Related Special Acts Subpart BSubpart B
RELATED SPECIAL ACTS*
* Editors Note: Printed in this Part I, Subpart B, are the related special acts consisting of special laws relating to the city in
addition to the Charter. Each related law is an article in this subpart B, with section numbers added editorially. The official citation for
each section is given in parentheses following the section, with amendments subsequent to 1957 shown by date of approval by the
electorate of the city. Amendments to the related laws are indicated by parenthetical history notes following amended provisions.
Obvious misspellings have been corrected without notation. For stylistic purposes, a uniform system of headings, catchlines and
citations to state statutes has been used. Additions made for clarity are indicated by brackets.
Article I. Zoning Boards and Commissions
Sec. 1. Zoning commission.
Sec. 2. Appointment, composition and duties of board of adjustment.
Article II. Public Library
Sec. 3. Authority to acquire, maintain and operate.
Sec. 4. Board of trustees.
Sec. 5. Personnel subject to provisions of article IV hereof.
Sec. 6. Repeal of conflicting laws.
Sec. 7. Enumeration of projects; definitions.
Sec. 8. Powers generally of city.
Article III. Municipal Projects
Sec.
Sec.
Sec. 11.
Sec. 12.
Sec. 13.
Sec. 14.
Sec. 15.
Sec. 16.
Sec. 17.
Sec. 18.
Sec. 19.
Sec. 20.
Sec. 21.
Sec. 22.
Sec. 23.
Sec. 24.
Sec. 25.
Sec. 26.
Article IV. Civil Service System
9. Certain officers and employees constituted civil service employees.
10. Human Resources Department.
Director of Human Resources.
Personnel board.
Application of these provisions to various positions and persons.
Personnel rules.
Limitations on appointments.
Promotions.
Suspensions, reductions and removals.
Status of officers and employees holding positions when this Act takes effect.
Certification of payrolls.
Oaths.
Information and access to premises and records.
Positions abolished, discontinued or vacated.
Prohibitions.
Election on acceptance of Act.
Construction of Act; separability.
Repeal of conflicting laws.
Article V. Health Plan for City Officers and Employees
Sec. 27. Authority to establish; cost; membership.
Sec. 28. Administration of plan.
Article VI. Pension and Retirement System for Officers and Employees Generally
Sec. 29. Authority to establish; cost; additional benefits; actuarial evaluations; effect of separation from service; funds, etc., not subject to
legal process.
Sec. 30. Managerial retirement plan.
Sec. 31. Investment of moneys.
Sec. 32. Pension board.
Sec. 33. Ordinance elections.
Sec. 34. Construction of Act; separability.
Sec. 35. Repeal of conflicting laws.
Article VII. Firefighters' Relief and Pension Fund
Sec. 36. Purpose of Act; supplementary to other Acts.
Sec. 37. Definitions.
Sec. 38. Creation of fund; origin of moneys.
Sec. 39. Board of trustees--Creation; composition; terms of office; officers; proceedings; compensation.
Sec. 40. Same--Power and authority.
Sec. 41. Custodian of fund; vouchers.
Sec. 42. Individual accounts of firefighters.
Sec. 43. Rights and benefits generally of participants.
Sec. 44. Rights and benefits not subject to encumbrance.
Sec. 45. Responsibility of city.
Sec. 46. Duties of city attorney.
Sec. 47. Separability.
Sec. 48. Repeal of conflicting laws.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Article VIII. Police Officers' Relief and Pension Fund
49. Purpose of Act; supplementary to other acts.
50. Definitions.
51. Creation of fund; origin of moneys.
52. Board of trustees--Creation; composition; terms of office; officers; proceedings; compensation.
53. Same--Power and authority.
54. Same-Custody of fund.
55. Individual accounts of police officers.
56. Disposition of city's payment to fund.
57. Ratio of amounts credited to participant's account.
58. Rights and benefits of participants--Generally.
59. Same--Not subject to encumbrance.
60. Responsibility of city.
Sec. 61.
Sec. 62.
Sec. 63.
Sec. 64.
Sec. 65.
Sec. 66.
Sec. 67.
Sec. 68.
Sec. 69.
Sec. 70.
Sec. 71.
Sec. 72.
Sec. 73.
Sec. 74.
Sec. 75.
Sec. 76.
Sec. 77.
Sec. 78.
Sec. 79.
Sec. 80.
Sec. 81.
Sec. 82.
Sec. 83.
Sec. 84.
Sec. 85.
Sec. 86.
Article IX. Pension System for Disability and Retirement of Members of Police and Fire Departments
Creation of fund; merger of base and supplemental plans.
Definitions.
Source of moneys for fund; computation of liability; use and investment of fund.
Membership; transfer of accumulated total credit; severance of employment and reemployment.
Computation of creditable service; service record.
Service and disability benefits generally.
Cost-of-living adjustment.
Service-connected death benefits.
Nonservice-connected death benefits.
Return of contribution.
Cancellation of participation in other systems.
Contract between member and City.
Restoration of health of participant retired for permanent incapacity.
Disposition of pension where pensioner convicted of felony.
Dismissal from service.
Board of trustees.
Duration of retirement pension; contributions upon retirement.
Nonassignability of pension.
Deferred Retirement Option Plan (DROP).
Assets to be held in trust; rights of members on termination of System.
Examination into facts upon which any pension has been granted.
Military service.
Limitations on benefits.
Distribution limitation.
Distribution to retirement plan.
Special rules for members employed by the City on or after May 19, 1993.
ARTICLE I.
ZONING BOARDS AND COMMISSIONS*
* Editors Note: Sections 1--5 and 8--12 of Laws of Fla., 1923, ch. 9837, have been editorially deleted as any power in a
special act which has not been amended by referendum after July 1, 1973, and which is not an extraterritorial power, has been
converted to an ordinance by F.S. 166.021; and these sections were editorially deleted as unnecessary as home rule powers of a
municipality are derived from the constitution and F.S. ch. 166.
Sec. 1. Zoning commission.
In order to avail itself of the powers conferred by this Act, said city commission shall appoint a commission to be known as
the "Zoning Commission" to recommend the boundaries of the various original districts and appropriate regulations to be enforced
therein. Such commission shall make a preliminary report and hold public hearings thereon before submitting its official report; and
said city commission shall not hold its public hearings, or take action, until it has received the official report of such zoning
commission.
(Laws of Fla., 1923, ch. 9837, § 6; election of 11-1-77)
Sec. 2. Appointment, composition and duties of board of adjustment.
The existing board of adjustment, consisting of five members, be and the same is hereby abolished. A new board consisting
of seven members, and to be designated as the board of adjustment, is hereby created. Said new board of adjustment shall consist of
seven members as follows:
The city's planning and zoning director and public works director shall be ex officio members without the right of vote, and
whose presence shall not be counted for the determination of a quorum. The remaining five members shall consist of the following:
One member shall be appointed from one of the following professions or callings: Law, architecture, engineering,
real estate development, certified public accounting, financial consultation, and general business. The members representing
the professions of law, architecture, engineering and public accounting shall be duly licensed by the State of Florida; the
member representing general business shall be of responsible standing in the community, and each member shall be bound by
the requirements of the Conflict of Interest Ordinance of the city and shall be subject to removal from office for the violation
of the terms thereof. No member shall have any f'mancial or other interest in any matter coming before the board. Members
shall be appointed for a term of one year by a five-sevenths vote of the city commission. Members of the board of adjustment
must be either residents or have their principal place of business in Miami Beach; provided, however, that this amendment
shall not affect the term of existing members of the board of adjustment.
Such board of adjustment shall hear and decide appeals from, and review, any order, requirements, decision or determination
made by an administrative official charged with the enforcement of the Zoning Ordinance of the City of Miami Beach. Where there
are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of said Zoning Ordinance, the board of
adjustment shall have the power in passing upon appeals, to vary or modify any regulations or provisions of such ordinance relating to
the use, construction, or alteration of buildings or structures, or the use of land, so that the spirit of the Zoning Ordinance shall be
observed, public safety and welfare secured, and substantial justice done. In no case shall the board have any power to amend the
Zoning Ordinance with reference to the use of land, or jurisdiction over any request for variance which shall constitute an amendment
to the Zoning Ordinance as to the use of land. The board shall fix a reasonable time for the hearing of any matter before it and shall
give due notice thereof to the parties.
Upon the hearing, any person may appear in person or by agent or by attorney. The board may require that all testimony
given before it shall be under oath. Any order or decision of the board of adjustment shall require an affirmative four-fifths vote of the
board. The decision of the board of adjustment shall be final and there shall be no further review thereof except by resort to a court of
competent jurisdiction by petition for writ of certiorari.
All variance requests shall be first submitted to the city attorney for a determination whether the requested variance is
properly such, and does not constitute a change or amendment to the Zoning Ordinance. The jurisdiction of the board of adjustment
shall not attach unless and until the board has before it a written certificate of the city attorney that the subject matter of the request is
properly before the board. The separate written recommendations of the planning and zoning director and of the public works director
shall be before the board prior to its consideration of any matter before it.
(Laws of Fla., 1923, ch. 9837, § 7; election of 5-29-62; election of 11-5-68; election of 4-23-70; election of 3-8-77; election of 11-1-
77)
ARTICLE II.
PUBLIC LIBRARY*
* Editors Note: The public library is operated pursuant to an interlocal agreement which is on file in the city clerk's office.
Sec. 3. Authority to acquire, maintain and operate.
The City of Miami Beach, in Dade County, Florida, is hereby authorized and empowered to acquire, maintain and operate a
public library or libraries within the corporate limits of the City of Miami Beach; to provide by ordinance of its city commission for
the manner and method of such operation, administration and financing of such public library or libraries.
(Laws of Fla., 1949, ch. 26027, § 1; election of 11-1-83)
Sec. 4. Board of trustees.
Any ordinance passed and adopted hereunder by the said City of Miami Beach, or on its behalf by its city commission, shall
provide for a board of trustees for the management and administration of such public library or libraries, which board of trustees shall
consist of members who shall be appointed or removed by the city manager by and with the approval of the city commission, in a
manner and on such terms as may be established by the ordinance. Said board of trustees shall have the power to adopt bylaws, rules
or regulations for the conduct of its own meetings or business and for the regulation and control of the operation of such library or
libraries.
(Laws of Fla., 1949, ch. 26027, § 2; election of 11-1-83)
Sec. 5. Personnel subject to provisions of article IV hereof.
All personnel, except unclassified personnel, employed in the operation, maintenance and administration of said public
library or libraries shall be subject to the provisions of Laws of Florida, 1937, ch. 18696 entitled:
"An act creating a civil service system for certain officers and employees of the City of Miami Beach, Florida;
creating a department of personnel, defining its membership, powers and duties; designating the officers and employees who
are within the terms of said act; defining the certain terms of said act; providing for appointments, promotions, suspension,
reductions and removal of officers and employees; providing for the status of officers and employees holding positions when
this act takes effect; providing for referendum when said act shall take effect and other matters relating thereto."
(Laws of Fla., 1949, ch. 26027, § 3; election of 11-1-83)
Sec. 6. Repeal of conflicting laws.
All laws and parts of laws in conflict herewith are hereby repealed.
(Laws of Fla., 1949, ch. 26027, § 4; election of 11-1-83)
ARTICLE III.
MUNICIPAL PROJECTS*
* Editors Note: Sections 3--16 of Laws of Fla., 1941, ch. 21401, regarding the issuing and servicing of bonds for the projects
authorized in the areas within and beyond the city limits have been editorially deleted as any provision which has not been amended
by referendum after July 1, 1973, and which is not an extraterritorial power may be editorially deleted as unnecessary as home rule
powers of a municipality are derived from the constitution and F.S. ch. 166 and the authority and procedure for issuance of bonds is
contained in state law.
State Law References: Municipal borrowing authority, F.S. § 166.101 et seq.; bonds, F.S. §§ 130.01 et seq., 132.01 et seq.,
159.01 et seq., 163.385,215.43,215.431,215.84, 218.37--218.385; bond validation, F.S. ch. 75; maximum rate of interest, F.S. §
215.84.
Sec. 7. Enumeration of projects; definitions.
For the purpose of this Act the term "municipal project" shall cover only any one or more or any combination of the
following: abattoirs, airports, auditoriums, bridges, tunnels, buildings, hospitals, viaducts, city and town halls, community houses,
sanitaria, dispensaries, jails, ice plants, pre-cooling and cold-storage plants, warehouses, waterworks systems, including new water
lines, dredging and deepening harbors and channels, jetties, breakwaters, public landings, wharves, docks, and other improvements for
harbors and shipping facilities, markets, memorials, automobile parking lots, parks, including recreational facilities, playgrounds,
recreation centers, bathing beaches with necessary improvements, structures, buildings, piers, public buildings and plazas, reservoirs,
schools, sewers, sewage or drainage systems and sewage disposal or treatment plants, stadiums, streets, roads, avenues, alleys and
highways, sidewalks and curbs, gutters and stormwater sewers or drains, harbor and port facilities, toll bridges or causeways,
swimming pools, as defined in this section; and all property, real and personal, appurtenant thereto or connected with such work,
undertaking or project, and the existing work, undertaking or project, if any, to which such work, undertaking or project is an
extension, addition, betterment or improvement.
(a)
The term "to construct" shall mean to build, to construct, to reconstruct, to erect, to replace, to extend, to repair, to
better, to equip, to develop, to embellish, to improve, to acquire by gift, purchase or the exercise of the right of
eminent domain, or any one or more or all of the foregoing.
(b) The term "construction" shall mean building, construction, reconstruction, erection, replacement, extension,
repairing, betterment, equipment, development, embellishment, improvements, acquisition, by gift, purchase, or the
exercise of the right of eminent domain, or any one or more or all of the foregoing.
(Laws of Fla., 1941, ch. 21401, § 1)
Sec. 8. Powers generally of city.
The City of Miami Beach shall have power and is hereby authorized:
(a)
To construct any municipal project, as defined in section 1 [§ 7] hereof, within or without the municipality, or
partially within and partially without the municipality.
(b)
To operate and maintain any municipal project for public and private users and consumers within and without the
municipality.
(c)
To issue bonds as provided in this Act to finance such construction, and to provide for the rights of the holders of the
bonds and to secure the bonds all as hereinafter provided.
(d)
To enter into a trust agreement with any bank or trust company within or outside the state, in connection with the
construction of a project and in order to secure bonds payable exclusively from revenues which are issued in
connection therewith.
(e)
To fix, levy and collect fees, rents, tolls, or other charges for the use of or in connection with any municipal project,
and in the event any trust agreement with holders of bonds shall be made as hereinafter provided, to fix, levy and
collect such fees, rents, tolls and other charges in accordance with such agreements and subject thereto.
(f)
To acquire by purchase, gift or the exercise of the right of eminent domain and to hold and dispose of any property,
real or personal, tangible or intangible, or any right or interest in any such property, in connection with any
municipal project, whether or not subject to mortgages, liens, charges or other encumbrances, and to construct any
municipal project subject thereto, and whether within or without the municipality, or partially within and partially
without the municipality.
