HomeMy WebLinkAboutO-08059r
tek
OROINANCtNO.:_80$0----
AN ORDINANCE AMENDING THE MIAMI CITY GENERAL
EMPLOYEES' RETIREMENT PLAN (ORDINANCE NO. te.24,
MAY 2, 1956, AS AMENDED); AS APPEARING IN CODI-
PICATION VORM AS A PART OF CHAPTER 2 OF THE
CODE OP THt CITY OF MIAMI, VLOAIDA, 195/# AS
AMENDED, MORE PARTICULARLY AMENDING SUB -SECTION
2-109 OP SAID CHAPTER 2, BY DELETING TREAEPROM
SUB-PARAGRAPRS 4(b), 4(c), AND 4(d) AND SUB-
STITUTING A NEW SUB -PARAGRAPH 4 (b) THEREBY
ELIMINATING THE VORMER MANDATORY REDUCTION
OP THE RETIREMENT ALLOWANCE Or AN, EMPLOYEE
RETIRED ON ACCOUNT OF ORDINARY DISABILITY BY
ANY BENEFITS RECEIVED PROM THE FEDERAL SOCIAL
SECURITY PROGRAM, SAID NEW PARAGRAPH READING
AS FOLLOWS: "A PENSION WHICH, TOGETHER WITH
HIS ANNUITY, IF ANY, SHALL PROVIDE A TOTAL
RETIREMENT ALLOWANCE EQUAL TO NINETY PER
CENT OF THE PROPORTION OF HIS AVERAGE FINAL
COMPENSATION SPECIFIED AS THE RATE OF BENEFIT
FOR HIS GROUP AND CLASSIPICATION, AS PROVIDED
UNDER SECTION (2-106(4), MULTIPLIED BY THE
NUMBER OF YEARS OF HIS CREDITABLE SERVICE,
IF SUCH RETIREMENT ALLOWANCE EXCEEDS THIRTY
PER CENT OF HIS AVERAGE FINAL COMPENSATION;
OTHERWISE A PENSION WHICH, TOGETHER WITH
HIS ANNUITY, IF ANY, SHALL PROVIDE A TOTAL
RETIREMENT ALLOWANCE EQUAL TO NINETY PER
CENT OF SUCH PROPORTION OF HIS AVERAGE FINAL
COMPENSATION, MULTIPLIED BY THE NUMBER OF
YEARS WHICH WOULD BE CREDITABLE TO HIM,
WERE HIS SERVICE TO CONTINUE UNTIL THE
• ATTAINMENT OF THE MINIMUM SERVICE RETIRE-
MENT AGE FOR HIS GROUP AND CLASSIFICATION,
SO FAR, AS THE RESULTING TOTAL RETIREMENT
ALLOWANCE SHALL NOT EXCEED THIRTY PER CENT
OF HIS AVERAGE FINAL COMPENSATION." AND
CONTAINING .A SEVERABILITY PROVISION; DIS-
PENSING WITH THE REQUIREMENT OF READING
THIS ORDINANCE ON TWO SEPARATE DAYS BY
A VOTE OF NOT LESS THEN FOUR -FIFTHS OF
THE MEMBERS OF THE COMMISSION.
ti the ediictiotc of a retii*ed empl6Jee's
reti `emetlt all6iande on atdbuht of his re6eipt of social
' tec rity' beriefite hat be@n ' diteorit ft ed for. a iut ber of yeas;
and.
WHEREAS, an employee retired as a result of ordinary
disability should also receive a 'retirement alloWance tinreduced
by social security benefits; and
WHEREAS, neither Ordinance No. 22SO, adopted December
6, 1929, as amended, creating the Miami City Employees' Retire-
ment System No. 5624, adopted1956, as
nor Ordinance May- 2,
amended creating the Miami City General Employees' Retirement
Plan were 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 both exist in ac-
cordance with the codified form as appears 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 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 M IAM I , FLORIDA:
Section 1. The following change is hereby made in
the Miami City General Employees' Retirement Plan_ (Ordinance
it
Nos S624 (May 2) 1956), as atended)) as said ordinanceas
amended, appeart i?i codificatioh fbrM as a part of cialtet 2
6i the Code of the City br Miati, Vlbrids, 1957, as aended:
(a) Paragraph (2) of subsection In of Chapter
2 6E the Code o. the City of Miami, Florida,
1957, as amended, is hereby amended by the
deletion of sub -paragraphs 4(b), 4(c), and
4(d) and by the substitution of the following
neW sub -paragraph 4(b):
"A pension Which, together with his
annuity, if any, shall provide a total
retirement allowance equal to ninety
per cent of the proportion of his
average final compensation specified
as the rate of benefit for his group
and classification, as provided under
section (2-106(4), multiplied by the
number of years of his creditable
service, if such retirement allowance
exceeds thirty per cent of his average:
final compensation; otherwise a pension
which, together with his annuity, if
any, shall provide a total retirement
allowance equal to ninety per cent of
such proportion of his average final
compensation, multiplied by the number
of years which would be creditable to
him, were his service to continue until
the attainment of the minimum service
retirement age for his group and clas-
sification, so far as the resulting
total retirement allowance shall not
exceed thirty per cent of his average
final compensation."
