HomeMy WebLinkAboutO-08049ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE tO 6b44 PASSED
AND ADOPTED MARCH 16, 1972, ENTITLED:
"AN ORDINANCE AMENDING G CERTAIN SUB -SECTIONS
OF THE MIAMI CITY EMPLOYEES' RETIREMENT
SYSTEM (ORDINANCE NO. 22S00 DECEMBER Sr
19390 . AS AMENDED) AND THE MIAMI CITY
GENERAL EMPLOYEES' RETIREMENT PLAN
(ORDINANCE NO. 5624,.MAC' 2, 15560 AS
AMENDED); AS APPEARING IN CODIP/CATION
FORM AS A PART' OF CHAPTER . 2 OF THE CODE
OF THE CITY OF MIAMI,, ELORIDA, 19570 AS
AMENDED, MORE PARTICCJLARLY AMENDING SUB"
SECTIONS 2-91 (2) AND 2.109 (2) OF SAID
CHAPTER 2, BY PROVIDING THAT UPON SERVICE
RETIREMENT AFTER HAVING REACHED MINIMUM
SERVICE RETIREMENT AGE IF: A MEMBER OF
GROUP 1 OR GROUP 2 OFSAID SYSTEM;OR 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 RE-
TIREMENT DATE AND ALSO HAS COMPLETED
SINCE LAST BECOMING A MEMBER FIFTEEN
(15) YEARS OF CONTINUOUS CREDITED SER-
VICE AT THE TIME OF HIS RETIREMENT, HE.
SHALL ALSO RECEIVE A PENSION EQUAL TO
AN ADDITIONAL 10% OF AVERAGE FINAL :COM-
PENSATION; PROVIDING FURTHER THAT A MEM-
BER CEASING TO BE AN. EMPLOYEE BUT REMAIN-
ING 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 COMPUTA-
TION OF. ANY OF THE HEREIN TIME PERIODS
AND FURTHER SHALL ONLY HAVE THAT MEMBER-
SHIP 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
MEMBERSHIP TIME WAS CONTINUOUS AND, FOR A
PERIOD OF :TWENTY-FIVE (25) YEARS _ OR, MORE;
CONTAINING A SEVERAI3ILITY CLAUSE; DIS-
PENSING WITH THE REQUIREMENT OF READING
THIS ORDINANCE ON TWO SEPARATE DAYS BY
A VOTE QF NOT LESS THAN.FQUR-FIFTHS QF
THE MEMBERS OF THE COMMISSION''
BY ADDING THE WORDS "EFFECTIVE OCTOBER 1, 1972"
8049
TO EACH CI THE AP RESAIf3 AMENDED 'SUB -SECTIONS
OP SAID CHAPTER 2 TnEREEY PROVrOING THAT :ONLY
THCat ME tERS WHO RETIRE UPON °SERVIOE RETIRE.
MENT ON OR AFTER 'OCTOMR 1, 19/ 2 .AND WHO ARE
OTHERWISE ISE ELIGIBLE UNDER THE REQUIREMENTS Off'
SAID ORDINANCE NO. AO44 SHALL RECEIVE THE 1b
OITIONAL 10+%e PENSION SET POMTH IN SAID ORbtN-
ANCE NO. 8044: CONTAINING A SEVERARILITY PRO-
VISION; DECLARING THIS ORDINANCE TO EE AN
EMERGENCY MEASURE; DISPENSING WITH THE. REQUIRE..
OF READING THE SAME ON TWO SEPARATE LAYS
ay A VOTE Off` NOT LESS THAN POU 'P IPTHS OP THE
MEMBERS or THE COMMISSION.