(g)
To enter on any lands, waters and premises for the purpose of making surveys, soundings and examinations in or for
the furtherance of any municipal project.
(h) To perform any acts authorized under this law through or by means of its own officers, agents, and employees, or by
contracts with private corporations, firms or individuals.
(i)
To award any contract for the construction of any municipal project or any part thereof upon any day at least fifteen
days after one publication of a notice requesting bids upon such contract in a newspaper of general circulation in the
municipality.
(j) To do all acts and things necessary or convenient to carry out the powers expressly given in this law.
(Laws of Fla., 1941, ch. 21401, § 2)
ARTICLE IV.
CIVIL SERVICE SYSTEM
Sec. 9. Certain officers and employees constituted civil service employees.
Certain officers and employees of the City of Miami Beach, Florida, shall, after the passage and final approval of this Act and
its adoption by referendum as hereinafter provided be and are hereby constituted civil service employees of said city and shall be
employed, retained, governed, directed and discharged as hereinafter provided.
(Laws of Fla., 1937, ch. 18696, § 1; Ord. No. 93-2868, § 1, 9-22-93)
Sec. 10. Human Resources Department.
There is established a Human Resources Department which shall:
A,
Establish and maintain in suitable form a complete roster of the officers and employees in the classified service of
the city showing the title of the officer, the position held, salary or wages paid and every change in title, pay or
status of each such officer or employee.
Bo
Certify to the chief finance officer of the city before payments of salary or wages are made that the names of persons
holding positions in the classified service to whom it is proposed to make payments for personal services were
during the period for which payment is proposed to be made on the roster of officers, and employees, that such
person [persons] were appointed and employed and were performing services in accordance with the provisions of
this Act and the rules and regulations established thereunder, and that the rate of pay proposed has been established
in accordance with the provisions of this Act.
Co
Ascertain and keep written records of the duties, responsibilities and authority appertaining to each office and
position in the classified service of the city.
Do
Prepare and recommend to the personnel board of [the] classification plan and amendments thereto for the entire
classified service of the city, and after adoption by the personnel board, administer the classification plan approved.
The classification plan recommended to the personnel board shall include titles for the various classes of positions.
Each class shall include all positions in the classified service of the city which are sufficiently similar with respect to
duties, responsibilities and authority, so that the same descriptive title may be used to designate each position
allocated to the class, that the same requirements as to education, experience, intelligence, general and specialized
knowledge, skill, physical condition and other qualifications may be demanded of incumbents for the proper
performance of their duties, and that the same tests of fitness may be used in choosing qualified appointees, and that
the same schedule of pay may be made to apply with equity under the working conditions.
After adoption of the classification plan the Director of Human Resources shall adopt written specifications
for each class, and allocate positions to classes; provided that after August 1, 1951, all class specifications or
amendments thereto, and all allocations or reallocations of positions to classes shall be subject only to the approval
of the personnel board. The class title shall be used in Human Resources, budget, and financial records and
communication, and, if individual positions are designated in the appropriation ordinances, in designating such
positions.
The Director of Human Resources, if directed by the personnel board so to do, shall maintain the
classification plan by allocating new positions to existing classification or by creating new classifications, or by so
reallocating existing positions in which there are substantial changes in duties and responsibilities. Notwithstanding
the provisions of section 8 [ 16], the Director of Human Resources, if directed by the personnel board so to do, shall
make class transfers of incumbents in positions so reallocated under rules which shall be part of the personnel rules,
and which shall provide that the compensation of no employee so transferred shall be reduced thereby. Reallocations
of positions to higher classes shall be subject to the approval by the city manager.
m.
Prepare at least sixty days before the beginning of each fiscal year, for presentation to the City Commission, a pay
plan including proposed schedule of pay for each class of positions in the classified service with minimum and
maximum rates, and following the adoption of the appropriation ordinances by the City Commission, see that
payments to officers and employees holding positions in the classified service are made in accordance therewith.
Fo
Establish reemployment lists for the various classes of positions in the classified service containing the names of
persons who have previously been in the classified service of the city whose performance, work habits, and conduct
have been satisfactory, and who are entitled to appointment or employment when vacant positions are to be filled,
over those on employment lists.
Go
Give preliminary competitive tests to determine as far as possible the relative qualifications of those considered for
promotion to higher positions or for entrance to the city classified service, and establish employment lists of persons
eligible for appointment in the order of their achievement or performance in such tests. Such tests shall be mental or
physical or both and shall be appropriate to the positions to which they apply. Upon recommendation by the
personnel board, tests may be noncompetitive for positions which require peculiar and exceptional qualifications of
a scientific, managerial, professional or educational character, or in case the character of work or the conditions of
employment or compensation make it impracticable to secure through competitive tests a sufficient number of
qualified eligibles to meet the needs of the service.
H,
Upon written notice of the appointing authority that a position in the classified service is to be filled, certify the
names of at least the three persons highest on the reemployment or employment list for the class and willing to
accept appointment; provided that no name shall be certified from an employment list as long as there is a
reemployment list available from which appointment may be made, [and] the Director of Human Resources may
authorize a provisional appointment to a permanent position to continue until a list can be established and
certification made. Provided, however, that on original appointment, a person whose name appears on an open
competitive eligible list and who is certified and passed over three times, may be removed from the eligible list by
the Director of Human Resources with approval of the city manager.
Establish for each class working test periods of not less than six months nor more than twelve months to enable the
appointing officer to observe whether new officers and/or employees are able and willing to perform their duties in a
satisfactory manner.
Establish by rule the procedure by which any officer or employee in the classified service may be transferred from a
position in one class to another position in the same class or to a position in a different class for which he is qualified
and for which no higher maximum rate of pay has been established.
K,
Provide by rule, to be approved by the personnel board, for the manner of checking attendance and for determining
the order of layoff when forces are reduced because of lack of work or funds.
Lo
Mo
m.
Establish by rule, a system of service ratings based on records of attendance, performance, conduct and output of
each officer or employee in the classified service and designed as far as may be possible to reflect his worth to the
city.
Establish by rule procedure in conformity with section 9 [ 17] of this Act for making suspensions, reductions, or
removals of officers or employees in the classified service for misconduct, inefficiency and other good reasons, and
for investigating and hearing the appeals of such suspended, reduced or removed officers or employees.
At the request of the city manager or the City Commission, or upon the initiative of the personnel board, investigate
and report upon the administration and effect of the personnel provisions of this Act and of the rules and regulations
adopted thereunder, and any other matter affecting the operation of the civil service system and the personnel in the
classified service of the city.
O.
Do any other act or acts required under this Act necessary to effect its purposes with respect to persons in the
classified service of the city.
It is hereby declared to be the purposes of this Act to authorize and provide a complete, adequate and systematic procedure
for handling the personnel matters of the city.
(Laws of Fla., 1937, ch. 18696, § 2; Laws of Fla., 1951, ch. 27735, § 1; election of 11-8-66; election of 11-18-69; election of 11-6-90;
Ord. No. 93-2868, § 1, 9-22-93)
Sec. 11. Director of Human Resources.
The Director of Human Resources shall be the secretary to the personnel board, and shall perform the functions prescribed in
section 2 [10] of this Act, except as otherwise specifically provided in section 4 [12] hereof. The Director of Human Resources shall
occupy a full-time position and be the head of the Human Resources department. He shall hold office until the next ensuing city
election, and until his successor is duly appointed and qualified. Until August 1,1951, the Director of Human Resources shall be
elected by the City Commission and serve at their pleasure, but thereafter the Director of Human Resources shall be appointed by the
city manager by and with the consent of the personnel board. If the appointee of the city manager shall be confirmed by the personnel
board, he shall then qualify as such Director of Human Resources and enter upon the discharge of his duties. In the event that such
appointment is rejected by the personnel board, the city manager shall be notified of such rejection by the personnel board within
forty-eight hours, and thereafter the city manager shall be authorized and empowered to certify another appointee to the personnel
board within five days thereafter. If the personnel board rejects such subsequent appointment, or in the event the city manager shall
fail or refuse to appoint the Director of Human Resources, as aforesaid, then the personnel board shall proceed to elect such Director
of Human Resources.
The personnel board shall have the rights, by resolution adopted by the favorable vote of at least four voting members, to
remove the Director of Human Resources.
(Laws of Fla., 1937, ch. 18696, § 3; Laws of Fla., 1951, ch. 27735, § 2; Ord. No. 93-2868, § 1, 9-22-93)
Sec. 12. Personnel board.
Until August 1, 1955, the personnel board shall consist of nine members, being five voting members and four nonvoting
members. The five voting members shall be citizens of Miami Beach not in the employ of the city, each having a different vocation,
the term "vocation" as used herein meaning the principal means of livelihood of the member. They shall be appointed by the votes of
five-sevenths of the City Commission and shall serve for a term of five years. The four nonvoting members of the personnel board
shall consist of the Director of Human Resources and three regular employees of the City of Miami Beach to be elected by the
probationary and regular employees of the city. One such nonvoting member shall be elected from the employees of regular status in
each of the following groups by the employees of probationary and regular status in the respective groups. Group 1 shall consist of the
employees of the police department, fire department and beach patrol department. Group 2 shall consist of employees who are in
clerical and executive positions; Group 3 shall consist of all other employees. At the first election held by the employees at as early a
date as is practicable after June 1, 1951, the three nonvoting employee members shall be elected for terms commencing August 1,
1951. The term of the member representing Group 1 shall be for three years, the term of the member representing Group 2 shall be for
two years, and the term of the member representing Group 3 shall be for one year. Thereafter an election shall be conducted for the
group in which a term expires, and the term of such member so elected shall be for three years. The city clerk shall conduct and
supervise the election of the nonvoting members of the personnel board.
From and after August 1, 1955 the personnel board shall consist often members, of whom six shall be citizens of Miami
Beach not in the employ of the city, each having a different vocation, the term "vocation" as used herein meaning the principal means
of livelihood of the member. At least one citizen must work in the field of human resources. They shall be appointed by the votes of
five-sevenths of the City Commission and shall be voting members. The five voting members who are in office on August 1, 1955
shall continue in office as voting members until August 1 st of the last calendar year in the term for which such member was appointed,
and until his successor is appointed. The vacancy caused by the increase in membership on August 1, 1955 shall be filled by an
appointment for a term of two years commencing August 1, 1955. Thereafter, at the expiration of the terms of such members, the
vacancy so caused shall be filled by appointment for a term of five years commencing August 1 st of the year in which the vacancy as
a result of such expiration of term occurs. The other four members of the personnel board shall be the Director of Human Resources,
who shall not be a voting member of the board, and three regular employees of the City of Miami Beach, to be elected by the
probationary and regular employees of the city in the same manner and from the same group as was in effect immediately prior to
August 1, 1955. The employee members of the personnel board who are in office on August 1, 1955 and whose terms have not
expired shall continue in office as employee members for their respective unexpired terms. An election shall be conducted for the
employee group in which a term expires, and the term of such member so elected shall be for three years. The three employee
members shall be entitled to a total of one vote, voting as an employee member unit, in the determination of all matters before the
personnel board. A majority of the employee members present shall control the one unit vote of the employee membership; if only two
employee members are present and cannot agree, then the unit vote of the employee membership shall be a nullity; if only one
employee member is present, then he shall be entitled to case [cast] the one unit vote of the employee membership.
Any nonemployee member of the personnel board, except the Director of Human Resources, may be removed by the City
Commission if at least five-sevenths of the members of the City Commission vote for such removal. Vacancies occurring in the
membership of the personnel board shall be filled within thirty days in the same manner in which the vacant membership was
originally selected. The member so selected shall serve for the unexpired term of his predecessor on the board. Any employee member
of the personnel board may be removed if at least twenty-five percent of the total employee members of his group shall sign a petition
for an election to determine whether or not such employee member should be removed and the petition is presented to the city clerk,
who shall thereupon conduct and supervise such election, and a majority of the members of the group voting at such election shall
vote to remove such employee member.
The personnel board shall select its own chairman and vice-chairman from its nonemployee voting members. There shall be
regular meetings of the board held once a month, and such additional special meetings as may be required. Special meetings may be
called by the chairman, and upon demand by any three or more board members, but only after reasonable notice has been given to all
members and the city manager. At least three nonemployee voting members and at least one employee member shall constitute a
quorum, but an affirmative vote of not less than three members shall be required for determination of all matters before it, except that
in cases of adjournment or recess only a majority vote of those members present shall be required. All regular and special meetings of
the board shall be open to the public, but this shall not be construed to prevent private conferences at which no formal action is taken.
The personnel board shall:
(A) Have authority to require performance of all personnel procedure and operations specified or contemplated by this
Act or the personnel rules. The board shall approve the budget request for the Department of Human Resources.
(B)
Approve or disapprove or amend, in accordance with section 6 [14] of this Act, the personnel rules and amendments
thereto.
(c)
Approve or disapprove or amend the classification plan, class specification and requirements to be met by applicants
for competitive examinations as provided in section 2 D [10 D.] of this Act.
(D)
Hear appeals in case any officer or employee in the classified service is suspended, reduced or removed in
accordance with the procedure in section 9 [17] of this Act and the rules made thereunder.
(E) Hear appeals, make investigations and review administrative interpretations of the personnel rules, and direct
administrative action consistent with its findings.
(Laws of Fla., 1937, ch. 18696, § 4; Laws of Fla., 1951, ch. 27735, § 3; Laws of Fla., 1955, ch. 30987, § 1; Ord. No. 93-2868, § 1, 9-
22-93; Ord. No. 97-3086, § 4, 7-2-97)
Editors Note: The provisions regarding the personnel board are contained in Code section 78-1. The provisions in Code
section 78-1 which are not required to be amended by referendum are controlling in regard to the personnel board. Those provisions
which are required by F.S. § 166.021 to be amended by referendum are identical in this section and Code section 78-1.
Sec. 13. Application of these provisions to various positions and persons.
Personnel provisions of this Act shall apply to all positions and persons in the service of the city except:
A. All elective officers of the city.
B. City manager and, if any, assistant city manager, executive assistant city manager and management analyst.
C. Directors and division heads of departments of [or] divisions created by law or ordinance.
D. Members of boards, commissions or committees.
E. [Editorially deleted.]
F. Employees in the legal department of the city.
G. All secretarial and administrative employees in the city manager's office and in the office of the mayor.
H. The chief assistants to each department head, when such assistants are of division head status.
Those positions which require peculiar and exceptional qualifications of a scientific, managerial, professional or
educational character, which positions do not fall within any existing qualification and the duties of which do not
fall within the scope of the specifications set up for any existing classification, where such positions are created and
filled by ordinance or resolution duly enacted by the City Commission, shall be in the unclassified service of the
city.
Positions listed in this section under subheads A, B, C, D, E, F, G, H and I shall constitute the unclassified service. All other
positions in the service of the city shall constitute the classified service.
(Laws of Fla., 1937, ch. 18696, § 5; Laws of Fla., 1951, ch. 27735, § 4; election of 11-8-66; Ord. No. 93-2868, § 1, 9-22-93)
Editors Note: The reference to municipal court and municipal judge in this section has been editorially deleted as municipal
courts were abolished by Fla. Const., art. V, § 20(d)(4).