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 sueh Ufe fatittxtiora.j., t VAii o Inb r4tiv6 . &rt
therein; flA the remai?c er . of thie Ordinance after the
exclusiOt bf aueh part or party shall aiid
to be valid as if'suth parts had not been include therein.
Seetioh 3. That the requirettent of reading this ord.,
itiance On tw6 separate-daye.ia hereby diepensed.with by a.
Vote of not less than fOui fifths of the fitinb rs of the
Commission.
Section 41 phis ordinance to be effective J'anuarJ i4972..
PASSED AND ADOPTED this 19th day Of Maki, 1972.
H.D. SOUTHiERN.
CITY CLERK
DAVlb T. KENNEDY
M A Y 0 P
f of0 l
Ole o the�t9 a .::....... .:
ke=eb1 eerti�i► to
t ..au tile.:..,....,...... ,.:..... • of the
9 �. 7 a full, trno and correct aop9,
L. M. 1 �% Pasted at `the South..
oirig ordinance wee
?Ma
sieve and foro� Court Boise at th�R place
of the Dodo Countyattaching
pro nblicatione b9
sovided for .aoticsw and,P.
� place Pro91d4a therefor. ,
1p�id copy to .tile p tbo official seal of moil
1}� �J'�y band a ;"-
iir (I . •{NII/NIl1lJNM
.>•NN .W.11 N1i1 i -clot
f lg1►t
1
M1AMi R1EW
. AND 'BARN it,fftleti5
Pitbrifht M a ry ,
lad "Mittel .
• bP K ARIBA
t [1N1`if 'Of 13ADl~
9etare ttte . tllidifbithed euthsrttsr isefeartatl9
Peed Mefthe brdbiile, Wh8 bit bath_ sate the the
IS the V.P.: Legal , Ade bf - the Mierhi &Vie* tend
Daily Rettifd, a Belly- (except setutae t, uhtay end
Legal 'Holl,daye) " helve apex publI3hed at .MIA') In
Dade b8Uhty,,Floflde; het the eftached Copy of edVer•
tleehierit, being A Legal AdVertiselheht br Nstiee Ill
the TAttef'sf-AdOptiOtt of Or No, SOri0
ike i rltttet d.itt, tity
.44441 1
D,1414N i
eti Atployee i+;,i ttetir ettt , Plan)
tat tee out
was published In geld newspaper In the issues of
ail••,i,il
.• 666 R 141 .
Went further says that the' said Miami Review
and Daily Record is a newspaper published at Miami,
in said Dada County, Florida, and that the
ublishhewin
paper has heretofore been . Continuously. p
SundDade
ys and Legai Holidays) each day
been en Saturday..
$as
second Class mall Metter et the post office In Miami,
in Bald Dade County, Florida for a period of one „year
next precedIng the first: publication bf the attached
copy- of edvertiseinehtl and affiant further says that
she has neither paid nor promised tiny person, firm
or corporatioh any discount, rebate, commission or
refuhd for the purpose of securing this edvertlsement
- for publication In the Said newspaper,
�.,-r--eL- sac f
, 1,. .�'tiN•wi,i�11�•
Swam to end subscribed before mb this
2 ; h...... day of LlaY A.C. 19 72
' E
Marjorie T. Smith.
Notary Public, State of Florida at Large.
(SEAL)
My Commission expires September 1, 1973.
tV A 2T
ti!' CE to 7 t J
-:A i adill tli $„It @, P�ttNT Dr AV E}
toll At t fl n M tty PUUAI CbM �:I SA 10N�t
it„ la 1, Pk*Iittii i,i pre Ceti►ttilitt RM .�1= E r�
t*f .. n het , t`0,0' �, edb,tett, ri t p�
71.::. �htillieS ti5 �n`c Turk k ' tALt,
Ai4 tiftD1NA * . A t b1N . PttOVirit A 'SAL tlItItx ,
y')IE SRAM! :tiff ' n9N$RAti :"•M ` ".AtLOWAKCE ," EQtiAtrl
- ' t MtstOrt :S' , RE' itfEMEN`� '1 :N1ki;Ttf . I'ER'alter 0f
PLAN bililiNANC f. Ko. ti624. a fiat 1 t'I01ti Ot tttg
AMtiNb t i AVEtRAGE FDIAti `C0 tt'E sA
MA, 2r ii!)ad "A� l. Tt� Milt/Matt 12Y .'P iE'
AS, N FO ifil A rr - PAAT'iC NIIMIgT R OP.: Yt Atil Wtiie/4.