WHEREAS, the Miami city Employees' retirement System
and the Miami. City Oenera1l EmployeesRetirement Plan (Ordinance
No. 2230, December 6, 1929, 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);
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 designa-
tions as they appear in said chapter 2 of the Code of the City
of Miami, Florida, 1957, as amended; and
WHEREAS,' there was no effective date contained in
Ordinance No. 8044; and
WHEREAS, funding of these benefit payments wi1l be pos-
sible only after the enactment on or about October 1, 1972 of
the Appropriations ordinance for the budget year 1972 - 1973;
and
MUMS, sound fiscal policy . require
hat Ordinance
Nei 0044not beeOre effective until October
having been adopted in March, 1972:
NO, THEREFORE, RE IT ORDAINED DV THE COMMISSION OP
THE CITY OP MIAMI, FLORIDA:
Section 1. Ordinance No. SO44 adopted March 16, 1972
entitled:
1072 deapi
"AN,.ORDINANCE AMENDING CERTtI SUB -SECTIONS
OF THE MIAMI CITY EMPLOYEES' RETIREMENT
SYSTEM (ORDINANCE NO. 2230, )ECEMBER 5,
1939, AS AMENDED) AND THE MIAMI CITY GENERAL
EMPLOYEES` RETIREMENT -PLAN (ORDINANCE NO. 5624,
MAY '2, 1956, AS,AMENDID); AS AppEARING IN CODI-
FICATION FORM AS A PART OF CHAPTER 2 OF THE
:CODE OF THE CITY OF MIAMI, FLORIDA, 1957, AS'
AMENDED, MORE PARTICULARLY AMENDING SUB -SECTIONS
2-91 (2) AND 2-109 (2) OFSAID CHAPTER 2, ,BY
PROVIDING THAT UPON SERVICE RETIREMENT AFTER
HHAVING REACHED MINIMUM SERVICE.RETIREMENT AGE,
IF A MEMBER OF GROUP 1 OR GROUP 2 OF. SAID SYSTEM
OR A MEMBER OF SAID PLAN (i) HAS COMPLETED SINCE
LAST BECOMING A MEMBER TWENTY (20) YEARS..OFCON-
TINUOUS.CREDITED SERVICE AT THE TIME OF HIS RE-
TIREMENT OR (ii) HAS.COMPLETED SINCE LAST BE-
COMING 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 APENSION
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 RIGHTSO',TO"REMAIN
SHALL NOT BE ENTITLED'TO HAVEANY OF THE,MEMBER
SHIP TIME AFTER. CESSATION OF; EMPLOYMENT CREDITED_
TOWARD THE, COMPUTATION. OF. ANY' OF THE HEREIN'TIME
PERIODS AND FURTHER SHALL ONLY HAVE THAT'MEMBER-
SHIPTIME SPENT PRIOR TO SUCH CESSATION OF EM-
PLOYMENT CREDITED AS SERVICE HEREIN -FOR, THE
PURPOSE OF RECEIVING THE HEREIN ADDITIONAL
PENSION BENEFIT IF SAID PRIOR MEMBERSHIP 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 NQT;LESS THAN FOUR -FIFTHS OF
THE MEMBERS OF THE COMMISSION"
is hereby amended by the addition thereto of the phrase
HEffeetive October 1, 1972" to read as follows;
(a) Paragraph (2) of 81..section t1 at Chapter 2
of the Code of the City of Miami, f :Orica, 1057t
&6 amended, it hereby amended by adding the tot..
lowing
Effective October 1, 1S72, upon tuck retirement
from .service, after having reached minimum .ter -
vice retirement age, a member of Group 1 or
croup 2 shall also receive a pension equal to
an additional 10% of Average Final Compensation
if (i) he shall have completed since last becom-
ing a tether twenty (20) years of continuous
credited service at the time of his retirement;
or (ii) he shall have completed since ' last becom-
ing a t ember 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 continuouscredited
service at the time of his retirement. It is
further provided that a member ceasing to be an
employee but remaining as a member 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
computation 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 receiving the
herein additional pension benefit if said prior
membership time was continuous and for period
of twenty-five (25) years or more.
4
(b) Paragraph (2) 'of Sub=seotion 109 of Chapter 2 of
the Code of the City of Miamii rli rids► 195,, as
amended is hereby amended by adding the following:
affective October 1, 1972, upon such retirement
frOm service, after having reached minimum Service
retirement age, a member shall also receive a pen.
sion equal to an additional 10% of Average Vinat
Compensation if (i) he shall have completed since
last becoming a" member twerkty (20) years of contin-
uous credited service at the titneof his retirement,
or (ii) he shall have completed since last becoming
a member ten (10) years of continuous credited ser-
vice 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 member 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
computation 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 receiving the
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, 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 exclusion
of such part or parts shall be deemed and held to be valid as
if such parts had not been included therein.
