
LAST BECOMING A ' M EM-
HErt FIFTEEN '(1:,f.YEARS
of CONTINt*OI'S CREDI-,
TF.D SER\'IC:I. AT THE;
TIME ' OF I11S RETIRE-
MENT. 11I SiiALL .ALSO
RECEIVE .1 1'1:NS1ON
EQUAL TO AN AI)DT
T10NAL 10G 01' AV'ERAC:F;,
1 FINAL C't)MP1:NSAT1UN:
1 PROVIDING FURTHER
THA`1' A 'Ji1.11111' R t;'EAS
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CONT1Kt1Ot3S 'AND
A- ttintobb 03:'
TIV1u:: (25) :•T.P.A1)5_ ott
"At0ttf:: Cofi'TA1NINt1 ;A
- SEtrERAt31iArk , CLAtJSt:,
DtStyt:;NS1',t'Ci..'.'tDti- h 1tE
RE QL7tt1;?d1:N'Co14 REAb, .
IN 1 1•111.$-ORbIgAgCE.DN
Two s> t'ARATE ,DAYS
1311A V0' E Oi: tiny' �ES8
TItAN;.1._ot.14-Ft1�TttS OF'
;tilt AMEMBEttS:Or TIt17
. ,•CoMMttsS10N
which Is. destinated, Ordinnnc0
No 6044.
14 1) 50UTIIrtiN
, CITY ,CLt 1 -:
CITY rtF AtlAMt i
FLORIDA
Pnhttef�tinn: nt`tills notice oft
tho 22nt1 dnv'of hInrc•h, 1972.:
A,1.. Nn. 30804