9'IIA FOttiti AS A t'ARcot
VVOtltti lit C'L`biTAnr,E To;
C-r ' Ft Eit ` 2 OF' Tilt AMI; HtM. WE1 E IIIS..: SERRV#CEE '1'(3.
01{ 't#i2 :evil. OP . �ftAEti, CON�11ivi)t1 ttNTiL 'Tilt; AT+
Fi:ORf p A tt AS_ t i, A tt 1. V ; - TAINMENT OP . T#IE .' MINI.- '
bibt#E _I'AIt`itICtit.,Atti.Y
t�fiENtlSAI .:crtAti Eirl+i t2 -A 1$B-tl iOU -M1D
eta. rj ELE' INtl '"CttAt39itOt St CL,ASS11 iCATt0N, 1:
I.ERAGRAi 5'ttt4(h), 4(�ht, Still'
Tilt tt suurtsciv f At. y'
41d) A 1) St d(T1, d(t),. A;'tlii
9ttl);, AN'bi " St1FiSTIi'i7T ,. G . A : 9'ittE'irtii�lT A L L''O �►.-A I�tC ij:
;.NEaf_,_St?tt.PARAGRAt'hi 4(bi-` -SItALLi;NOT CC1 D:"t'I#ItiTY
i lgtRFBY. ELIMINATING tilt PE`R C 'lit ttt ibt".14/8 ATY f11ERAGE'
FOR:•iER_ M AN_TATORV ilt ... Rg=
ibENT' 1LLOWANCL' OrI AN :'I 6VI CNL-D SP NStNG
t Ett-PLOYEE RETIRED ON AC- . \VITit . 'tilt , REQUIREMENT
AIL Tf BY- A Y BENE S AiNCE , ON ' - TWO-SEPAAIIA E
1
12ECEiVEb FROM Tit , PS1)�. bAYS' V A_, VOTE. Ole.'; Not-
, SOCIAL 8-ECU R_I T Y TI#E LESS TEEN
1N $$ S TI#11
t PIlO01iAtt,, SAID NSW PARR
' GRAI'R . READING AS FOL. COMMISSION
• LOWS: _ "A PENSION .W'IIICit. a•hfeh` to clea4Suatert Oi, ,._ . �Hc 3
TOGETHER \VITII 1l1S AN.. -
NL'ITY, IA ANY. SHALL Pilo.- No 8059.
VII)E.A-TOTAL RETIREtµ1ENT I#•'I). SOLJ'rRt ttAt :.
iAL-I.O\VANCE..EQtJAt._TO
NINSTV PER CENT , 0F: TIIi: CI,Y L. MIAI,tI,
PROPORTION OF I11S AVER- - > CITY1'
AGE FINAL COMPi NSATiO�t .' FLORIDARlication rd . t1,- trottce on'
SPECIFIED AS TI=IE RATE OF -
BENEFIT,' FOR IIIS'' GROUP the 25th day of -May,
fit-.. 7
AND CLASSIFICATION, -. AS _
PROVIDED ENDER
RPM th
S/18/7
AN ORDINANCE AMENDING THE MIAMI CITY GENERA,
EMPLOYEES`'RTtMtI,, PLAN,(ORDINANCE,NO. 5624,
MAY 2, 1956, AS AMENDED); AS APPEARING tN CObt�
FICATION FORM AS A PART 'OF CHAPTEit 2 OF THE
CODE OF THE CITY OF MIAMI, 'LORIDP,, 19570 AS
AMENDED, MOREPARTICULARLY AMMINO SUB -=SECTION
2-109 OF SAID CHAPTER 2, BY bELETMNG THEREFROM
SUB -PARAGRAPHS 4(b), 4(d), AND 4(d) ANDSUB...,
STITUTING A NEW SUB -PARAGRAPH 4(b) THEREBY
ELIMINATING THE FORMER MANDATORY REDUCTION
OF THE RETIREMENT ALLOWANCE or AN EMPLOYEE
RETIRED ON ACCOUNT OF ORDINARY DISABILITY BY
ANY BENEFITS:RECEIVED FROM THE FEDERAL SOCIAL
SECURITY PROGRAM, SAID NEW PARAGRAPH READING
AS FOLLOWS: "A PENSION WHICH, TOGETHER WITH
HIS ANNUIT1f,,IF ANY, SHALL PROVIDE A TOTAL
RETIREMENT:ALLOWANCE EQUAL TO NINETY PER
CENT OF THE PROPORTION'OF HIS AVERAGE FINAL
COMPENSATION SPECIFIED AS THE RATE OF BENEFIT
FOR HIS GROUP AND CLASSIFICATION, AS PROVIDED
UNDER SECTION (2-106(4), MULTIPLIED BY THE
NUMBER OF YEARS OF HIS CREDITABLE SERVICE,
IF SUCH RETIREMENT ALLOWANCE' EXCEEDS THIRTY
PER CENT OF HIS AVERAGE FINAL',COMPENSATION;
OTHERWISE A PENSION, WHICH, TOGETHER WITH
HIS. ANNUITY,, IF ANY, SHALL PROVIDE A TOTAL
RETIREMENT ALLOWANCE EQUAL TO NINETY'PER
CENT OF SUCH PROPORTION :OF HIS AVERAGE FINAL
COMPENSATION, MULTIPLIED BY THE NUMBER OF
YEARSWHICH WOULD. BE, CREDITABLE TO HIM,
WERE HIS SERVICE.TO,CONTINUE UNTIL THE
ATTAINMENTOF THE MINIMUM SERVICE RETIRE-
MENT AGE FOR HIS GROUP AND .CLASSIFICATION,
SO FAR AS THE' RESULTING_ TOTAL. RETIREMENT
ALLOWANCE SHALL NOT EXCEED THIRTY. PER, CENT,
OF HIS AVERAGE FINAL'COMPENSATION." AND '
CONTAINING A SEVERABILITY'PROVISION, DIS
PENSING WITH THE, REQUIREMENT OF READING
THIS'ORDINANCE ON TWO SEPARATE DAYS BY