Section 3. 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.
Seetion 4 The t"'ettiatet e it of reading this Ordi sanot
h tWo duepd.i ate K aY8 i5 hef'ebY distellsed with by
a vote or
not lese than four -fifths the of the meMber's of the C rn nissiot
PASSES
AND ADOPTED BY TITLE:ONLY this 6th day or
-April 1972
A'1.'rtST t H . DTYSOUTHtRN
DAVID 'r . KENNEi
MAY OR
cans-: of.:tbe ;+n+
horebg certify tiuxt •ou the 71/o..
A. D. ]. m :kI3., 4 i rn1. cc•rr is copy 02 the
y ov e and f •r e g f... aQ l..".-iri. „e i iiP. j�+ t :x 4.3 + 7 0 11Iay
,, Ce a. i7 %) ' e tit the plow
•L,:r noi,ic:f:s and bl..c'..,.t,.o ;~ ,.y .z..;.r chirig
oa d cod 7, to t. {} T.� ::r.'! 1•:: Ji f:i'•!l w% ni 2? s1
t •;;;:i i L n,3. r�.na Ord �:�c o{
y,i.w T! •. •..♦*n.f 1...� I.--�µ�....�1. �!•IIIHII�� '
•
-^ r
'MIAMI REVICW
AM, 1DAILM. ilffeaPta
har No dqi &mile 'illtil
LIN 'Hamm
Iliami,,baile Moth:
ItAtE'OP ff i gIA
CI7ukft 6F'. b E:
BONI' lhailftAat f ass Atithnityy Winner
afeti Marcia bfmbhla- Who 8n 6ath illy% that She
sa IRA ''OUie6 Ma'nag!7 61 thl. Mia1Ri neview and
Daily 'Ream,' a Bally tafiblot' SAtufdey; $u apes, ,and
•L)�ai Ralt6Ay) rtewsgapef pubhfhed at darn! in
Dada catnapFlafida; that tha 'attached t apy bt adNer-
bailment, being a LiigaiAdvaRisentent or 'Norte, in
tna fl9atte 13f
Adoption of di►( ee No, NO
Re* ?'IIAM'1X IMPLOYVYSt l IIMINT sY 1N i, cte (►
in the c,:...:. ,.uu....1.i,i,.i.,u.u,.t: ttlit, - ! was published ln, bard hew§papnr in the Issues of
April i2, 1072
AHtaht_ blether says that the said Miami beview
and Daily Record Is a newspaper published at Miami,
in bold bade 'County, Florida, 'and that the said news•
slipd rbade eautity hoFlobeerida,neachttl y e) cept Saturday,
Sunday. and Legal Holidays) and hat been entered as
second Blass Mail matter at the post Office hi' Miami,
. in said Dade C6Unty,- Florida, for a period of-ohe year
hest: preceding the first' publication of the attached
bogy of advertlseinent; and affient further toys' that .
she has neither paid nbr promised any person, firm '
Or-- cbrpbratton any discount, rebate,: commission . be
refund for the Outvote of securing this advertisement
forpublication ih the Said Newspaper.
SwOM to end tubseribed before me this
Janet Leo •
Notary public, State of Florida at Large..
(SEAL)`
My Commission expires April 15, 1973.
• tit1 MtAMtr:
bAbE t' t:NTVi•F1'r.