Sec. 14. Personnel rules.
The Director of Human Resources shall as soon as practicable and in any case within three months after this Act takes effect
prepare the personnel rules required by this Act and recommend their adoption by the personnel board, and as soon as practicable after
such recommendation, the personnel board shall approve, amend or disapprove such personnel rules. Amendments to the personnel
rules may be made from time to time in the manner above specified. Copies of the personnel rules and of the amendments thereto shall
be transmitted by the Director of Human Resources to the City Commission for approval or disapproval. After approval these rules
shall become effective from the date or dates specified therein; provided, however, that from and after August 1, 1951, the personnel
rules and amendments thereto shall not be subject to approval by [the] City Commission. No amendments thereto shall be adopted
until thirty days after a copy of such amendment shall have been submitted to the city manager and to a representative of each of the
three groups referred to in section 4 [12], such representative to be designated by each of such groups and the name and address of
such representative certified to the personnel board.
(Laws of Fla., 1937, ch. 18696, § 6; Laws of Fla., 1951, ch. 27735, § 5; Ord. No. 93-2868, § 1, 9-22-93)
Sec. 15. Limitations on appointments.
No person, except temporary employees in connection with construction projects carried on by the city, shall be appointed in
the classified service of the city except after certification by the Human Resources Department, or except upon authorization by the
Human Resources Department of a provisional appointment which shall not continue for more than thirty days without approval of the
personnel board, provided that, in connection with hurricanes or other similar catastrophic event, emergency appointments for periods
not exceeding thirty days may be made without such certification or authorization. No person shall be appointed to, or employed in, a
position in the classified service under any title not appropriate to the duties to be performed.
(Laws of Fla., 1937, ch. 18696, § 7; Laws of Fla., 1951, ch. 27735, § 6; Ord. No. 93-2868, § 1, 9-22-93)
Sec. 16. Promotions.
Vacancies in higher positions in the classified service of the city shall, as far as is practicable, be filled by promotion from
lower classes following competitive tests; provided, that in case there is an inadequate number of civil service employees eligible in
lower classes, the personnel board may direct that promotions to higher positions be made as the result of competitive tests open not
only to civil service employees serving in lower classes, but also to persons not in the service of the city. A change from a position in
any class to a position in another class for which a higher maximum rate of pay is prescribed shall be considered a promotion. The
Director of Human Resources shall, to the extent he considers such action desirable, indicate the principal or normal lines of
promotion to and from each class in the class specifications or in regulations.
(Laws of Fla., 1937, ch. 18696, § 8; Laws of Fla., 1951, ch. 27735, § 7; Ord. No. 93-2868, § 1, 9-22-93)
Sec. 17. Suspensions, reductions and removals.
Any officer or employee in the classified service of the city who is serving under provisional, temporary or emergency
appointment may be suspended, reduced in pay or class, or removed at any time by the officer having power to appoint a successor. A
copy of the notice of such suspension, reduction or removal shall be transmitted to the Human Resources Department.
Any officer or employee in the classified service of the city who has been appointed following certification for a
reemployment or employment list, may be suspended, reduced in pay or class, or removed for reasonable cause at any time during the
working test period by the officer having power to appoint a successor, by giving him written notice of such suspension, reduction or
removal together with a statement of the reasons therefor. A copy of such statement shall be transmitted to the personnel board.
Any officer or employee in the classified service of the city, who has completed the working test period may be suspended,
reduced in pay or class, or removed by the officer having power to appoint a successor, in the manner prescribed in this section as
supplemented by the personnel rules. A written notice of the suspension, reduction or removal, stating the reasons therefor, and when
it is effective, shall be given to such officer or employee, or mailed to his usual place of residence. Such officer or employee, within
ten days after the delivery or mailing to him of such written notice, may appeal in writing to the personnel board for a hearing. The
personnel board, not later than ten days after receipt of such appeal, shall fix a place and a time for holding a public hearing within a
reasonable time thereafter, at which hearing the officer or employee suspended, reduced or removed shall have the right to appear and
be heard in person, or by counsel. The personnel board may, at the request of the officer ordering the suspension, reduction or
removal, or of the officer or employee whose suspension, reduction or removal has been ordered, call or subpoena any person or
records for the purpose of ascertaining the facts. The hearing shall be informal and designed solely for the purpose of determining the
troth or untruth of the charges. Within five working days after the completion of the public hearing, the personnel board shall report its
finding in writing. A copy of the written statement given the officer or employee, a copy of any written reply thereto, and a copy of the
finding of the personnel board shall be filed as a public record in the office of the Human Resources Department. When an appeal
from disciplinary action finally results in a reversal or setting aside of such disciplinary action by the personnel board, or by a
competent court, then the employee shall be entitled to recover all wages and emoluments lost by reason of such disciplinary action,
and to recover his court costs and reasonable attorney's fees as determined by the personnel board in the event that the final
determination of the issue has been made by said personnel board or determined by the court, if final determination is as a result of
court action.
The personnel board, through its chairman, may, at the request of an officer ordering the suspension, reduction, or removal of
an officer or employee, or at the request of the officer or employee whose suspension, reduction or removal has been ordered, have
issued by the judge, through the court, a subpoena requiring the attendance of any person or the production of any records before the
personnel board at any hearing or appeal conducted by such board for the purpose of ascertaining the facts, and further providing that
failure to obey such subpoena shall be punishable as for contempt of said court.
(Laws of Fla., 1937, ch. 18696, § 9; Laws of Fla., 1951, ch. 27735, § 8; election of 11-18-69; election of 11-7-72; Ord. No. 93-2868, §
1, 9-22-93)
Editors Note: The reference to municipal court and municipal judge in this section has been editorially deleted as municipal
courts were abolished by Fla. Const., art. V, § 20(d)(4).
Sec. 18. Status of officers and employees holding positions when this Act takes effect.
Any person holding an office or position in the classified service of the city when this Act takes effect who shall have served
in such position for a period of at least six months immediately preceding, shall be retained without preliminary or working tests and
shall thereafter be subject in all respects to the provisions of this Act. Other persons in the city service at the time this Act takes effect
shall be regarded as holding their positions under probationary appointments; provided, however, that after the effective date of this
Act, if and when the City of Miami Beach shall, by appropriate action of its City Commission, acquire or assume as a municipal
function the operation, administration or management of any then existing private or quasi-public business or activity, by the terms of
which acquisition or assumption the employees or personnel of such then existing business or activity become employees or personnel
of the City of Miami Beach, such employees or personnel shall be deemed to have received probationary appointments, effective as of
the date such municipal operation begins, to the classifications which embrace their respective positions.
(Laws of Fla., 1937, ch. 18696, § 10; Laws of Fla., 1949, ch. 26028, § 1; election of 11-18-69; Ord. No. 93-2868, § 1, 9-22-93)
Sec. 19. Certification of payrolls.
No public disbursing officer shall pay any salary, wages or other compensation for personal services to any persons holding
positions in the classified service of the city unless the payroll or account shall bear the certificate of the Director of Human Resources
or his deputy appointed by the City Commission that such persons were appointed or employed and were performing service in
accordance with the provisions of this Act and the rules and regulations established thereunder.
(Laws of Fla., 1937, ch. 18696, § 11; Ord. No. 93-2868, § 1, 9-22-93)
Sec. 20. Oaths.
For the purpose of the administration of the personnel provisions of this Act, any member of the personnel board shall have
the power to administer oaths.
(Laws of Fla., 1937, ch. 18696, § 12; Ord. No. 93-2868, § 1, 9-22-93)
Sec. 21. Information and access to premises and records.
Every officer or employee in the service of the city shall furnish the Director of Human Resources any information required
by him in the administration of the personnel provisions of this Act and the rules and regulations made thereunder and shall allow
members of the personnel board and members of the staff of the Human Resources Department reasonable access to premises,
buildings and records under his charge and direction.
(Laws of Fla., 1937, ch. 18696, § 13; Ord. No. 93-2868, § 1, 9-22-93)
Sec. 22. Positions abolished, discontinued or vacated.
An employee in a position in the classified service that is to be abolished, discontinued or vacated because of change in
departmental organization or through stoppage or lack of work shall be laid off and his name placed, in the order provided in the rules
of the personnel board, on the eligible list for the class of the position from which he was laid off.
(Laws of Fla., 1937, ch. 18696, § 14; Ord. No. 93-2868, § 1, 9-22-93)
See. 23. Prohibitions.
No person in the classified service of the city or seeking admission thereto shall be appointed, promoted, reduced, removed,
or in any way favored or discriminated against because of his political or religious opinions or affiliations. No person shall willfully or
corruptly make any false statement, certificate, mark, rating or report in regard to any test, certification, or appointment held or made
under the personnel provisions of this Act or in any manner commit or attempt to commit any fraud preventing the impartial execution
of such personnel provisions or of the rules and regulations made thereunder. No officer or employee in the classified service of the
city shall continue in such position after becoming a candidate for nomination or election to any public office. No person seeking
appointment to or promotion in the classified service of the city shall either directly or indirectly give, render, or pay any money,
service or other valuable thing to any person for or on account of or in connection with his test, appointment, proposed appointment,
promotion or proposed promotion. No person shall orally, by letter or otherwise solicit or be in any manner concerned in soliciting any
assessment, subscription or contribution for any political party or political purpose whatever from any person holding a position in the
classified service of the city. In other than City of Miami Beach municipal elections and Metropolitan Dade County elections, persons
holding a position in the classified service of the city may take part in the management, affairs, or political campaign of any political
party or person further than in the exercise of his right as a citizen to express his opinion and to cast his vote.
Any person who himself or with others willfully or corruptly violates any of the provisions of this section shall be guilty of a
misdemeanor and shall upon conviction thereof be punished by a fine of not less than five dollars nor more than five hundred dollars,
or by imprisonment for a term not exceeding three months, or by both such fine and imprisonment. Any person who is convicted
under this section shall for a period of five years be ineligible for appointment to or employment in a position in the city service, and
shall, if he be an officer or employee of the city, immediately forfeit the office or position he holds.
(Laws of Fla., 1937, ch. 18696, § 15; election of 11-18-69; Ord. No. 93-2868, § 1, 9-22-93)
Sec. 24. Election on acceptance of Act.
This Act shall not become effective until a majority of the qualified voters of the City of Miami Beach, Florida, voting on the
same at a special or general election called for such purpose, shall vote in favor thereof. Said election shall be held and conducted in
substantial conformity as to the manner of holding and conducting other elections in said city, so far as the same is applicable. The
form of ballot to be used at such election shall be fixed by the City Commission of the City of Miami Beach, Florida, and the caption
of this Act shall be a sufficient statement on said ballot of the purpose for which said ballot is cast.
(Laws of Fla., 1937, ch. 18696, § 16; Ord. No. 93-2868, § 1, 9-22-93)
Sec. 25. Construction of Act; separability.
This Act shall be liberally construed and if any clause or section herein shall for any reason be held invalid, the same shall be
eliminated and the remaining portions herein shall be and remain in full force and effect as if such invalid clause, provision or section
had not been incorporated herein.
(Laws of Fla., 1937, ch. 18696, § 17; Ord. No. 93-2868, § 1, 9-22-93)
Sec. 26. Repeal of conflicting laws.
All laws and pans of laws in conflict herewith are hereby repealed.
(Laws of Fla., 1937, ch. 18696, § 18; Ord. No. 93-2868, § 1, 9-22-93)
ARTICLE V.
HEALTH PLAN FOR CITY OFFICERS AND EMPLOYEES*
* Editors Note: Section 2 of Laws of Fla., 1943, ch. 22399, as amended by Laws of Fla., 1951, ch. 27730, § 2, regarding
investment of funds of the plan has been editorially deleted as superseded by F.S. § 218.40 et seq.
Sec. 27. Authority to establish; cost; membership.
The city commission of the City of Miami Beach, Florida, is hereby empowered to establish by ordinance a health plan for
officers and employees of said city, which plan may include the spouse and minor children of said officers and employees. Provisions
governing health plan contribution, membership withdrawal/reinstatement shall be established by ordinance.
(Laws of Fla., 1943, ch. 22399, § 1; Laws of Fla., 1951, ch. 27730, § 1; election of 11-18-69; Ord. No. 82-2309, § 3; Ord. No. 85-
2496, § 2; Res. No. 2001-24546, 7-25-01)
Sec. 28. Administration of plan.
Any health plan established under this Act shall be administered by the city manager or his designee(s). Said city manager or
his designee(s) shall have full power and authority to effect the purposes of this Act by entering into contractual obligations with
insurance carriers, cooperative health groups, or by establishing a self-administered plan, or by a combination of contractual and self-
administered services; and shall have authority to establish rates of cost based on actuarial analyses, subject to the approval of the city
commission.
(Laws of Fla., 1943, ch. 22399, § 3; Laws of Fla., 1951, ch. 27730, § 3; election of 11-7-89)
ARTICLE VI.
PENSION AND RETIREMENT SYSTEM FOR OFFICERS AND EMPLOYEES GENERALLY*
* Editors Note: Several of the provisions in this article have been changed by collective bargaining agreements, and the City
of Miami Beach pension department should be contacted for the most recent provisions.
Sec. 29. Authority to establish; cost; additional benefits; actuarial evaluations; effect of separation from service; funds, etc.,
not subject to legal process.
The city commission of the City of Miami Beach shall have authority to establish by ordinance a pension and retirement
system for any or all groups of employees in the service of said city, and to further provide that all lifeguards be permitted to retire
upon attaining the age of fifty years and upon completion of twenty years of creditable service. Any system so established may
provide for disability and death benefits. Any such pension and retirement system shall be established on a jointly contributory basis,
with employee contributions determined by ordinance and the city's contributions based on actuarially determined needs for adequate
funding of the system. The cost of the system shall be determined actuarially on the basis of such mortality and service tables as the
pension board shall approve and shall be calculated and contributed as a uniform percentage of the payroll of members. The
provisions of the ordinances establishing such a pension and retirement system shall require periodic actuarial evaluations which shall
serve as a basis of any changes in the mortality and other experience tables and shall also provide for the maintenance at all times of
adequate reserves. Any system established under this Act shall provide that any employee permanently separating from the service of
the city for any reason shall receive from the funds of the system a sum at least equal to his contribution. No funds, credits, pensions,
rights or benefits herein provided for shall be assignable or subject to attachment, garnishment, execution or other legal process.
(a)
The system established under this section shall provide that the retirement benefits payable under the general
employees pension system shall be not less than seventy-five percent of final earnings on service-connected
disability, nor less than thirty-five percent of final average earnings on non-service-connected disability.
(b) [Editorially deleted.]
(Laws of Fla., 1937, ch. 18691, § 1; Laws of Fla., 1949, ch. 26035, § 1; Laws of Fla., 1951, ch. 27732, § 1; Laws of Fla., 1955, ch.
30984, § 1; election of 6-6-67; election of 11-5-68; election of 4-23-70; election of 11-7-89)
Editors Note: The references to requirement to join the civil service system and the service retirement allowance were
editorially deleted as superseded by collective bargaining agreements.
