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Ordinance 1458 ORDINANCE NO. 1453 AN ORDINANCE AMENDING ORDINANCE NO. 845 OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "AN ORDINANCE PROVIDING FOR THE CREATION AND MAINTENANCE OF A PENSION AND RETIREMENT SYSTEM FOR CERTAIN EMPLOYEES OF THE CITY OF MIAMI BEACH, FLORIDA". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Section 2 .26.01 of Ordinance No. 845 of the City of Miami Beach, Florida, reading as follows: "2 .26 Service (Length of) : Length of Service shall be determined as follows: . 01 For those Employees who, on the first day of July, 1948, are members of the Pension Annuity and Retirement System created by Ordinance No. 734 of the City, Length of Service shall mean that period of service beginning on the day upon which such Employee first became a Member of the System created by this Ordinance, together with all service credit granted to him under the terms of said Ordinance No. 7342 and ending on the date under consideration, excluding all the periods, after becoming a Member of this System, during which such Employee was not in the employment of the City following resignation, or was employed on a provisional or other temporary basis during which no contributions to this System were made. " be and the same is hereby amended to read as follows: "2 .26 Service (Length of) : Length of Service shall be determined as follows: . 01 For those Employees who, on the first day of July, 1948, are members of the Pension Annuity and Retirement System created by Ordinance No. 734 of the City, Length of Service shall mean that period of service beginning on the day upon which such Employee first became a Member of the System created by this Ordinance, together with all service credit granted to him under the terms of said Ordinance No. 734, and ending on the date under consideration, excluding all the periods, after becoming a Member of this System, for which no authorized contributions to this System were made. " SECTION 2. That Section 2 .26.02 of Ordinance No. 845 of the City of Miami Beach, Florida, reading as follows: "2.26. 02 For all other Employees, who become Members under the provisions of this Ordinance, after the first day of July, 19482 Length of Service shall mean that period of service beginning on the day upon which such Employee first becomes a Member under the provisions of this Ordinance, and ending on the date under consideration, excluding all intervening periods during which such Employee was not in the employ of the City following resignation, lay-off, suspension, dismissal or expiration of any term of employment, or was employed on a provisional or other temporary basis during which no contributions to this System were made. " be and the same is hereby amended to read as follows: "2 .26.02 For all other Employees, who become Members under the provisions of this Ordinance, after the first day of July, 1948, Length of Service shall mean that period of service beginning on the day upon which such Employee first becomes a Member under the provisions of this Ordinance, and ending on the date under consideration, excluding all inter- vening periods for which no authorized contributions to this System were made. " SECTION 3. That Section 5. 04. 04 of Ordinance No. 845 of the City of Miami Beach, Florida, reading as follows: "5.04.04 Any Employee Member who shall be incapacitated within the terms of the State Workmen 's Compensation Law, for the period of such Workmen's Compensation payments, shall have the privilege of deferring his Disability Retirement Allowance, and of contributing to this System at the rate and on the salary basis which determined the amount of his contributions at the time the incapacity occurred. In the event such election is made, and such contributions are regularly made, credits shall be made to his account in the same manner as though he were in active service with the City. " be and the same is hereby amended to read as follows: "5 .04.04 Any Employee Member who shall be incapacitated within the terms of the State Workmen 's Compensation Law or any Retirant who is entitled to receive a Disability Retirement Allowance who shall have been incapacitated within the terms of said law, for the period of such Workmen's Compensation payments, shall have the privilege of contributing to this System at the rate and on the salary basis which determined the amount of his contributions at the time the incapacity occurred and, during such period, the Disability Retirement Allowance of said Retirant shall be deferred. In the event such election is made, and such contributions are regularly made, Creditable Service shall be