Lt•:t)AI. NOT10E '
Ali ihtci ested Will •take tiotice
,that. on.' the 6th day of • April,
'1972 the Cotninissioh Of the City
of • Miatnl;, Florida„ ftdopted Hit
ordinohce, entitled =
AN • ORDINANCE AMEND.,
TNd ORDINANCE NO. SO44,
PASSED AND ADOPTED
'' MARCH 16, 19,2, ENz
TITLED:
"AN ORDINANCE AMEND-
ING . , CERTAIN. 'SUB=SEC
• TIONS .. OF THE M2.1MT
• CITY • EMPLOYEES'• RE-
TTREMENT SYSTEM,(OR=
bINANCE NO. 2230, DE-
C E AIL B E'ft,6. 1039,' AS
AMENDED) AND -THE ItII
AMt CITY GENERAL Ei11=
PLOYEES'' RETIREMENT
PLAN (ORDINANCE NO.
3624, ' MAY '2, ,-.1916, AS
AMENDED): AS' APPEAR-
- ING IN -CODIFICATION
FORM 'AS A PARTOF
• CI1 APTER 2 OF THE CODE
OF THE CITY 'OF MIAMI."
F L O 11 I D A; ' 1957, AS
AMENDED,-: MORE PAR-
TICULARLY •' AMENDING
SUB -SECTIONS : 2-91 (2)
' AND 2-109 (2) OF SAID
CHAPTER 2, TY. P110VIb-
lNG THAT UPON1(31•HR♦•Icn
-.-.utaR2itE?tTI:N7`-A'F T E
.< HAVING REACI3ED=ALIT-I- '-
MUM; SERVICE i'RETIRE-
MENT-AGE IF A MEMBER
OF GROUP 1 OR GROUP -2
OF SAID SYSTEM' OR A .
MEMBER OF SAID PLAN' '
(U, H A S' COMPLETED'•
SINCE LAST' BECOMING A
MEMBER ' TWENTY (20)
YEARS OF: -CONTINUOUS
CREDITED • SERVICE 'AT
TIME OF;•.,HIS'' RETIRE
MENT.. OR Oh: IHAS COM-
PLETED SLNCE-LAST BE-
' COMING - "A MEMBER .TEN.
„(10) : YEARS OF' CONTINU-
OUS CREDITED SERVICE •
AS . ''OF,,'111S=-• MINIMUM
SERVICE RETIREMENT,
DATE • AND.:; ALSO. HAS;~,
' COMPLETED .SINCE . LAST,
BECOMING::,'A `MEMBER .
FIFTEEN (15) „YEARS OF
• CONTINUOUS `CREDITED
SERVICE AT-:.TIIE s TIME
;. OF HIS; RETIREMENT: 33E - -
SHALL.:ALSO'RECEIVE,A
PENSION' EQUAL=.TO'AN'
ADDITIONAL .:10' . OF
AVERAGE FINAL ' COM- .
PENSATION: `.` .'PROVIDING
• .FURTHER THAT A MEM- '
"HER-
CEASING 1TO'BE AN
EMPLOYEE BUT. REMAIN-
ING"AS' A' MEMBER -''BY..,'
VIRTUE ,,-OF "Aq•VESTED
RIGHT;:'.SO TO REMAIN..-'.
• SHALL NOT, BEE -ENTITLED -,
TO HAVE • ANY . OtF�- .`TIiE
TTRMDz:RS1AP ""�Z,agyg? -. .
T$,R'v'C'ESIT
i; PLOYMENT ;<wY:.,:CitEAI'iIi'-
TOWARD '.THat: GOMP.UTA- ' . .
`TION=,'.OF".=ANY° OF:'.:TUUE
iA1NEO> FU THER SHALL'
• ONLY I RAVE°'THAT.: MEM- ' ,
BERSHIP_• TIME SPENT
PRIOR ' TO' SUCH CESSA-
. ' . TION OF:. BMPL0YMI±NT,
CREDITED 'AS' SFRV.ICEe-.