Sec. 30. Managerial retirement plan.
(a) A managerial retirement plan may be established by ordinance, which shall supplement any other pension plan of
the City of Miami Beach insofar as those covered under said ordinance are concerned, and nothing herein shall be constructed to in
any way affect the operation or benefits of any other pension plan of the City of Miami Beach, Florida.
(b) The other sections of this article shall not be applicable to the managerial retirement plan referred to herein.
(Ord. No. 86-2527, § I; election of 11-7-89)
Sec. 31. Investment of moneys.
All moneys paid into any pension or retirement system created by this Act, except such moneys as are necessary to meet
current operating or pension and retirement payments, shall be invested in the following:
Bonds, notes, securities or other evidences of indebtedness which are the direct obligation of the government of the
United States and for which the full faith and credit of the government is pledged.
Loans, insured or guaranteed as to principal and interest by the government of the United States or by any agency or
instrumentality thereof, to the extent of such insurance or guaranty.
Bonds, notes and other securities of any state, county or incorporated city in any state of the United States or the
District of Columbia, which are the direct obligation of such state, county or city and for payment of which said
governmental body has the lawful authority to levy taxes or make assessments.
Bonds, notes or other evidences of indebtedness which are payable from revenues of any structure or improvement
owned by any state, county or incorporated city within the United States.
Dividend paying stocks, common or preferred, of any corporation created and existing under the laws of the United
States or of any state, provided that the amount so invested shall at no time exceed fifty percent of the total funds invested.
Stocks, common or preferred of any corporation not created and existing under the laws of the United States, or of any state,
shall at no time exceed five percent of the total equities. No more than twenty percent of the total equity portfolio may be
invested in non-dividend-paying stocks, which are subject to the guidelines set by ordinance.
Bonds, notes or other interest-bearing obligations of any solvent corporation organized under the laws of the United
States, or any state, territory or possession of the United States.
Shares or savings accounts of federal savings and loan associations, to the extent that they are insured by an agency
or an instrumentality of the government of the United States.
The city commission is authorized, by ordinance, to increase the pension benefits to members of the city pension fund for
employees of the City of Miami Beach.
(Laws of Fla., 1937, ch. 18691, § 2; election of 6-1-65; election of 5-24-66; election of 6-6-67; election of 11-7-89)
Sec. 32. Pension board.
Any pension and retirement system established under this section [article] shall be administered by a pension board of nine
members, four of whom shall be appointed by the city manager, and three members of the system who shall be elected by employees
who are members of the pension system, and two retirees who shall be elected by the retired members of the system. Such election
shall be held under such rules as the board shall prescribe.
(Laws of Fla., 1937, ch. 18691, § 3; election of 11-7-89)
Sec. 33. Ordinance elections.
No ordinance enacted under the provisions of this section [article] which makes mandatory any contributions, other than
contributions by the City of Miami Beach for the purpose of paying interest on contributions made by employees, shall become
effective until a majority of the qualified voters of the City of Miami Beach voting on the same at a special or general election called
for such purpose shall vote in favor thereof. Said election shall be held and conducted in substantial conformity with the manner of
holding and conducting other elections in the city. The form of ballot to be used at said election shall be fixed by the city commission
of the City of Miami Beach, Florida.
(Laws of Fla., 1937, ch. 18691, § 4; Laws of Fla., 1955, ch. 30988, § 1; election of 11-7-89)
See. 34. Construction of Act; separability.
This section [article] and the ordinance herein provided for shall be liberally construed and if any clause and section hereof or
thereof shall for any reason be held invalid, the same shall be eliminated and the remaining portions hereof and thereof shall be and
remain in full force and effect as if such invalid clause, provision or section had not been incorporated herein or therein.
(Laws of Fla., 1937, ch. 18691, § 5; election of 11-7-89)
See. 35. Repeal of conflicting laws.
All laws and parts of laws in conflict herewith are hereby repealed.
(Laws of Fla., 1937, ch. 18691, § 6; election of 11-7-89)
ARTICLE VII.
FIREFIGHTERS' RELIEF AND PENSION FUND*
* Editors Note: Several of the provisions in this article have been changed by collective bargaining agreements, and the City
of Miami Beach pension department should be contacted for the most recent provisions.
State Law References: Firefighter's pension trust fund, F.S. ch. 175.
Sec. 36. Purpose of Act; supplementary to other Acts.
The purpose of this Act is to implement the provisions of chapter 19112, Acts of Florida, 1939, and to provide means
whereby firemen [firefighters] of the City of Miami Beach, Florida, may receive benefits from the funds provided for that purpose by
Chapter 19112, Acts of Florida, 1939. This Act shall be deemed to supplement any other pension plan of the City of Miami Beach
insofar as benefits to firemen [firefighter] are concerned, and nothing herein shall be construed to in any way affect the operation or
benefits of any other pension plan of the City of Miami Beach, Florida. Sections 5, 6, 7, 8, 9 and 10 of Chapter 19112, Acts of Florida,
1939, shall continue to apply to the City of Miami Beach except as otherwise specifically provided for in this Act.
(Laws of Fla., 1949, ch. 26024, § 1)
Sec. 37. Definitions.
The following words and phrases shall, for the purposes of this Act, have the meanings hereafter respectively ascribed to
them. Other words and phrases shall have meanings as commonly understood with respect to the context; the singular shall include the
plural, and the masculine the feminine:
Active duty: shall mean actual service as a fireman [firefighter] with regular status in the fire division of the City of
Miami Beach, or absent from duty on an approved leave of absence, all as of the time under consideration.
b.
Board: shall be understood to mean the Board of Trustees of the Miami Beach Firemen's [Firefighters'] Relief and
Pension Fund, as provided for herein.
c. City: shall be understood to mean the City of Miami Beach, Florida.
do
Firemen [Firefighters]: the fire chief, officers, inspectors, enginemen and firemen [firefighters], and such other
employees of the fire division of the City of Miami Beach as the board shall determine to be engaged directly in fire
fighting or fire prevention work, shall be deemed firemen [firefighters] for the purposes of this Act.
Fund: shall be understood to mean the Miami Beach Firemen's [Firefighters'] Relief and Pension Fund, as provided
for herein.
Participant: every fireman [firefighter] of the City of Miami Beach eligible to have moneys credited to his individual
account and to receive benefits therefrom under this Act shall automatically become a participant.
g.
Regular status: shall have the meaning ascribed to it by Chapter 18696, Acts of Florida, 1937, commonly known as
the Civil Service Act, and the Personnel Rules of the City of Miami Beach.
h. Service: shall mean all time served as a fireman [firefighter] of the City of Miami Beach for which regular
compensation is made by the City of Miami Beach, and all time during which a participant is absent on a military
leave of absence. It shall include all leaves of absence with pay, but shall not include leaves of absence during which
no regular compensation is made by the City of Miami Beach.
(Laws of Fla., 1949, ch. 26024, § 2)
Sec. 38. Creation of fund; origin of moneys.
There is hereby created in the City of Miami Beach, Florida, a special fund to be known as the Miami Beach Firemen's
[Firefighters'] Relief and Pension Fund, into which shall be paid all moneys previously received by the City of Miami Beach under the
provisions of Chapter 19112, Acts of Florida, 1939, and Ordinance Number 558 of the City of Miami Beach, which moneys are now
held in trust under Pension Ordinance Number 498 of the City of Miami Beach, and all moneys which subsequently inure to the City
of Miami Beach under the provisions of Chapter 19112, Acts of Florida, 1939. Immediately upon taking office, the board shall
request, and the board of trustees of the Miami Beach Employees Retirement System shall make payment to the Miami Beach
Firemen's [Firefighters'] Relief and Pension Fund of the accumulated moneys referred to above and held in trust under Ordinance
Number 498.
(Laws of Fla., 1949, ch. 26024, § 3)
Sec. 39. Board of trustees--Creation; composition; terms of office; officers; proceedings; compensation.
There is hereby created a board of trustees of the Miami Beach Firemen's [Firefighters'] Relief and Pension Fund, which
board shall consist of the fire chief, the director of personnel, the assistant city manager or other responsible officer or employee of the
city appointed by him, and two employees of the fire division to be elected from among the participants of the fund by such
participants. The fire chief, director of personnel and the assistant city manager shall serve so long as they continue to hold their
respective offices, and upon replacement their successors shall succeed to their positions as trustees. The first election of trustees from
among the participants shall be for one office as trustee for a one-year term, and one office as trustee for a two-year term; thereafter
elections shall be for overlapping terms of two-years. The board shall annually elect from its membership a chairman and secretary
who shall keep complete minutes of all proceedings of the board, and all actions of the board shall be by majority vote, a quorum
being present. Trustees shall receive no compensation as such.
(Laws of Fla., 1949, ch. 26024, § 4; election of 11-2-71)
Sec. 40. Same--Power and authority.
The board shall have power and authority as follows:
(a) To invest and reinvest moneys of, or inuring to, the firemen's [firefighters'] relief and pension fund in the following:
Bonds, notes, securities or other evidences of indebtedness which are the direct obligations of the
Government of the United States and for which the full faith and credit of the government is pledged.
Loans, insured or guaranteed as to principal and interest by the Government of the United States or by any
agency or instrumentality thereof, to the extent of such insurance or guaranty.
Bonds, notes and other securities of any county or incorporated city in any state of the United States or the
District of Columbia, which are the direct obligation of such county or city and for payment of which said
governmental body has the lawful authority to levy taxes or make assessments.
Bonds, notes or other evidences of indebtedness which are payable from revenues of any structure or
improvement owned by any state or incorporated city within the United States.
Dividend-paying stocks, common or preferred, of any corporation created and existing under the laws of
the United States or of any state, provided that the amount so invested shall at no time exceed thirty-five percent of
the total funds invested.
Bonds, notes or other interest-bearing obligations of any solvent corporation organized under the laws of
the United States or any state, territory or possession of the United States.
Shares or savings accounts of federal savings and loan associations, to the extent that they are insured by an
agency or an instrumentality of the Government of the United States.
(b)
To approve loans and claims, and to authorize payments from the fund by warrants signed by the chairman and
secretary of the board.
(c)
To interpret the provisions of this Act where the meaning is not clear or ambiguity exists; and to promulgate
necessary rules respecting the operation of the fund, not in conflict with the wording or clear intent of this Act.
(d)
To authorize expenditures in connection with preliminary research and technical services, accounting, auditing and
general administration of the fund.
(e) To do such other things as may be necessary to implement and provide for the proper functioning of the fund.
(Laws of Fla., 1949, ch. 26024, § 5; election of 5-24-66; election of 11-2-71)
Sec. 41. Custodian of fund; vouchers.
The custody of all securities and cash of the fund shall be with the chief finance officer of the city, who shall provide the
same protection for such securities and cash as is provided for city funds. The chief finance officer shall issue vouchers against such
cash of the fund only upon warrants as provided for in section 5 [40] hereof.
(Laws of Fla., 1949, ch. 26024, § 6)
Sec. 42. Individual accounts of firefighters.
Individual accounts shall be established for every fireman [firefighter] of regular status at the effective date of this Act,
fireman [firefighter] who has been retired under any city pension plan since the adoption of Chapter 19112, Acts of Florida, 1939, or
fireman [firefighter] who attains regular status subsequent to the adoption of this Act. To each individual account there shall be
credited, as of the date of each payment to the fund by the state, an amount of such payment which bears the same ratio thereto that the
years of service of each participant bears to the years of service of all participants. After adjustments by the proration of the costs of
previous court action, and preliminary expense, this method of crediting accounts of individuals shall be applied to the present
accumulated moneys as of the date of each payment thereof; and to all subsequent payments to the fund by the state after proper
provisions have been made for the payment of administrative expenses for the ensuing year. There shall be an annual determination of
interest earned by the investments of the fund, and such interest earnings shall be prorated to each of the individual accounts of the
participants in the same proportion as the invested funds of the individual account of each participant bears to the total funds invested
on behalf of the fund. As of each June 30 there shall be allocated and credited to the accounts of participants who are firemen
[firefighters] of regular status as of such date, their share of nonvested forfeitures of terminated participants arising during the prior
twelve months, to be made in the same proportion as is the case above with regard to payments by the state. No further credits shall be
made to an individual's account after he shall have retired under any other pension plan of the City of Miami Beach, or after he shall
otherwise cease to be a participant.
(Laws of Fla., 1949, ch. 26024, § 7; Laws of Fla., 1953, ch. 29286, § 1; election of 5-24-66; election of 11-2-82)
Sec. 43. Rights and benefits generally of participants.
The fund
shall provide benefits to participants therein as follows:
The board may approve loans to a participant not to exceed his total vested credit, nor to exceed five hundred dollars
in such cases as it is established to the satisfaction of the board that such loans are required for extraordinary
medical expenses of a participant or his immediate family, or for burial expenses of an immediate member of his
family. Reasonable periods of time shall be allowed for the repayment of such loans, and interest shall be charged at
the rate of six percent per annum on unpaid balance. Such loans shall be made contingent upon the right of the board
to effect repayment by withholding subsequent credits, or by deducting from existing credits the amount of any loan
which is in default in its repayment; and the board may refuse to make subsequent loans to participants who so
default.
If a participant shall separate from service with the fire division of the City of Miami Beach for any reason
whatsoever prior to retirement, except as provided in c. and d. below, he shall be entitled to a severance payment
equal to the vested amount to his credit at that time.
If a participant shall die while on active duty and shall leave a surviving wife or child or children, the entire amount
to his credit shall be paid to a designated person for the purpose of defraying final illness and burial expenses, the
excess to be paid to the surviving wife, or if there be no surviving wife and there be surviving child or children to a
designated person for the purpose of defraying final illness and burial expenses, the excess to be paid to the legal
guardian of the child or children for their benefit if such child or children is under the age of eighteen years of age or
shall be paid to such child or children over the age of eighteen years of age for their benefit. If there be no surviving
wife or child or children, there shall be paid to a designated person for the purpose of defraying final illness and
burial expenses, an amount not to exceed the entire amount to his credit, nor to exceed such actual expenses, nor in
any case to exceed five hundred dollars; and in such cases as the credit shall exceed the amount approved for
payment of such expenses, any excess of such amount shall be paid to the estate of the deceased participant. In such
cases as the person designated to act for a participant shall predecease him, or cannot be located by reasonable
effort, or shall refuse to act, the board shall have the right to name a person to carry out the purposes of this
subsection.
If a participant, who has been, or who shall hereafter be retired for service or disability under any other pension plan
of the City of Miami Beach, he shall be paid the entire amount to his credit as of the date of such retirement in such
manner as he shall elect to receive it, and he shall further be entitled to receive a pro-rata share of the payment to the
fund by the state next following the date of retirement, such sum to be the amount as provided for in section 7 [42]
of this Act and the participant shall be entitled to receive such amount at the time of the payment to the fund by the
state in such manner as he shall elect to receive it.
Settlement as provided in subsection b., c. and d. of this section shall be full acquittal of all claims of a participant
against the fund, and he shall thereupon cease to be a participant.