credited to the respective accounts in the same manner as though said Employee Member or said Retirant were in active service with the City. " SECTION 4. That Section 5A. 04.04 of Ordinance No. 845 of the City of Miami Beach, Florida, reading as follows: "5A.04.04 Any Employee Member who shall be incapacitated within the terms of the State Workmen 's Compensation Law, for the period of such Workmen's Compensation payments, shall have the privilege of deferring his Disability Retirement Allowance, and of contributing to this System at the rate and on the salary basis which determined the amount of his contributions at the time the incapacity occurred. In the event such election is made, and such contributions are regularly made, Creditable Service shall be credited to his account in the same manner as though he were in active service with the City. " - 2 - be and the same is hereby amended to read as follows: "5A.04. 04 Any Employee Member who shall be incapacitated within the terms of the State Workmen 's Compensation Law, or any Retirant who is entitled to receive a Disability Retirement Allowance, who shall have been incapacitated within the terms of the said law, for the period of such Workmen 's Compensation payments, shall have the privilege of contributing to this System at the rate and on the salary basis which determined the amount of his contributions at the time the incapacity occurred and, during such period, the Disability Retirement Allowance of said Retirant shall be deferred. In the event such election is made, and such contributions are regularly made, Creditable Service shall be credited to the respective accounts in the same manner as though said Employee Member or said Retirant were in active service with the City. " SECTION 5. That Section 5A.04.05 of Ordinance No. 845 of the City of Miami Beach, Florida, reading as follows: "5A.04. 05 Upon retirement for disability, a Retirant shall be entitled to a Retirement Allowance which can be provided actuarially from a fund equal to two (2) times his final average annual earnings, or the actuarial equivalent of the present value of his credits accrued to the date of the disability, computed as provided in Sub-section 5A.03.04, based on mortality tables adopted by the Board, but not less than Seven and 80/100 ($7 .80) Dollars multiplied by the number of years of Creditable Service. " be and the same is hereby amended to read as follows: "5A. 04.05 Upon retirement for disability, a Retirant shall be entitled to a Retirement Allowance which can be provided actuarially from a fund equal to two (2) times his final average annual earnings, or the actuarial equivalent of the present value of his credits accrued to the date of the disability, computed as provided in Sub-section 5A.03.04, based on mortality tables adopted by the Board, but not less than Seven and 80/100 ($7 .80) Dollars multiplied by the number of years of Creditable Service, provided, however, that if, at the time of such retirement for disability, the Member is eligible for service retirementthen, and in such event, the Retirement Allowance of such Retirant shall be no greater than he would be eligible to receive under service retirement. " SECTION 6. That all ordinances or parts of ordinances in conflict herewith be and the same hereby are repealed. SECTION 7 . That this ordinance shall go into effect immediately upon its passage and posting as required by law. PASSED and ADOPTED this 5th day of September, A. Dv 1962. AT S / Mayor City Clerk lst reading - August 15, 962 2nd reading - August 15, 1962 3rd reading - September 5 , 1962 POSTED - September 5 , 1962 -3- STATE OF FLORIDA COUNTY OF DA..DE I, R. �.�M. L. JOHNSON, City Clerk in and for the City of idiami Beach, Florida, do hereby certify that ordinance ivo. 1458 entitled "AN ORDINANCE AMENDING ORDINANCE NO. 845 OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED: 'AN ORDINANCE PROVIDING FOR THE CREATION AND MAINTENANCE OF A PENSION AND RETIREMENT SYSTEM FOR CERTAIN EMPLOYEES OF THE CITY OF MIAMI BEACH, FLORIDA' " having been passed and ado-oted by -the City Conncil of the City of Miami Beach, Florida, has been posted by me in three conspicuous places in the City of dianii Beach, one of which was at -the door of the City Hall in said City on -the 5th day of September, 1962, and that said Ordinance remained posted for a period of at least thirty days in accordance with the require«ients os the City Charter of the said City of Miami Beach IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal o-f the City of Miami Beach, Florida, on this the 17th da-, of October, 1962. City Jerk. 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