HERRRV FOR THE - PUR ,
POST . : OF RECEIVING•
THE HEREIN , DIsaPm-'^-
AL PESION BENEFIT IF
SAID - -PRIOR Fr, .I4EM►18F-R'
SHIP TIMP
TINUO S IN • FOR A
PERIOP 4)I•' .TWENTY'
FIVE (5) TEARS <, OR
MORE.; 'CONTAINING A
SEVERABIL.1TY -' =CLAUSE :
DISPENSING
REQUIREMENT OF-'READ-
1NG °TADS ORDINANCE SON
TWO SEPARATE RATS BY,
A VOTE OF NOT tfESS
:TIIAItI FOUR -FIFTHS ;OF
'THE - -. MEMBERS PP TIDE
13 AbbD i 'TrtE t a1.,��,
EFFECTIV> 0C`rbEEi; .1
19 2.`'
AFO tESAtb •:AitE `bEO
Stt1-SECTION°" Or SAID
CbAPTER'~ =2 .T31ERE13V
VX
PRODING .: F)tAT ONLY.
TIIOSE MEMIIERS ' W8 0
RETIRE ttPON"`_SE)tVICE
RETIREMENT ON OR' AP.
TER" OCTo13E11 1. 1972 ANT)
tVHO ARE OTHERWTSE
EtIOIBLE TINDER • THE
REQUIREMENTS or SAlb
DI oRNANCE • NO.
,' `50441
SHALL RECEIVE' TItFI Ab.
DITIONAL 10% °;PENSt0AT
SET"FbORTI•I. IN SAID OR-
bINANCR NO:" R044t' CON-
TA1N1NG`"ASEVERABILITY
PROVIS!ONt . bECLARINO
THIS ORDINANCE
AN EMERGENCY
URE;' DISPENSING'tVITH
THE REQUIREMENT OF
READING THE SAME ON
TWO SEPARATE DAYS BY
A VOTE 'OF ` NOT',' LESS
THAN FOUR-FIFTIHS OF . .
THE MEMBERS OF TIIE
COMMISSION,
whieh r Is designated Ordinance
No. 5049. - '•
IT.' b. F'OUTi3ERN
CITY CLERK
CITY OF MIAMI,,.
FLORIDA - :
1'utAication,,:.ot., this notice oh
.the: l2th day: of•
Ad. No. 40269
1 h etee ted vi :il Eke hotite.that b l tie 6th day, big
A.04 3 1.1.Vn she dotimieeibh the 6i y i P o ida dopt d
n otekii aho6 e u'i fled ' re
AN Oi DiNANCE, AM8NDING ORDINAN= SO. 8044# PAM!)
- " ANO ADOPTED MARCIT 16, 1972, ENTITLED:
"AN ORDINANCE AMtNDING . CERTAIN SUB SEC :ONS
OE THE MIAM I CITY 8MPLOYEE8' RE T IItMENT
8V8TEM (ORDINANCE bi0� 22-S0, 6ECEN,BEit by
1.929# AS AMENDED) AND `in8 MIAMiI CZT3
GENERAL EMPLOYEES' RETTREM N'3 PLAN
(ORDINANCE NO. 56240 MAY 2,1956i AS
AMENDED)-; AS APPEARING IN . CODIFICATION
VOAM AS A PART OF CHAPTER 2 ,01.at CODE
OF THE CITY OP MIAMI„ rLORTDP., 1957, AS
AMENDED, MORE PARTICULARLY AMENDING SUBS
SECTIONS 2-91 (2) AND 2-109 (2) OF SAID:
CHAPTER2, BY PROVIDING THAT UPON SERVICE
RETIREMENT AFTER HAVING REACHED MINIMUM
SERVICE RETIREMENT AGE IF A MEMBER OF
GROUP 1 OR GROUP 2 OF SAID SYSTEM OR A
MEMBER OF SAID PLAN (i) IDS COMPLETED
SINCE LAST BECOMING A MEMBER TWENTY (20)
YEARS OF CONTINUOUS CREDITED SERVICE AT
THE TIME OF IIIS RETIREMENT OR (ii) HAS
COMPLETED SINCE LAST BECOMING A MEMBER
TEN (10) ' YEARS OF CONTINUOUS CREDITED
SERVICE AS Or HIS MINIMUM SERVICE , RE-
T IREMENT DATE AND ALSO HAS COMPLETED
SINCE LAST BECOMING A MEMBER FIFTEEN
(15) wv:as Oi CONTINUOUS' CREDITED S1 R-
VICE AT THE TIME OF HIS RETIREMENT, HE
SHALL ALSO RECEIVE A PENSION QUAL TO