Each participant shall be fully (one hundred percent) vested in the entire amount in his account as it exists on June
30, 1983. Any subsequent increases in such account, whether from allocation of premium tax refunds, investment earnings, or any
other source, shall be vested in accordance with the following schedule:
IYears of Service
Less than 10
10 or over
Vested Percent
None
100
Any nonvested amounts which are not distributable under b., c., or d. above shall be forfeited by the participant and
reallocated to remaining participants as provided herein.
(Laws of Fla., 1949, ch. 26024, § 8; Laws of Fla., 1953, ch. 29288, § 2; election of 11-2-82)
Sec. 44. Rights and benefits not subject to encumbrance.
The rights and benefits provided for herein shall not be subject to attachment, garnishment, execution or any other legal
process.
(Laws of Fla., 1949, ch. 26024, § 9; election of 11-2-82)
Sec. 45. Responsibility of city.
The City of Miami Beach shall have no responsibility for the operation of the fund except those specified herein, and shall
bear no expense in connection therewith except as relates to the custody of the cash and investments thereof.
(Laws of Fla., 1949, ch. 26024, § 10)
Sec. 46. Duties of city attorney.
The city attorney shall advise the board in all matters pertaining to their duties in the administration of the fund, whenever
requested; and shall represent and defend the board in all suits and actions at law, or in equity, that may be brought against it; and shall
bring all suits and actions in its behalf that may be determined upon by the board.
(Laws of Fla., 1949, ch. 26024, § 11)
Sec. 47. Separability.
If any portion or portions of this Act shall be declared to be invalid, the remaining portions shall have the same force and
effect as though such invalid portion or portions had not been included.
(Laws of Fla., 1949, ch. 26024, § 12)
Sec. 48. Repeal of conflicting laws.
That all laws or parts of laws in conflict herewith are hereby repealed.
(Laws of Fla., 1949, ch. 26024, § 13)
ARTICLE VIII.
POLICE OFFICERS' RELIEF AND PENSION FUND*
* Editors Note: Several of the provisions in this article have been changed by collective bargaining agreements, and the City
of Miami Beach pension department should be contacted for the most recent provisions.
State Law References: Police officers' retirement trust funds, F.S. ch. 185.
Sec. 49. Purpose of Act; supplementary to other acts.
The purpose of this Act is to implement the provisions of Chapter 28230, Laws of Florida, Acts of 1953, and to provide
means whereby policemen [police officers] of the City of Miami Beach, Florida, may receive benefits from the funds provided for that
purpose by Chapter 28230, Laws of Florida, Acts of 1953. This Act shall be deemed to supplement any other pension plan of the City
of Miami Beach insofar as benefits to policemen [police officers] are concemed, and nothing herein shall be construed to in any way
affect the operating of or benefits of any other pension plan of the City of Miami Beach, Florida. Sections 1, 1 B, 5, 6, 7, 9, 10, 24, 29
and 30 of Chapter 28230, Laws of Florida, Acts of 1953 shall continue to apply to the City of Miami Beach except as otherwise
specifically provided for in this Act.
(Laws of Fla., 1955, ch. 30985, § 1)
Sec. 50. Definitions.
The following words and phrases shall for the purpose of this Act have the meanings hereafter respectively ascribed to them.
Other words and phrases shall have meanings as commonly understood with respect to the context; the singular shall include the plural
and the masculine the feminine:
(a)
Board: shall mean the Board of Trustees of the Miami Beach Policemen's [Police Officers'] Relief and Pension Fund
as provided for herein.
(b)
(c)
(d)
(e)
(0
City: shall mean the City of Miami Beach, Florida.
Policemen [police officers]: shall mean the chief and any person who has attained regular civil service status in the
police department under the official classification of positions in the classified service of the city and who, in the
judgment of the board of trustees, performs duties in such department as a peace officer.
Fund: shall mean the Miami Beach Policemen's [Police Officers'] Relief and Pension Fund, as provided herein.
Participant: shall mean any policeman [police officer], as defined herein, who is eligible to have moneys credited to
his individual account and to receive benefits therefrom under this Act, and any person who was a policeman [police
officer] on July 31, 1953 and has separated from the police department.
Service: shall mean all years and fractions thereof served as an employee of the police department for which
compensation 'is paid by the city, including probationary time, provisional time when it has been followed by
probationary time, all time during which a policeman [police officer] is absent on military leave of absence and all
leaves of absence during which compensation is paid by the city; but shall not include leaves of absence during
which no compensation is made by the city.
(g) Fiscal year: shall mean the period commencing March 1 st and terminating the last day of February.
(Laws of Fla., 1955, ch. 30985, § 2)
Sec. 51. Creation of fund; origin of moneys.
There is hereby created in the city a fund into which shall be paid all moneys previously received by the city under the
provisions of Chapter 28230, Laws of Florida, Acts of 1953, and all moneys subsequently received by the City under the provisions of
Chapter 28230, Laws of Florida, Acts of 1953. Immediately upon the board taking office the city shall make payment to the fund of
the moneys previously received under Chapter 28230, Laws of Florida, Acts of 1953.
(Laws of Fla., 1955, ch. 30985, § 3)
Sec. 52. Board of trustees--Creation; composition; terms of office; officers; proceedings; compensation.
There is hereby created a board of the fund, which board shall consist of five (5) trustees, all of whom shall be participants.
The trustees shall be elected by the participants and shall serve for a period of two (2) years; provided, however, that immediately
upon this Act becoming a law there shall be an election and the trustees so elected shall hold office until the last day of February,
1956. Commencing in 1956, elections of trustees shall be held in February of the even-numbered years and trustees elected in such
elections shall commence service as trustees on March 1 st following such election. Election of trustees shall be by plurality. The board
shall annually elect from its membership a chairman and a secretary who shall keep complete minutes of all proceedings of the board
and all actions of the board shall be by majority vote, a quorum being present. In the absence of the chairman, the secretary shall act as
chairman. The trustees shall receive no compensation as such.
(Laws of Fla., 1955, ch. 30985, § 4)
Sec. 53. Same--Power and authority.
The board shall have power and authority as follows:
(a)
To invest and reinvest moneys of, or inuring to the fund in United States Government bonds or in bonds of the City
of Miami Beach or in savings institutions doing business in Dade County, Florida, provided that accounts in such
institutions are insured by an agency of the United States Government. The amount deposited in such savings
institutions shall at no time exceed the maximum amount of such insurance allowed for such account.
(b)
(c)
To convert into cash such securities or savings accounts as may be required for the payment of claims against the
fund or for necessary operating expenses.
To approve claims and to authorize payments from the fund by warrants signed by the chairman and the secretary of
the board.
(d)
To authorize expenditures in connection with preliminary research and technical services, accounting, auditing, legal
services and general administration of the fund.
(e) To do such other things as may be necessary to implement and provide for the proper functioning of the fund.
(Laws of Fla., 1955, ch. 30985, § 5)
Sec. 54. Same--Custody of fund.
The custody of all securities, savings accounts and moneys of the fund shall be with the board, which shall make provision
for the protection and safekeeping of such securities in a safety deposit box in such depository as may be designated by the board.
(Laws of Fla., 1955, ch. 30985, § 6)
Sec. 55. Individual accounts of police officers.
Individual accounts shall be established for each person who was a participant on July 31, 1953, the effective date of Chapter
28230, Laws of Florida, Acts of 1953, and for all persons who became or become participants thereafter. To these accounts there shall
be credited from each payment to the fund by the city an amount which shall be determined in the manner set forth in section 9 [57] of
this Act. Such amount shall be credited at the time each payment to the fund by the city is received by the fund; provided that the
amount to be credited shall be computed as though said amount had been received on March 10th as provided in Chapter 28230, Laws
of Florida, Acts of 1953; and further provided that a person who ceases to be a participant shall also receive a credit on account of the
next payment paid to the fund by the city after his separation from service. From all other income received by the fund there shall be
credited to each participant an amount which shall be computed as of the date such payment is actually received by the fund, and
which shall be computed in the manner set forth in section 9 [57] of this Act. As of each February 28 there shall be allocated and
credited to the accounts of participants who are actively employed policemen [police officers] as of such date, their share of nonvested
forfeitures of terminated participants arising during the prior twelve months, to be made in the same proportion as is the case above
with regard to payments by the city. No further credits shall be made to a participant's account after he shall have retired under any
other pension plan of the city, or after he shall otherwise cease to be a participant, except as otherwise provided in this Act.
(Laws of Fla., 1955, ch. 30985, § 7; election of 11-2-82)
Sec. 56. Disposition of city's payment to fund.
From the payment to the fund by the city the board shall:
(a) Pay all costs and expenses of management and operation of the fund.
(b) Set aside such amount as the board in its discretion estimates will be required for costs and expenses of management
and operation of the fund during the year following the date of said payment.
(c) Make a determination of interest earned by the fund as of March 10th of the year in which the payment is received
by the city from the state and such sum, together with the amount received by the fund from the city, after
adjustments as set forth in this section, shall be credited to the accounts of participants in the manner and at the time
provided in this Act.
(Laws of Fla., 1955, ch. 30985, § 8)
Sec. 57. Ratio of amounts credited to participant's account.
The amounts to be credited to a participant's account as provided in this Act shall be in the same ratio to the total amount to
be credited to all participants as such participant's service is to the service of all participants.
(Laws of Fla., 1955, ch. 30985, § 9)
Sec. 58. Rights and benefits of participants--Generally.
The fund shall provide benefits to participants as follows:
(a)
If a participant shall die, the amount in his account shall be paid to such beneficiary or beneficiaries as he shall have
designated in writing to the board. If such participant fails to designate a beneficiary or the designated beneficiary
has predeceased the participant, the amount in his account shall be paid to his surviving spouse. If there be no
surviving spouse, the entire amount shall be paid to a person designated by the board for the purpose of defraying
final illness and burial expenses, the excess to be paid to the estate of the deceased participant.
(b)
If a participant shall have retired for service or disability under any other pension plan of the city, he shall be paid
the entire amount in his account in a lump sum or in installments at his election. If payment is made by installments
such payments shall bear no interest and shall not be made more frequently than quarter-annually. If a participant
shall separate from service as a policeman [police officer] for the City of Miami Beach for any reason whatsoever
prior to death, or service or disability retirement, he shall be entitled to a severance payment equal to the vested
amount to his credit at that time.
(c)
Payment to a participant as provided in this section shall be full acquittal of all claims of a participant against the
fund and he shall thereupon cease to be a participant.
(d) Each participant shall be fully (one hundred percent) vested in the entire amount in his account as it exists on
February 28, 1983. Any subsequent increases in such account, whether from allocation of city payment of premium tax refunds,
investment earnings, or any other source, shall be vested in accordance with the following schedule:
Years of Service Vested Percent
Less than 10 None
10 or over 100
Any nonvested amounts which are not distributable under (a) or (b) above shall be forfeited by the participant and
reallocated to remaining participants as provided herein.
(Laws of Fla., 1955, ch. 30985, § 10; election of 11-2-82)
Sec. 59. Same--Not subject to encumbrance.
The rights and benefits provided for herein shall not be subject to attachment, garnishment, execution or any other legal
process.
(Laws of Fla., 1955, ch. 30985, § 11; election of 11-2-82)
Sec. 60. Responsibility of city.
The City of Miami Beach shall have no responsibility for the operation of the fund and shall bear no expense in connection
therewith.
(Laws of Fla., 1955, ch. 30985, § 12)
ARTICLE IX.
PENSION SYSTEM FOR DISABILITY AND RETIREMENT OF MEMBERS OF POLICE AND FIRE DEPARTMENTS*
* Editors Note: Question G ora special election held Nov. 2, 1999, and approved by voters of Miami Beach, amended art. IX
in its entirety to read as herein set out. See the Related Special Acts Comparative Table.
Sec. 61. Creation of fund; merger of base and supplemental plans.
(a) There is created a special fund to be known as the City Pension Fund for Firefighters and Police Officers in the City
of Miami Beach. The Fund shall be used exclusively for the purpose provided for in this article, and shall be collected, administered
and disbursed according to the provisions of this article.
(b) Effective as of October 1, 1999, the Police Officers' and Fire Fighters' Supplemental Pension (the "Supplemental
Plan") shall be merged into and become a part of this System. In connection with the merger, all assets of the fund created and
maintained in connection with the Supplemental Plan shall be transferred to the Fund.
(c) Except as otherwise expressly provided in this article, the rights and benefits of any member who retires or whose
employment is terminated on or after October 1, 1999, shall be determined solely in accordance with the provisions of this System as
in effect and operative at the time of such retirement or termination. However, his benefit and Creditable Service under this System as
of October 1, 1999, shall not be less than his benefit and Creditable Service under the System as in effect on September 30, 1999, if he
was only a member in the System as of such date, under the Supplemental Plan as in effect on September 30, 1999, if he was only a
member in that plan and not a member in the System as of such date or under both the System and the Supplemental Plan as in effect
on September 30, 1999, if he was a member in both the System and the Supplemental Plan as of such date.
(d) Except as otherwise expressly provided in this article, the rights and benefits of any member of the System or the
Supplemental Plan who retired or whose employment terminated prior to October 1, 1999, and who is not reemployed by the City
after that date in a position that would entitle him to be a member in the System, shall be determined solely in accordance with the
provisions of the System as in effect on the date of his retirement or termination if he was only a member of the System as of that date,
solely in accordance with the provisions of the Supplemental Plan as in effect on the date of his retirement or termination if he was
only a member of the Supplemental Plan as of that date or in accordance with the terms of the System and the Supplemental Plan as in
effect on the date of his retirement or termination if he was a member of both the System and the Supplemental Plan as of that date.
(Laws of Fla., 1945, ch. 23414, § 1; election of 11-2-99)
Sec. 62. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
Board means the Board of Trustees appointed and elected to administer and supervise the System as provided in section 76.
City means the City of Miami Beach, Florida.
Creditable Service means the Employee's service determined as provided in section 65 used to determine his eligibility for
certain benefits under the System and the amount of his benefit under this System.
Dependent Parent means a parent of a member for whom a member is entitled, or would have been entitled, to claim a
dependency exemption for federal income tax reporting purposes.
Domestic Partner means a person with whom a member has entered into a Domestic Partnership as defined in sec. 62-126,
and registered and documented according to the requirements of sec. 62-127.
Effective Date means September 20, 1945.
Employee means any regular member of the police department or fire department who has attained regular civil service status
in such department under the official classifications of positions in the classified service of the City, having a rank in such department
other than civilian rank and other than the classification of school guard. Unless they have never held classified positions with the
City, the chiefs of the police and fire departments shall be considered Employees for the purposes of this System.
Fund means the City Pension Fund for Firefighters and Police Officers in the City of Miami Beach created by section 61.
Handicapped ChiM means a child of a member who has reached the age of 18 and who is primarily dependent upon the
member for the child's livelihood or support due to a mental or physical condition or handicap of the child which requires, or
otherwise would have required, the member to provide primary support for the child.
May 1993 Member means a member first employed by the City on or after May 19, 1993.