A VOTE OF NOT LESS THEN FOUR --FIFTHS OF
THE MEMBERS OF THE COMMISSION.
WIttfttAg, the reduotin of a retired employee's
retirementallowance On aCoount of his receipt of eoc ial
sedurity 'benefits has been discontinued far a number of years;
and
WHtRtAS, aft employee retired as a result of Ordinary
disability should also receive a retirement allbWance u ireduced
by social security benefits, and
WHEREAS, neither Ordinance No. 2230, adopted December
6, 1929, as amended, creating the Miami City Employees' Retire-
ment System nor Ordinance No. 5624, adopted May 2, 1956, as
amended creating the Miami City, General Employees' Retirement
Plan were 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 both exist in ac-
cordance with the codified form as appears 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 amendmentsto 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 change is hereby made in
the Miami City General Employees' Retirement Plan (Ordinance
No, 5624 (May /) 1M6)) as affierided)) at said ordinands) a§
amended) appsats in codification form a§ a part Oi Chapter 2
of the Code of the City of Miami, Florida, lgS/, as amended!
(a) Paragraph () Of aubsection 109 of Chapter
2 of the Code of the City of Miami, PlOrida,
1957, as amended, ig hereby amended by the
deletion of sub -paragraphs 4(b), 4(d), and
4(a) and by the substitution of the following
new sub -paragraph 403):
"A pension which, together With his
annuity, if any, shall provide a total,
retirement allowance equal 'to ninety
per cent of the proportion of his
average final compensation specified
as the rate of benefit for his group
and classification, as provided under
section (2-106(4), multiplied by the
number of years of his creditable
service, if such retirement allowance
exceeds thirty per cent of his average
final compensation; otherdise a pension
which, together with his annuity, if
any, shall provide a total retirement
allowance equal to ninety per cent of
such proportion of his average final
compensation, multiplied by thenumber
of years which would be creditable to
him, were his service to continue until
the attainment of the minimum service
retirement age for his group and clas-
sification, so far as the resulting
total retirement allowance shall not
exceed thirty per cent of his average
final compensation."
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
3
MAYOR
Without suth uri%ptistitUtional# invalid be ihopefatiVe part
thereth. and the iefitaindef of this bidi ranee after :the
Otthigion of titoh gait or parts shall be de iii'ec. arid, held
to -be Valid as if sttoh parts had not been fteluded therein.
Seetion . -That the regttitoment of reading thie
ordinance on two se agate; days is hereby dispensed with by
a vote of not less than four fifths Of' the members Of the
Commission
section 4i `his ordinance to'be effective 3.1 an,19.72'.
PAS H"O`T FIPST IttADING ITL OilLY TI tS
lam, i972
DAY `OE
PASSED AND ADOPTED O SECOND AND FINAL READING BY
TITLE ONLY THIS //9- DAY OF )7 -
�,4;rt.J.r,,G>ir:.c�%'
✓
f�+CC,� '2�yt.eaT rf7��'aoZ
G.L Ge` . - -
r,.•
ATTEST:
at-6de?
CITY CLERK
RED AND APPROVED BY:
Robert F. Clark
Assistant City Attorney
REVIEWED BY;
()
9hn S. Lloyd
siatant to D3.reo ..r
Mna. BP
/`/
, 1972.
tQ in - City Atto 'ney
4