AN ADDITIONAL 10% OF AVERAGE FINAL. COM-
PENSATION; PROVIDING FURTHER THAT A -MEM-
BER CEASING TO BE AN EMPLOYEE BUT REMAIN-
ING 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 EMPLOVAENT , CRuDIT, D TOWARD THE° COMPUTA
T ION OF ANY OF THE HEREIN . TIME PERIODS
AND FURTHER SHALL ONLY HAVE THAT MEMBER-
SHIP TIME SPENT. PRIOR TO SUCH CESSATION -
OF EMPLOYMENT CREDITED AS SERVICE HEREIN
FOR THE PURPOSE : OF RECEIVING THE HEREIN
ADDITIONAL PENSION3ENEFIT IF SAID PRIOR
MEMBERSHIP -TIME WAS CONTINUOUS AND
PERIOD OF TWENTY-FIVE (25) YEARS OR MORE;
CONTAINING A $EVERABILITY CLAUSE; DIS-
PENSING W ITa . THS REQUIREMENT OF READING
TUIS OR.DINANC ON TWO SEPARATE DAYSjY
A VOTE OF NOT LRSS 'MAN FOURsFIFTRS OF
THE MBNBSRS QF TItR , COMMIS S W
BY ADDING TBB WORDS "BFFEOT1V: CTODB4'1, 1972"
TO IAOR Or TEE AtOiktgAtb AMft Eb g t— dTION8
8AtH CH ►pTEft 2 . T iEi EY PikOVI Nd THAT bINt41
1/68t MEMEtft8.WHO ftETIA2 UPON 6tftVtOE RETi,_ -
ME OH OR AtTI R OCTOEft 10 1 `i 2 MO W 7I
c THEAWI8E ' ELfdII LL INbEf2 Ti 1'; HEQtiIREMiEivTS OE'
St fb ORf3tAt ii NO,, 8644 "8t17LL► RECE tVE THE Ab.
bITIOt AL .O% P*EN8IOM. sET VOftTE 8 ORbLN-
C2 I30.', 044; COOT tNI y A sEVE I ILtTY DIV5
vLSIO , bECLURIN6 Ti/s ORI NA E TO Et l
EMEnCENC ' MEA8tft21 bf8t5t SI O W Tt-i T 11 I O tptt-
MENT OE` nEA0±No TEE 8 ME ONTWO SEPAPI\TE WW
B % VOTE Oto tioT LESS TEM' VOUA 't 'THs o THE
MI"Mi3EIts oV TT E
which is designated Ordinance I'o. 8049,
:H.Di SOiUH ITV
CITY CLERK
CITY 0 _i'[P.P,if yt1c"'nrA
RFC:rh
4/4/7 2
ORDINANCE NO. A
,42
AN ORDINANCE tENDINO ORDINANCE NO. 5044, PASSED
Aim ADOPTED MARCH i61..,1§72, ENTITLED:
"AN ORDINANCE AMENDING CERTAIN S't ai8ECT'IONS
OE THE MIAMI CITY EMPLOYEES' RETIREMENT
SYSTEM (ORDINANCE NO. 22S0, DECEMBE t 6,
1939, AS AMENDED). AND THE MIAMI CITY
GENERAL EMPLOYEES' RETIREMENT PLAN
(ORDINANCE NO. 5624, MAY 2, 1956, AS
AMENDED); AS APPEARING IN CODIFICATION
FORM AS A PART OF CHAPTER 2 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, 1957,.AS
AMENDED, MORE PARTICULARLY AMENDING SUB-
SECTIONS 2-91 (2) AND . 2-109 (2) OP SAID
CHAPTER 2, BY PROVIDING THAT UPON SERVICE
RETIREMENT AFTER HAVING REACHED MINIMUM
SERVICE RETIREMENT AGE IF A MEMBER. OF
GROUP 1 OR GROUP 2OF SAID SYSTEM OR 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 AMEMBER
TEN (10) YEARS OF CONTINUOUS CREDITED
SERVICE AS OF HIS MINIMUM SERVICE RE-
TIREMENT DATE AND ALSO HAS COMPLETED
SINCE LAST BECOMING A MEMBER FIFTEEN
(15) YEARS OF CONTINUOUS CREDITED SER-
VICE AT THE TIME OF HIS RETIREMENT, HE
SHALL ALSO RECEIVE A PENSION EQUAL TO.