Salary, for the purpose of determining member contributions under this System, means the member's base pay, longevity pay,
overtime, shift differential and extra compensation allowance such as uniform allowance, before reduction for the picked-up member
contributions and before reduction for any amounts contributed in accordance with sections 125 or 457 of the Internal Revenue Code.
However, for periods prior to October 1, 2000 and solely with respect to May 1993 Members, the term "Salary" shall refer only to
base pay and longevity pay, excluding any payment of overtime, shift differential or extra compensation allowance such as uniform
allowance, but determined before reduction for the picked-up member contributions and before reduction for any amounts contributed
in accordance with sections 125 or 457 of the Internal Revenue Code. For purposes of determining the amount of a member's benefit
under the System, Salary shall mean the amount determined under this section as modified by the provisions of section 66 under
which the benefit is being provided. Notwithstanding anything herein to the contrary, a member's Salary taken into account for any
purpose under this System, including for purposes of determining the amount of a member's benefit and his contribution to this
System, shall not exceed the limitation set forth in section 401 (a)(17) of the Internal Revenue Code as adjusted for changes in the cost
of living by the Secretary of the Treasury of the United States. However, for employees who were members before the first plan year
beginning after December 31, 1995, the limitation on Salary shall not be less than the amount which was allowed to be taken into
account under this article as in effect on July 1, 1993.
Surviving Spouse shall mean the lawfully wedded spouse of a member of the System living with the member at the time of
the member's death.
System means this Pension System for Disability and Retirement of Members of Police and Fire Departments, as from time to
time amended.
(Laws of Fla., 1945, ch. 23414, § 3; Laws of Fla., 1953, ch. 29286, § 2; election of 11-7-89; election of 11-2-99; election of 11-6-01)
Sec. 63. Source of moneys for fund; computation of liability; use and investment of fund.
(a) At the end of each fiscal year of the City, the City shall pay into the Fund the amount the Board determines is
required under this System, in addition to the personal contributions of members.
(b) Each member of this System shall contribute 10% of his Salary to the Fund. The City shall, solely for purposes of
complying with section 414(h) of the Internal Revenue Code, pick up contributions required to be made by the members under this
System. The contributions so picked up shall be treated as employer contributions for purposes of determining their tax treatment
under the Internal Revenue Code.
(c) All computations of liability in connection with the System shall be based on tables and rates approved by the
Board. The Board shall designate an actuary for the System who shall recommend such tables and rates for adoption by the Board.
The actuary designated by the Board, on the basis of such tables and rates, shall recommend to the Board the amounts required to be
paid into the System by the City under subsection (a) of this section.
(d) There shall be a complete actuarial evaluation prepared by the actuary at least every three years, and the City shall
make such adjustments in its contributions as shall be shown to be required by such actuarial evaluation. The money required to meet
all the obligations of this System over and above the personal contributions from the members, is a liability and obligation of the City.
The expenses of the System shall not be separately budgeted so long as that method is permitted by law. The City commission shall
levy annually, in the manner provided by law, upon all taxable property within the City, such millage on the assessed valuation thereof
as is necessary to produce the amounts required to be contributed by the City to this System.
(e) Nothing in this System shall be construed to prevent the City administration from appropriating moneys from the
general fund or from any special funds of the City for the purpose of creating or adding to the Fund, and the City shall have the right
to appropriate moneys from the general fund or any special fund of the City in addition to a millage. Furthermore, the City shall have
the right and power to designate other sources of revenue for the Fund, including the designating of certain fines and forfeitures for
violation of the City ordinances to be paid to the Fund instead of the general revenue of the City.
(0
System.
No moneys raised by taxation or otherwise provided for in the Fund shall be used other than for the purpose of this
(g) Money shall be withdrawn from the Fund only upon warrants executed by at least five members of the Board. The
Board shall have exclusive charge of the investment of any surplus in the Fund not needed for the Fund's current obligations. The
Board shall, in acquiring, investing, reinvesting, exchanging, retaining, selling and managing property for the benefit of the Fund,
exercise the judgment and care under the circumstances then prevailing which persons of prudence, discretion and intelligence
exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds,
considering the probable income as well as the probable safety of their capital. Within the limitations of the foregoing standard, the
Board is authorized to acquire and retain every kind of property, real, personal or mixed, and every kind of investment specifically
including, but not by way of limitation, bonds, debentures and other corporate obligations, and stocks, preferred or common, which
persons of prudence, discretion and intelligence acquire or retain for their own account and, within the limitations of the foregoing
standard, the Board may retain property acquired, without limitation as to time and without regard to its suitability for original
purchase. The intent of this provision is to remove any and all restrictions which are otherwise imposed by F.S. chs. 175 or 185 and
which may be removed.
(h) Moneys needed for meeting the System's current obligations may be deposited in a depository recognized by law for
the deposit of funds of the State of Florida and upon posting of similar security to that required for public deposits. The City shall have
the custody of and responsibility for any funds, stocks, bonds, notes or other evidences of indebtedness and such custody shall be for
the purpose of safekeeping only, without any discretion in the City regarding the propriety of any withdrawal or transfer of any such
funds, stocks, notes, or other evidences of indebtedness or funds.
(Election of 11-2-99)
Sec. 64. Membership; transfer of accumulated total credit; severance of employment and reemployment.
(a) Any individual who is an Employee on October 1, 1999, who was a member of the System on that date shall remain
a member of this System. All individuals who become Employees on or after October 1, 1999, shall automatically be members of this
System and shall submit to a physical examination as prescribed by the Board; however, the result of such examination shall not affect
eligibility for membership in this System, but shall be used for the proper administration of the System by the Board.
(b) Whenever any member of this System voluntarily severs his employment with the City prior to becoming eligible
for a pension, but retains civil service rights with the City, and does not have returned to him the monies provided for in section 70, he
shall again become a member upon resuming his employment as an Employee. However, he shall be entitled to no benefits under this
System between the date of such severance and the date of such reemployment, except those which may have accrued to him prior to
such severance, and further provided upon such reemployment he shall submit to the medical examination required by this section.
(Laws of Fla., 1945, ch. 23414, § 4; election of 6-2-59; election of 11-2-99)
Sec. 65. Computation of creditable service; service record.
(a) A member's Creditable Service shall include all periods of time of actual work for which wages or salaries were
received by the member in the service of the fire or police department and, notwithstanding anything to the contrary in this article, all
time served in the unclassified service of the City as provided in section 70, whether it be provisional, probationary or regular work or
employment, and whether or not such periods are interrupted, together with all service in the uniformed services of the United States
required to be included under section 82; provided, however, that only periods of service in the uniformed services of the United
States for which the member makes the member contributions as provided for in section 82 shall be Creditable Service for purposes of
computing the amount of the member's benefit from the System. Notwithstanding any provision to the contrary, in no event shall the
same period of service be counted more than once as Creditable Service under this System.
(b) Employees who become members of this System in order to receive credit for service rendered prior to their
becoming a member shall make contributions to the Fund in the amount such member would have contributed had he been a member
during the period of service for which credit is being purchased. In order to receive such credit, employees shall make payment within
six months after becoming a member or within such other period as may be provided in a bargaining agreement covering the member.
Notwithstanding the foregoing, any employee who transfers to this System whereby the accumulated total credit in any other pension
system of the City is transferred to this System, then and in that event, all of the creditable service time in such other system shall be
considered Creditable Service time under this System, and such employee need make no additional contribution for time credited.
(c) The Board shall establish the service record of all employees who may be entitled to participate in the benefits of
this System, and shall keep a record thereof.
(d) Members with 20 or more years of creditable service who are eligible to receive normal or early retirement benefits
under the System may purchase additional creditable service under the System for up to two (2) years of full-time public safety service
as a law enforcement officer or firefighter prior to City employment, provided the member is not entitled to receive a benefit for such
service under another pension plan, and further provided that the member may not purchase a combined total of more than four (4)
years of creditable service for prior public safety service and prior military service, and further subject to limitations contained in sec.
66 (j). The cost for each year of creditable service for prior public safety service purchased shall be the same rate as provided in sec.
82(b) for the purchase of prior military service, with the cost prorated for fractional years of service. For purposes of this purchase, an
employee may use the value of accrued sick and/or annual leave, valued at the employee's hourly rate at the time of purchase.
(Election of 11-2-99; election of 11-6-01)
Sec. 66. Service and disability benefits generally.
(a) The Board shall, upon application retire members meeting any one of the following requirements:
(1) The attainment of age 50.
(2)
Permanent and total disability incurred in line of duty in the police or fire department, or in the unclassified service
as provided in section 70, irrespective of the number of years of Creditable Service.
(3) Permanent and total disability incurred other than in the line of duty, after five years of Creditable Service.
(4)
The sum of the member's age and Creditable Service equals at least 70 and the member retires on or after October 1,
1998.
(5)
Only for periods prior to October 1, 2000 and only in the case of a May 1993 Member, the attainment of age 55 with
at least 10 years of Creditable Service.
(b) A member, other than a May 1993 Member who retires prior to October 1, 2000, shall be entitled to receive upon
retirement under subsection (a), a monthly pension payable for life equal to:
(1)
Three percent of the member's average monthly Salary for each year of the member's first 15 years of Creditable
Service, being computed as to a part of a year on a pro rata basis to the nearest month; plus
(2)
Four percent of the member's average monthly Salary for each year of the member's Creditable Service in excess of
15 years, being computed as to a part of a year on a pro rata basis to the nearest month.
(c) A May 1993 Member who retires prior to October 1, 2000, shall be entitled to receive upon retirement under
subsection (a) a monthly pension payable for life equal to three percent of the member's average monthly Salary for each year of the
member's Creditable Service, being computed as to part of a year on a pro rata basis to the nearest month.
(d) For purposes of determining a member's benefit, the average monthly Salary of the member shall be based on the
average of the two highest-paid years of the member prior to the date of retirement or termination, or the average of the last two paid
years of the member prior to the date of retirement or termination, whichever produces the greater benefit for members employed by
the City before May 19, 1993, and shall be based on the average of the three highest paid years of the member prior to the date or
retirement or termination for May 1993 Members. For purposes of such calculation, Salary shall be the Salary upon which the
member's contribution to the System was computed. However, with respect to a member employed before May 19, 1993, and retiring
on or after October 1, 1994, the inclusion of overtime in the member's Salary for the two highest-paid years or last two years, as the
case may be, shall be limited in each year to an amount which is equal to 70% of the difference between the member's annualized pay
rate at retirement and the highest annualized pay rate for the next higher salary rank; but in no event shall such member's accrued
benefit on his date of retirement be less than the benefit he had accrued as of September 30, 1994, determined under the terms of the
System in effect on that date.
(e) Notwithstanding anything in this section to the contrary, the benefits provided in this section shall not exceed 90%
of the member's average monthly Salary as defined in subsection (d) of this section; provided, however, that the benefits for May 1993
Members shall not exceed 80% of such Salary.
(f) The minimum pension for a member retiring for permanent and total disability under subsection (a)(2) of this
section shall be 85% of the member's Salary at the time of disability retirement; provided, however, that the minimum pension for a
May 1993 Member shall be 75% of such Salary. The minimum pension for a May 1993 Member retiring for permanent and total
disability under subsection (a)(3) of this section shall be 50% of the member's Salary at the time of the disability retirement.
(g) If any member eligible for benefits under this article shall terminate his employment after having completed at least
10 years of Creditable Service but prior to attaining age 50 years (or after having completed one year of Creditable Service but before
attaining age 55 and completing 10 years of Creditable Service for a May 1993 Member), and does not withdraw his accumulated
contributions in the System, such member shall be entitled to receive upon attaining age 50 (age 55 or his termination of employment,
if later, for a May 1993 Member) a monthly pension payable for life in accordance with the provisions of subsection (b) (or subsection
(c) for a May 1993 Member) of this section; provided, however, the benefit so determined shall be reduced for a May 1993 Member
by 10% multiplied by the difference between the member's years of Creditable Service at his date of termination and 10. If the
member dies prior to attaining age 50 (age 55 or his termination of employment, if later, for a May 1993 Member), no benefit shall be
payable under subsection (b) (or subsection (c) for a May 1993 Member); instead, the member's estate shall be entitled to all moneys
contributed by the member to this System together with accumulated interest on that sum at the rate of three percent per annum
computed until the date of payment to the member's estate.
(h) (1) Notwithstanding anything in this section to the contrary, the minimum monthly pension payable for the life
of any member who was employed prior to July 1, 1976 and who retires after attaining age 50 and completing at least 15
years of Creditable Service or after meeting the requirements of subsection (a)(3) or (a)(4) of this section 66 shall be equal to:
(A)
Three percent of the member's average monthly Salary for each of the first 20 years of his Creditable
Service, being computed as to a part of a year on a pro rata basis to the nearest month; plus
(B)
Two and three-quarters percent of the member's average monthly Salary for each of his years of Creditable
Service in excess of 20, being computed as to a part of a year on a pro rata basis to the nearest month.
(2)
For purposes of this subsection (h) the member's average monthly Salary shall be the Salary upon which the
member's contribution to the System was computed for the two highest paid years of the member prior to his date of
retirement.
(3)
Notwithstanding anything to the contrary, benefits provided under this subsection (h) shall not be more than 85% of
the average monthly Salary used to compute the benefit under this subsection.
(4)
The minimum pension for a member retiring under this subsection (h) for permanent and total disability shall be
75% of the member's Salary at the time of his disability retirement.
(i) Nothing in this section shall be construed to prevent the City manager or the Board from initiating action for the
compulsory retirement of a member eligible for retirement, prior to such age, where such member is considered to be unfit for the
proper performance of his duties because of physical or mental incapacity. Upon certification by the medical board designated by the
Board pursuant to section 76(j) that such member is mentally or physically incapable of proper performance of duties, the member
shall be automatically retired. Any member who is compulsorily retired by an act of the Board shall have the right to appeal such
retirement to a court of proper jurisdiction. The member shall defray his own expense in his appeal of such compulsory retirement.
(j) Members with 20 or more years of creditable service who are eligible to receive normal or early retirement benefits
under the System may also purchase up to an additional six percent (6%) benefit multiplier in accordance with this subsection. A
member may purchase up to an additional six percent (6%) benefit multiplier if the additional creditable service for prior public safety
purchased pursuant to sec. 65(d) or prior military service pursuant to sec. 82(b) does not exceed a combined total of two (2) years; and
a member may purchase an additional three percent (3%) benefit multiplier if the additional creditable service for prior public safety
service purchased pursuant to sec. 65(d) or prior military service pursuant to sec. 82(b) does not exceed a combined total of three (3)
years. The cost for each additional three percent (3%) benefit multiplier purchased shall be the same as the cost for each year of prior
military service purchased in accordance with sec. 82 (b). For the purpose of this purchase, an employee may use the value of accrued
sick and/or annual leave, valued at the employee's hourly rate at the time of purchase.
(Laws of Fla., 1945, ch. 23414, § 7; Laws of Fla., 1949, ch. 26034, § 2; election of 5-24-66; election of 11-2-99; election of 11-6-01)
Sec. 67. Cost-of-living adjustment.
