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Ordinance: 13617
File Number: 16-00762
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/14/2016
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40,
ARTICLE IV, DIVISION 3, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY
OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST", MORE PARTICULARLY BY AMENDING SECTION 40-249,
TO ALLOW FOR OPT OUT PROVISIONS WITH REGARD TO THE STAFF OF
ELECTED OFFICIALS FROM MANDATORY PARTICIPATION IN EITHER THE
CITY'S PENSION PLAN OR THE CITY'S DEFINED CONTRIBUTION PLAN;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. Chapter 40, Article IV, Division 3 of the Code of the City of Miami, Florida, as
amended, is further amended in the following particulars: {1}
"CHAPTER 40
PERSONNEL
ARTICLE IV. PENSION AND RETIREMENT PLAN
DIVISION 3. CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST
Sec. 40-249. Membership; members absent from service.
(b) Participation in the Plan is a mandatory condition for all employees except for those employees
who are precluded from participation in the Plan pursuant to section 40-351 and employees working
in the office of an elected official. Emalovees workina in the office of an elected official have the
ability to opt out of participation in the Plan and the City's trust fund as established by Section 40-351.
However, if the employee ceases to work in the office of an elected official but continues employment
elsewhere within the Citv. that emDlovee shall enroll in the Plan and start contributina to the Dlan if not
otherwise precluded. Acceptance of employment shall constitute authorization for the city to pick up
City of Miand Page 1 of 2 File Id. 16-00762 (Version: 1) Printed On: 5/14/2018
File Number: 16-00762
contributions from compensation of employees.
Enactment Number: 13617
Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately upon its adoption and signature of
the Mayor.{2}
Footnotes:
{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
(10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the City Commission or upon the effective
date stated herein, whichever is later.
City of Miami Page 2 of 2 File Id. 16-00762 (Version: 1) Printed On: 5/14/2018