AN ADDITIONAL 10% OF AVERAGE•FINAL COM-
PENSATION;,PROVIDING FURTHER THAT,A MEM-
BER CEASING TO BE AN EMPLOYEE BUT REMAIN-
ING 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 COMPUTA-
TION OF ANY OF THE HEREIN TIME PERIODS
AND FURTHER SHALL ONLY HAVE THAT MEMBER-
SHIP 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
MEMBERSHIP TIME WAS CONTINUOUS AND FOR A
PERIOD OF TWENTY-FIVE (25) YEARS. OR MORE;
CONTAINING A SEVERABILITY CLAUSE; .DIS-
PENSING '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":
BY ADDING THE WORDS "EFFECTIVE OCTOBER 1, 1972"
•
TO EACH OP THE APOREAAID AMENDED SUESECTIONA
OP SAID CHAPTER THEREBY PROVIDINd THAT =V
THOSE MEREERS WHO RETIRE UPON SERVICE RETIRE.,
MtNT ON OR MITER OCTOEtR1 19,2 ANT WHO AR2
OTHERWISE EttatEtt UNDER THE REQUIREMENTS OP
SAID ORDINANCE NO. 8044 SHAM) RECEIVE THE AD-
DIT/ONAL 1O% PENSION StT PORTH IN SAID ORDIN-
ANCE NO. 804.0 CONTAININd A StVtRAEILITY PRO-
VISION, DECLARINO THIS ORDINANCE TO Et AN
tMERO1NCY MEASURE; DISPtM8INO WITH THE REQUIRE-
MENT oP READ-IMO THE 8AM t oN TwO 8tPARATt DAYS
EY A VOTE oP NOT LtS8 THAN VOUR-VIPTA8 OP THE
MtMEtR8 OP THE CoMMISSION.
WHERtAS, the Miami City tmplOyees' Retirement System
and the Miami City General tmployees' Retirement Plan (Ordinance
NO.
2230, December 6, 1929, and Ordinance No. 5624, May. 2, 1956,
ias 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
they appear in Chapter 2 of the Code of the City of Miami,
form as
Florida, 1957, as amended, in addition to basic ordinance form;
and
WHEREAS,
and plan can thus be made by reference to the
tions as they appear in said Chapter 2 of the
of Miami, Florida, 1957, as amended; and
WHEREAS, there was no effective date contained in
any addition or amendments to said system
section designa-
Code of the City
Ordinance No. 8044; and
WHEREAS, funding of these benefit payments will be pos-
sible only after the enactment on or about October 1, 1972 of
the appropriations
and
ordinance for the budget year 1972 - 1973;
WREREAS, sound fiscal policy squires that Ordinance
Nos 8044 not become effedtive anti dthber 1:, 1972de ice i't§
having beef adopted in Mart , 3721
NOW,'THEREPORE, MAT ORDAINED by THE COMMISSION OP,
THE CITY OF MIAMt, E ,ORI3 A:
Seotion 1. Ordinanoe N6i 8044 adopted March 16, 1972 -
entitled:
°AN ORDINANCE AMENDING 'CERTAIN SUB=SECTIONS
OF THEMIAMI CITY EMPLOYEES' RETIREMENT
SYSTEM (ORDINANCE No. 2230, DECEMBER 6,
1939, AS AMENDED) AND THE MIAMI CITY GENERAL
EMPLOYEES' RETIREMENT PLAN (ORDINANCE NO, 5624,
MAY 2, 1956, AS AMENDED); AS APPEARING IN CODI-
FICATION FORM AS A PART OF CHAPTER 2'OF THE .,
CODE OF THE CITY OF MIAMI, FLORIDA, 1957, AS
AMENDED, MORE PARTICULARLY AMENDING SUB -SECTIONS
2-91 (2) AND 2.109 (2) OF SAID CHAPTER 2, BY
PROVIDING THAT UPON SERVICE RETIREMENT AFTER
HAVING REACHED MINIMUM SERVICE RETIREMENT AGE
IF A MEMBER OF GROUP 1 OR, GROUP -2 OF SAID SYSTEM
OR A MEMBER OF SAID PLAN (i) HAS COMPLETED SINCE
LAST BECOMING A MEMBER TWENTY , (20) YEARS OF CON-
TINUOUS CREDITED SERVICE AT THE TIME OF HIS RE-
TIREMENT OR (ii) HAS COMPLETED SINCE LAST BE-
COMING 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 MEMBER-
SHIP TIME AFTER CESSATION OF,EMPLOYMENT CREDITED
TOWARD THE COMPUTATION OF ANY OF. THE HEREIN TIME