(a) In the case of a pensioner who was employed by the City prior to May 19, 1993, or a beneficiary of such a member
who has been receiving a pension for at least one year under the System as of October 1, 1989, or any subsequent October 1, the
amount of pension payable to him under the System as of such October 1, other than a pension payable under subsection 66(h)of the
System, shall be increased by 2 1/2% of the amount payable to him under the System.
(b) In the case of a pensioner who was a May 1993 Member, or a beneficiary of such a member, who has been receiving
a pension for at least one year under the System as of October 1, 1994, or any subsequent October 1, the amount of pension payable to
him under the System as of such October 1, determined without regard to any cost of living increase previously granted under this
section, shall be increased by 1 1/2%.
(c) In the case of a pensioner who has been receiving a benefit under subsection 66(h) of the System for at least three
years as of July 1, 1982, or any subsequent July 1, the amount payable to him under the System as of such July 1 shall be increased as
of the next following October 1 by 2%.
(d) In the case of a pensioner or beneficiary who retires after October 1, 1988, under the System or after October 1 of
any subsequent year and who therefore must wait more than 12 months for his first increase, the amount of pension payable to him as
of the October 1 next following the first anniversary of the commencement of his pension shall be increased by a specified percentage,
as defined in this subsection, of the amount payable to him under the System multiplied by a fraction, the numerator of which is the
number of months for which his pension under the System has been paid and the denominator of which is 12. The specified
percentage shall be 2 1/2% for members and their beneficiaries and 1 1/2% for May 1993 Members and their beneficiaries.
(e) For purposes of determining the one-year requirement of subsections (a) and (b) of this section and the three-year
requirement of subsection (c) of this section, the pension commencement date for a beneficiary receiving a pension as the result of the
death of a retired member who was receiving a pension at the time of his death shall be the date on which the retired member began to
receive his pension.
(f) The provisions of this section shall not apply in the case of a member of the System who elected in writing prior to
the earlier of his date of retirement or January 1, 1990, to waive his membership in the Police Officers' and Fire Fighters'
Supplemental Pension in accordance with the provisions of section 78-246 or 78-247 of Chapter 78 of Part II of the Miami Beach City
Code as in effect at such date.
(Election of 11-2-99)
Sec. 68. Service-connected death benefits.
If any member shall lose his life while in the discharge of his duties, or shall die within five years from injuries received
while in the discharge of his duties, and shall leave a Surviving Spouse or Domestic Parmer or a child or children or one or more
Dependent Parent(s), the Board shall authorize and direct payment of a pension to the member's Surviving Spouse or Domestic Parmer
or child or children or Dependent Parent(s) as follows:
(a) To the Surviving Spouse or Domestic Parmer, the greater of:
(1) The pension to which the deceased member would have been entitled under section 66; and
(2) Eighty-five percent of the member's Salary at the date of his death.
(b)
If there is no Surviving Spouse or Domestic Partner, or if the Surviving Spouse remarries or dies, or the Domestic
Partner marries, enters into another Domestic Partnership, or dies, the benefit set forth in subsection (a) of this
section shall be paid in equal portions to each child of the deceased member. However, benefits shall continue to be
service purchased pursuant to sec. 65(d) or prior military service pursuant to sec. 82(b) does not exceed a combined total of three (3)
years. The cost for each additional three percent (3%) benefit multiplier purchased shall be the same as the cost for each year of prior
military service purchased in accordance with sec. 82 (b). For the purpose of this purchase, an employee may use the value of accrued
sick and/or annual leave, valued at the employee's hourly rate at the time of purchase.
(Laws of Fla., 1945, ch. 23414, § 7; Laws of Fla., 1949, ch. 26034, § 2; election of 5-24-66; election of 11-2-99; election of 11-6-01)
Sec. 67. Cost-of-living adjustment.
(a) In the case of a pensioner who was employed by the City prior to May 19, 1993, or a beneficiary of such a member
who has been receiving a pension for at least one year under the System as of October 1, 1989, or any subsequent October 1, the
amount of pension payable to him under the System as of such October 1, other than a pension payable under subsection 66(h)of the
System, shall be increased by 2 1/2% of the amount payable to him under the System.
(b) In the case of a pensioner who was a May 1993 Member, or a beneficiary of such a member, who has been receiving
a pension for at least one year under the System as of October 1, 1994, or any subsequent October 1, the amount of pension payable to
him under the System as of such October 1, determined without regard to any cost of living increase previously granted under this
section, shall be increased by 1 1/2%.
(c) In the case of a pensioner who has been receiving a benefit under subsection 66(h) of the System for at least three
years as of July 1, 1982, or any subsequent July 1, the amount payable to him under the System as of such July 1 shall be increased as
of the next following October 1 by 2%.
(d) In the case of a pensioner or beneficiary who retires after October 1, 1988, under the System or after October 1 of
any subsequent year and who therefore must wait more than 12 months for his first increase, the amount of pension payable to him as
of the October 1 next following the first anniversary of the commencement of his pension shall be increased by a specified percentage,
as defined in this subsection, of the amount payable to him under the System multiplied by a fraction, the numerator of which is the
number of months for which his pension under the System has been paid and the denominator of which is 12. The specified
percentage shall be 2 1/2% for members and their beneficiaries and 1 1/2% for May 1993 Members and their beneficiaries.
(e) For purposes of determining the one-year requirement of subsections (a) and (b) of this section and the three-year
requirement of subsection (c) of this section, the pension commencement date for a beneficiary receiving a pension as the result of the
death of a retired member who was receiving a pension at the time of his death shall be the date on which the retired member began to
receive his pension.
(f) The provisions of this section shall not apply in the case of a member of the System who elected in writing prior to
the earlier of his date of retirement or January 1, 1990, to waive his membership in the Police Officers' and Fire Fighters'
Supplemental Pension in accordance with the provisions of section 78-246 or 78-247 of Chapter 78 of Part II of the Miami Beach City
Code as in effect at such date.
(Election of 11-2-99)
Sec. 68. Service-connected death benefits.
If any member shall lose his life while in the discharge of his duties, or shall die within five years from injuries received
while in the discharge of his duties, and shall leave a Surviving Spouse or Domestic Partner or a child or children or one or more
Dependent Parent(s), the Board shall authorize and direct payment of a pension to the member's Surviving Spouse or Domestic Partner
or child or children or Dependent Parent(s) as follows:
(a) To the Surviving Spouse or Domestic Parmer, the greater off
(1) The pension to which the deceased member would have been entitled under section 66; and
(2) Eighty-five percent of the member's Salary at the date of his death.
(b)
If there is no Surviving Spouse or Domestic Partner, or if the Surviving Spouse remarries or dies, or the Domestic
Partner marries, enters into another Domestic Partnership, or dies, the benefit set forth in subsection (a) of this
section shall be paid in equal portions to each child of the deceased member. However, benefits shall continue to be
paid to the member's Surviving Spouse on the Surviving Spouse's remarriage, instead of to the member's children, if
the member is killed in the line of duty. Payments under this subsection to any child shall cease when:
(1)
The child attains age 18 (or age 22 in the case of a child who is a full-time student in high school or
college, in the case of a Handicapped Child ceases to be a Handicapped Child); or
(2) The child marries or dies.
A legally adopted child shall have the same rights as a natural born child but no pension shall be allowed to any stepchild of a
deceased member or child of any Domestic Partner.
(c)
If there are no benefits payable to a child or children, the benefit set forth in subsection (a) of this section shall be
paid to the Dependent Parent of the deceased member. If both parents are Dependent Parents, such benefit shall be
shared equally.
(d) The trusteeship and disbursement of the pension to any child or Dependent Parent is to be determined by the Board.
(e) The pension payments to a Surviving Spouse, Domestic Partner, children and Dependent Parents shall not be
decreased or reduced due to benefits received by them under any workmen's compensation law.
(Laws of Fla., 1945, ch. 23414, § 8; Laws of Fla., 1953, ch. 29286, § 5; election of 11-2-99; election of 11-6-01)
Sec. 69. Nonservice-connected death benefits.
(a) If any member, other than a member entitled to a benefit under section 68, shall die after completing five years of
Creditable Service or after meeting the requirements for retirement under section 66, whether or not pension payments have
commenced, the Board shall authorize and direct payment to the member's Surviving Spouse or Domestic Partner and/or child or
children and/or a Dependent Parent in equal monthly installments as follows:
(1)
To the Surviving Spouse or Domestic Partner, the pension to which the deceased member was entitled or was
receiving at the time of death or would have been entitled at the time of death under section 66 of this System, for
the first 12 months, and thereafter the greater of:
(A)
(i) Seventy-five percent of the pension payable under section 66 determined without regard to subsection
66(h), if the member retired on or after October 1, 1988 and is not eligible for a benefit under subsection
66(h) of the System, (ii) 50% of the pension payable under this System if the member was a May 1993
Member; or (iii) the greater of 50% of the pension payable under subsection 66(h) or 75% of the pension
payable under section 66 determined without regard to subsection 66(h) if the member is eligible for a
benefit under subsection 66(h) of the System or
(B)
Twenty-five percent of the member's average monthly Salary for his two highest paid years. The monthly
installments shall continue until the Surviving Spouse's remarriage or the Domestic Partner's marriage or
entry into another Domestic Parmership. However, if the Surviving Spouse was married to the deceased
member less than 10 years, or the Domestic Partnership was registered for less than 10 years, the benefit
provided in this subsection shall be payable until remarriage or death, but in no case longer than for the
period of the normal life expectancy of the deceased member at the time of his death, determined in
accordance with the mortality table adopted by the Board.
(2)
To the child or children or Dependent Parent(s), the provisions of section 68 governing the conditions and
restrictions applicable to the administration of pensions for children and Dependent Parents shall apply, as the case
may be.
(b) If any member, other than a member entitled to a benefit under section 68, who retired prior to October 1, 1988 but
after completing five years of Creditable Service, shall later die from causes not attributable to his duties, the Board shall authorize
and direct payment to his Surviving Spouse or Domestic Partner and/or child or children in equal monthly installments as follows:
(1) To a Surviving Spouse or Domestic Partner, the amount of the pension to which the deceased member was entitled
or was receiving at the time of death or would have been entitled at the time of death, computed in accordance with
the terms of the System as in effect on his retirement, for the first 12 months, and thereafter the greater of:
(A) Fifty percent of such pension or
(B) Twenty-five percent of the average monthly Salary for the two highest paid years.
The monthly installments shall continue until the Surviving Spouse's remarriage or death, or the Domestic Partner marries,
enters into another Domestic Parmership, or dies. However, if the Surviving Spouse was married to the deceased member
less than 10 years, or the Domestic Partnership was registered for less than 10 years, the benefit provided in this subsection
shall be payable until remarriage or death, but in no case longer than for the period of the normal life expectancy of the
deceased member at the time of his death determined in accordance with the mortality table adopted by the Board.
(2) To the member's children under 18 years of age, $100.00 per month; provided, however, the benefit shall continue
until the child is age 22 if the child is a full-time student in high school or college. The combined maximum benefit
payable to the member's children shall be $200.00 per month and the combined maximum benefit payable to the
Surviving Spouse or Domestic Partner and the member's children shall be $320.00 per month. However, this
maximum limitation shall not in any manner limit the Surviving Spouse's or Domestic Parmer's benefits provided in
subparagraph (1) above. For purposes of this subparagraph, a legally adopted child shall have the same rights as a
naturally born child but no pension shall be allowed to any stepchild of a deceased member.
(Laws of Fla., 1945, ch. 23414, § 9 3/4; election of 6-2-59; election of 5-24-66; election of 11-5-68; election of 11-18-69; election of
11-2-71; election of 9-28-76; election of 11-3-87; election of 11-2-99; election of 11-6-01)
Sec. 70. Return of contribution.
(a) Except as provided in subsections (b) and (c) of this section, whenever any member in the service of either the fire
or police department shall sever his connection with such department either voluntarily or by lawful discharge, or by death not
attributed to his active duties prior to the completion of five years of membership in the department, or by death in active service after
the completion of five years of membership in the department leaving no Surviving Spouse, Domestic Parmer, children or Dependent
Parents entitled to pension benefits under this System, such member or his estate shall be entitled to the return of all the moneys he has
contributed into this System, together with accumulated interest on the sum, at the rate of three percent per annum, computed until
date of payment to the member or his estate, unless in the event of discharge or voluntary severance such member has at that time
qualified under the terms of this System for a pension from the System.
(b) Any member of this System who separates from active service with the fire or police departments to accept an
appointment to any office in the unclassified service of the City shall continue to have all the rights, privileges and responsibilities of
this System.
(c) Any member of this System who separates from active service with the fire or police departments to accept an
appointment to any office in the classified service of the City shall immediately become a member of the City of Miami Beach
Employees Retirement System and shall receive creditable service under that system for service which is Creditable Service under this
System. Upon a member of this System becoming a member of the City of Miami Beach Employees Retirement System, the Board
shall transfer from the funds of this System to the City of Miami Beach Employees Retirement System an amount equal to three times
the accumulated amount of the member's contributions under this System that were paid by the member to this System, together with
interest thereon to the date of transfer. For purposes of this section, moneys a member has contributed shall include picked-up member
contributions together with interest thereon.
(Election of 11-2-99; election of 11-6-01)
Sec. 71. Cancellation of participation in other systems.
Membership in this System shall automatically cancel the membership and participation of any Employee in any other
pension, annuity or retirement system for employees of the City to which the City contributes.
(Laws of Fla., 1945, ch. 23414, § 10; Laws of Fla., 1947, ch. 24709, § 5; Laws of Fla., 1953, ch. 29286, § 7; election of 11-2-99)
Sec. 72. Contract between member and City.
(a) Within 30 days after an Employee becomes a member of this System, or October 1, 2000, for a May 1993 Member,
the City shall prepare a contract for execution between the City and the Employee. The contract shall be in the following form:
"This agreement, made and entered into this day of ., 20 , between the City of Miami
Beach, a municipal corporation under the laws of the State of Florida, hereinafter referred to as City, and (individual
employee), hereinafter referred to as Employee.
"WITNESSETH: THAT WHEREAS, the City established the Pension System for Disability and Retirement of
Members of Police and Fire Departments, hereinafter referred to as the System, and
"WHEREAS, it is beneficial to the City to have the Employee protected by the terms of the System and benefits and
the Employee is desirous of participating in the System, it is thereupon
"UNDERSTOOD AND AGREED by and between the parties that the Employee does hereby allot, out of his salary
or wages, paid to him by the City, determined before reduction for picked-up contributions in accordance with section 63(b)
of the System or any amounts contributed on a pretax basis in accordance with sections 125 and 457 of the Internal Revenue
Code, an amount equal to the percentage of said salary or wages specified in section 63(b) of the System from his date of
membership, and does hereby authorize and direct the disbursing officers or officer of said City to retain out of said wages or
salary said amount, in compliance with the terms of the System, and to continue to make said allotment and authorize said
deduction throughout the entire time of his employment or reemployment or until such time as he shall be entitled to receive
the pension allowance or benefit provided by the Fund. For the purpose of determining the Employee's contributions under
the System, salary or wages shall be computed in accordance with the definition of "Salary" in section 62 of the System.