PERIODS AND FURTHER SHALL. ONLY HAVE THAT MEMBER-
SHIP TIME SPENT PRIOR TO SUCH CESSATION OF EM-
PLOYMENT CREDITED AS SERVICE HEREIN FOR THE
PURPOSE OF RECEIVING THE HEREIN ADDITIONAL
PENSION BENEFIT IF SAID PRIOR MEMBERSHIP. 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"'
i$ hereby amended by the addition thereto of the phrase
'"Effective Qetober 1, 1972" to read as fQ11QW$;
( a) paragraph (
Of the Code
as amended)
lowing
) of 5ubgieeition §i of Chapter 2
of the 'City of Miemii P1orida) 19t7,
is hereby amended by adding the. to1-
Effective October lb 19721 upon such retirement
from service y after having reached minimum ter -
Vied retireiinent age, a Member of. Group 1 or
Croup 2 shall wise receive a pension equal to
an additional 10/ of Average Vinal Cohpenaation
if (i) he shall have completed since last becom-
ing in.. a me
� member twenty ( �d) years of continuous
credited service at the time oE his retirement;
or (ii) he shall have completed since last becom-
ing 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 ofcontinuous credited
service at the time of his retirement. It is
further provided that a member ceasing to be an
employee but remaining as a member by virtue of
the exercise of a vested right so to retrain shall
not be entitled to have any of the membership time
after cessation, of employment credited toward the
computation 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 receiving the
herein additional pension benefit if said prior
membership time was continuous and for a period
of twenty-five (25) years or more.
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(b) Paragraph (2) of 8ub-section 109 of Chapter 2 Ok
the Code or the City of Miami, Florida, 1967, as
amended is hereby amended by adding the following:
Effective October 1, i972, upon such retirement
from service, after having reached minimum tetvide
retirement age, a metbet shall also receive a pen-
sion equal to an additional 10% or AVetage Pinal
CompensatiOn if (i) he shall have completed since
last becoming a member twenty (20) years of contin-
uous ctedited service at the time of his retirement,
or (ii) he shall have completed since last becoMing
a member ten (10) years of continuous credited ser-
vice 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 retitement. It is
further provided that a member ceasing to be an
employee but remaining as a member 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
computation 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 receiving the
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, 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 exclusion
of such part or parts shall be deemed and held to be valid as
if such parts had not ben included therein,
Section 3, 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
5
4E7
City of Miami.
Section 4 The requirement of feadinq this brdih&nee
eh twti eeparate days is hereby d3.epehted with by a vote of not
le. j than four.,fifthe of the mdtbett.of tie COMMibtiOns
. of
PP,SS�� 'AND ASC��TED ��. '�ITt,t tni
O�fi�Y "s ,�.,.,41-„clay
i972.
Robert F. Clark
Assistant City Attorney
REVIEWED BY:
c�
Jack R. Rice, Jr,
Assistant Director.
f+, 1.
APPROVED AS �f}t1h�FORM `AND' CQ CTNES
f
Alan H. Rothstein _ City Attorney
MAYO It