"IT IS FURTHER UNDERSTOOD AND AGREED by and between the parties that the City will accept said
allotment or deduction from the salary or wages of the Employee and when, under the terms of the System, the Employee or
the Employee's beneficiary shall be entitled to receive the benefits from the Fund herein created, will pay said sum or sums
from said Fund and all other benefits so authorized to the Employee or his beneficiaries, in accordance with the terms of the
System, without diminution or deduction.
"IT IS FURTHER UNDERSTOOD AND AGREED that this contract shall remain in force without change,
modification or amendment, until all the purposes now intended to be fulfilled shall have been fully performed, except that
payment or other benefits to the Employee or his beneficiaries may be increased but not diminished.
"IT IS FURTHER UNDERSTOOD AND AGREED that the percentage of the allotment of, or deduction from, the
salary or wages of the Employee shall not be increased during the term of this contract but may only be decreased or
diminished by the City, nor shall the Employee lose any rights under the terms of this contract by reason of the refusal of the
City at any time during the term hereof to make allotment or deduction from said wages or salary.
"IT IS FURTHER UNDERSTOOD AND AGREED that it is the intention of the parties hereto to create vested
rights in the respective parties not to be hereinafter impaired for any cause whatsoever.
"IT IS FURTHER UNDERSTOOD AND AGREED that the terms of the System are declared to be a part of this
contract and this contract is to be construed with reference thereto.
"IN WITNESS WHEREOF, the City has caused these presents to be executed, signed and sealed, with the seal of
the City, by its duly authorized officers, and the Employee has hereunto set his hand and seal the day and year first above
written. (Here follow signatures and seals.)
The contract shall be executed in duplicate, one copy to be retained by the City, the other copy to be delivered to the
employee joining in the contract. The contract shall thereafter be and remain a contract binding upon the City and the employee, and
shall be enforceable in any court in the State of Florida having jurisdiction of actions upon contracts in like amount, and by such relief,
ordinary or extraordinary, at law, or in equity as may be suitable or appropriate in similar causes.
(b) Nothing in this section shall abridge or enlarge the rights of members acquired under contracts executed pursuant to
this section.
(Laws of Fla., 1945, ch. 23414, § 12; Laws of Fla., 1947, ch. 24709, § 6; Laws of Fla., 1953, ch. 29286, § 9; election of 11-2-71;
election of 9-28-76; election of 11-3-87; election of 11-2-99)
Sec. 73. Restoration of health of participant retired for permanent incapacity.
If a member who has been retired on a pension on account of permanent and total disability regains his health and is found by
the Board to be in such physical and mental condition as to meet the requirements of the City's human resources department for
service acceptable to the City, the Board shall order his pension discontinued, and he shall be ordered to resume active service in the
department from which he was retired at the same or similar work as that at which he was employed prior to his disability retirement,
or at other work within the limits of his physical or mental capabilities at a rate of compensation not less than 70% of the pay at the
time of his return to active service for the classification occupied by him prior to his disability retirement. Upon request of the City
manager, the Board shall review the condition of any member receiving a pension for disability and shall submit to the City manager a
report thereon, and if there shall be substantial evidence that the retired member is capable of performing service acceptable to the
City in the department from which such member was retired, he shall be ordered to resume active duties and his pension shall be
discontinued.
(Election of 11-2-99)
Sec. 74. Disposition of pension where pensioner convicted of felony.
Upon a member's conviction of a felony and actual incarceration in a penitentiary, any pension being paid to the member
under this System shall be paid to his wife or children as herein prescribed for a deceased member under this article, until his official
release from incarceration, then the pension will be paid to the pensioned member again.
(Laws of Fla., 1945, ch. 23414, § 15; election of 11-2-99)
Sec. 75. Dismissal from service.
Members entitled to a pension shall not forfeit the pension upon dismissal from the department, but shall be retired as
prescribed in this article.
(Laws of Fla., 1945, ch. 23414, § 16; election of 11-2-99)
Sec. 76. Board of trustees.
(a) The general administration and responsibility for the proper operation of the System is vested in a board consisting
of three members of the City administration other than police officers, firefighters or the City manager, to be appointed by the mayor
of the City, and three Employees of the fire department and three Employees of the police department, who shall be elected in
accordance with subsection (b) of this section.
(b) The election of the trustees from the Employees of the fire department and the police department shall be held by
per capita vote of all active and retired Employees of each of the respective departments who come within the purview of this article.
An election to elect the members of the fire department and police department to serve as trustees shall be held every two years.
(c) If a vacancy occurs in the office of trustee, the vacancy shall be filled for the unexpired term in the same manner as
the office was previously filled.
(d) The trustees shall serve without compensation, but they may be reimbursed from the expense fund for all necessary
expenses which they may actually expend through services on the Board.
(e) Each trustee shall after his appointment or election take an oath of office before the City clerk, that so far as it
devolves upon him he will diligently and honestly administer the affairs of the Board, and that he will not knowingly violate or
willingly permit to be violated any of the provisions of the law applicable to the System. Such oath shall be subscribed to by the
member making it and certified by the City clerk and filed in his office.
(f) Each trustee shall be entitled to only one vote on the Board. Five votes shall be necessary for a decision by the
trustees at any meeting of the Board.
(g) Any trustee who neglects the duties of his office shall be removed by the Board.
(h) Subject to the limitations of this article, the Board may from time to time establish rules and regulations for the
administration of the Fund and for transaction of its business, including provisions for compulsory attendance of its members, which
shall have the force of law.
(i) The Board shall elect from its number a chairman and a secretary. It shall engage such actuarial and other services as
shall be required to transact the business of the System. The compensation of all persons engaged by the Board and all expenses of the
Board necessary for the operation of the System shall be paid at such rates and in such amounts as the Board shall agree, but in no
case shall the expenditures for such services or operations exceed three percent of the maximum of the Fund for each fiscal year. All
funds shall be disbursed by the Board.
(j) The Board shall designate a medical board to be composed of three physicians who shall arrange for and pass upon
all medical examinations required under the provisions of this article. The medical board shall investigate all essential statements or
certificates made by or on behalf of a member in connection with an application for disability or retirement and shall report its
conclusions and recommendations in writing to the Board upon all matters referred to it. The payment for such services shall be
determined by the Board.
(Election of 11-2-99)
Sec. 77. Duration of retirement pension; contributions upon retirement.
Pensions granted to retired members shall be paid to them for life and shall not be revoked nor in any way diminished except
as provided in this System. A member's payments to this fund shall cease upon the earlier of his retirement and acceptance of a
pension or his election to participate in the DROP adopted in accordance with section 79.
(Laws of Fla., 1945, ch. 23414, § 20; election of 11-2-99)
Sec. 78. Nonassignability of pension.
No benefits provided by the System shall be assignable or subject to garnishment for debt or to other legal process, and no
pension provided by this System shall be subject to any deductions or assessments by the City. No benefits provided by the system
shall be altered or modified in any respect due to the fact that any member may be the recipient of any benefits from any other pension
or pension plan; provided, however, workers' compensation benefits paid by the City to a retired member shall be credited against any
pension payments payable on account of permanent and total disability incurred in the line of duty in the police or fire department, or
in the unclassified service as provided in section 66(a)(2).
(Election of 11-2-99)
Sec. 79. Deferred Retirement Option Plan (DROP).
A Deferred Retirement Option Plan ("DROP") shall be adopted and administered by the Board. The DROP shall contain such
terms and provisions as may be necessary to reflect the terms of the bargaining agreements between the City and the International
Association of Firefighters (IAFF) ratified by the City Commission on September 23, 1998 and between the City and the Fraternal
Order of Police (FOP) ratified by the City Commission on July 15, 1998, and any amendments to those agreements. The DROP shall
also contain such other terms and provisions as the Board deems necessary and appropriate for the proper administration of the DROP.
The terms and provisions of the DROP shall be incorporated into this article by reference and shall be deemed to be a part of the
System.
(Election of 11-2-99)
Sec. 80. Assets to be held in trust; rights of members on termination of System.
All assets of the Fund shall be held by the Board in trust for use in providing the benefits of the System and paying its
expenses not paid directly by the City; provided that no part of the corpus or income of the Fund shall be used for, or diverted to,
purposes other than for the exclusive benefit of members or their beneficiaries under the System, prior to the satisfaction of all
liabilities for benefits with respect to them or for the administrative expenses of the System. No person shall have any interest in or
right to any part of the earnings of the Fund, or any rights in, or to, any part of the assets thereof, except as and to the extent expressly
provided by the System. In case of termination of the System, or in the event of the discontinuance of contributions thereunder having
the effect of such termination, the rights of all members of the System to benefits accrued to the date of such termination or
discontinuance, to the extent then funded, shall be nonforfeitable.
(Election of 9-28-76; election of 11-2-99)
Sec. 81. Examination into facts upon which any pension has been granted.
The Board shall have the power to examine into the facts upon which any pensions are granted under this System, and to
ascertain if any pension has been granted or obtained erroneously, fraudulently or illegally for any reason. The Board shall also be
empowered to purge the pension rolls of any pensions granted under this System, if the same are found to be erroneous, fraudulent or
illegal for any reason; and to reclassify any pensioner who, under this System, is erroneously, improperly or illegally classified.
(Laws of Fla., 1945, ch. 23414, § 22; Laws of Fla., 1947, ch. 24714, § 3; election of 11-2-99)
Sec. 82. Military service.
(a) Any member of the System or any probationary employee in the fire or police department who is absent from the
service of the City because of service in the uniformed services of the United States (as defined in the Uniformed Services
Employment and Reemployment Rights Act of 1994) who returns to the service of the City having applied to return while his
reemployment rights were protected by law, shall be entitled to all retirement rights and privileges under this system if such member,
or such probationary employee after he becomes a member, contributes the amount such member or probationary employee would
have contributed had he been a member during the period of service in the uniformed services for which credit is being purchased, and
creditable toward service retirement as provided in this section. The amount of any such contributions shall be determined based on
the member's Salary in effect immediately prior to such period of absence and the terms of the System in effect at that time. The
member shall make any such payments to the System during a repayment period equal to the lesser of (i) three times the member's
period of absence for service in the uniformed services or (ii) five years. The repayment period shall begin on the later of (i) the date
the member is reemployed by the City and (ii) the date the City notifies the member of his rights under this section.
(b) A member who has at least 20 years of Creditable Service and who is entitled to receive benefits under the System
may contribute an additional amount to the System in order to receive service credit for his years of active military service in the U.S.
Army, Navy, Air Force, Marines or Coast Guard occurring prior to his date of employment with the City. A member may purchase up
to four years of such service. The price for each such year shall be 10% of the aggregate of his Salary during the 12 calendar months
immediately preceding the date of such purchase; and such price shall be prorated accordingly if a member's election includes a
fractional year of service. Any additional benefits attributable to service purchased under this subsection (b) shall be determined in
accordance with the three percent benefit rate as described in section 66(b)(1) or 66(h)(1)(A), as the case may be.
(Laws of Fla., 1945, ch. 23414, § 24; Laws of Fla., 1947, ch. 24709, § 9; Laws of Fla., 1951, ch. 27734, § 4; Laws of Fla., 1953, ch.
29286, § 13; election of 11-2-99)
Sec. 83. Limitations on benefits.
(a) In addition to the other limitations set forth in this System and notwithstanding any other provision of the System to
the contrary, the maximum annual pension payable under the System shall not increase to an amount in excess of the amount
permitted under section 415 of the Internal Revenue Code, with such limitation specifically subject to subsections (F), (G) and (I) of
section 415(b)(2) of the Internal Revenue Code and sections 415(b)(11), 415(k)(3) and 415(n) of said Code.
(b) For purposes of applying the limitations of section 415 of the Internal Revenue Code, the term "compensation" shall
be determined by reference to the provisions of subsections (1) and (2) of Title 26 of the Code of Federal Regulations, section 1.415-
2(d), as modified by subparagraph (10) of that regulation and by section 1434(a) of the Small Business Job Protection Act of 1996.
(Election of 11-7-89; election of 11-2-99)
Sec. 84. Distribution limitation.
Notwithstanding any other provision of this System, all distributions from this System shall conform to section 40 l(a)(9) of
the Internal Revenue Code in general and to section 401 (a)(9)(C) of the Internal Revenue Code in particular.
(Election of 11-2-99)
Sec. 85. Distribution to retirement plan.
(a) Election by distributee. This section applies to distributions made on or after January 1, 1993. Notwithstanding any
provision of this article to the contrary that would otherwise limit a distributee's election under this section, a distributee may elect, at
the time and in the manner prescribed by the Board, to have any portion of an eligible rollover distribution paid directly to an eligible
retirement plan specified by the distributee in a direct rollover.
(b) Definitions. The following words, terms and phrases, when used in this subsection, shall have the meanings ascribed
to them in this subsection, except where the context clearly indicates a different meaning:
Direct rollover means a payment by the System to the eligible retirement plan specified by the distributee.
Distributee includes an employee or former employee. In addition, the employee's or former employee's surviving spouse or
domestic partner is a distributee with regard to the interest of the spouse or domestic partner.
Eligible retirement plan means an individual retirement account described in section 408(a) of the Internal Revenue Code, an
individual retirement annuity described in section 408(b) of the Internal Revenue Code, an annuity plan described in section 403(a) of
the Internal Revenue Code, or a qualified trust described in section 401(a) of the Internal Revenue Code, that accepts the distributee's
eligible rollover distribution. However, in the case of an eligible rollover distribution to the surviving spouse or domestic partner, an
eligible retirement plan is an individual retirement account or individual retirement annuity.
Eligible rollover distribution means any distribution of all or any portion of the balance to the credit of the distributee; except
that an eligible rollover distribution does not include any distribution that is one of a series of substantially equal periodic payments
(not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies)
of the distributee and the distributee's designated beneficiary, or for a specified period of ten years or more; any distribution to the
extent such distribution is required under section 401 (a)(9) of the Internal Revenue Code; and the portion of any distribution that is not
includable in gross income.
(Election of 11-2-99; election of 11-6-01)
Sec. 86. Special rules for members employed by the City on or after May 19, 1993.
(a) For purposes of determining the provisions of the System which apply to a member who was employed by the City
prior to May 19, 1993, and is rehired on or after May 19, 1993, if such a member did not receive a distribution of his accumulated
contributions upon his termination of employment, he shall be treated as a member employed by the City prior to May 19, 1993; in all
other cases, the member shall be deemed a new employee as of his date of reemployment and the provisions of the plan applicable to
new members on and after May 19, 1993, shall govern.
(b) Notwithstanding anything in this article to the contrary, on and after September 30, 2000, all May 1993 Members
shall be treated as if they were employed by the City prior to May 19, 1993, for purposes of determining their benefits under the
System. May 1993 Members may purchase creditable service for their probationary period during the period beginning on June 30,
2000, and ending on September 30, 2000, if they are still employed by the City at that time. Any such purchase shall be on such terms
and conditions as the Board shall, in its sole discretion, determine.
(Election of 11-2-99)