Ordinance 1486 ORDINANCE NO. 1486
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", PROVIDING INSURANCE FOR DEATH
RESULTING FROM SERVICE CONNECTED INJURIES, EXCEPT
WHERE INJURY IS CAUSED BY AN ACT OF WAR.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 2.02 of Ordinance No. 845 of the City of Miami
Beach, Florida, reading as follows:
"2.02 Beneficiary: The surviving person or persons designated by
the Employee Member or Retirant in the last
written designation on file with the Board, or in the absence of
such survivor or of such designation, the estate of the deceased
Member or Retirant, subject to the provisions of Section 5.06 and
5A.05. "
be and the same is hereby amended to read as follows:
"2.02 Beneficiary: The surviving person or persons designated by
the Employee or Retirant in the last written
designation on file with the Board or, in the absence of such
survivor or of such designation, the estate of the deceased Employee
or Retirant, subject to the provisions of Sections 5.06 and 5A.05. "
SECTION 2. That Section 2.11 of Ordinance No. 845 of the City of Miami
Beach, Florida, reading as follows:
"2.11 Employee: Any officer, department head, servant or agent of
the City, regularly receiving compensation from
the City for personal services; except, unless otherwise qualified,
members of the City Council, members of Boards or Commissions,
officers and employees who receive no salary or a nominal salary,
or persons who are employed upon a provisional, original probationary,
or other temporary basis. For purposes of this Ordinance, a Member
who is injured in line of duty, and who is receiving benefits under
the provisions of the Workmen's Compensation Act, shall be considered
an Employee during the periods covered by such benefits. In all
cases in which the above definition requires interpretation, the Board
shall decide who is an Employee within the intent of this Ordinance. "
be and the same is hereby amended to read as follows:
"2.11 Employee: Any officer, department head, servant or agent of
the City, regularly receiving compensation from the
City for personal services; except, unless otherwise qualified, members
of the City Council, members of Boards or Commissions, officers and
employees who receive no salary or a nominal salary, members of the
City Pension Fund for Firemen and Policemen in the City of Miami Beach
or persons who are employed upon a provisional, original probationary,
or other temporary basis.
Persons who are members of the aforesaid City Pension Fund for Firemen
and Policemen or are employed upon a provisional, original probationary
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or other temporary basis
/are not eligible to participate as Members of this System
nor receive any benefits from it except that, for the purposes
of Section 5B hereof, such persons shall be considered Employees.
For purposes of this ordinance, a Member who is injured in line
of duty, and who is receiving benefits under the provisions
of the Workmen 's Compensation Act, shall be considered an
Employee during the periods covered by such benefits. In all
cases in which this definition requires interpretation, the
Board shall decide who is an Employee within the intent of
this ordinance. "
SECTION 3. That Ordinance No. 845 of the City of Miami Beach, Florida
be and the same is hereby amended by adding thereto, immediately
after Section 4. 10. 01. 08 a new subsection to read as follows:
"4. 10.01.09 After December 31, 1962, such amount as is
required to pay the costs of the benefits
provided under Section 5B hereof. "
SECTION 4. That Ordinance No. 845 of the City of Miami Beach, Florida
be and the same is hereby amended, by adding thereto,
immediately after Section 4. 10.02 . 05 a new subsection to read as follows:
"4. 10. 02 .06 After December 31, 1962, the amount required
to provide the benefits payable to the
Beneficiary of an Employee under Section 5B hereof. "
SECTION 5. That Ordinance No. 845 of the City of Miami Beach, Florida
be and the same is hereby amended by adding thereto, immed-
iately after Section 5A thereof, a new section to read as follows:
"SECTION 5B
. 01 Upon the death of any Employee, except where such death
is caused by an act of war, if the Board shall find, on the
basis of a report of the Physical Examiners and such other
evidence as may be submitted to it, that such death was the
natural and proximate result of injuries sustained in an
accident occurring at a definite time and place while such
Employee was in the actual performance of his duty, there shall
be paid to the designated Beneficiary of such Employee or,
where no Beneficiary is designated, to his estate, a lump sum
equal to $20, 000. 00. In lieu of such lump sum payment, the
designated Beneficiary may elect, by written disposition duly
executed and filed with the Board, subject to the approval
of the Board, to receive a Pension which shall be equal to
the amount which can be provided by the amount of the lump
sum, based on tables and procedures adopted by the Board and
in effect at the time of the death. "
SECTION 6. That Section 8.04 of Ordinance No. 845 of the City of
Miami Beach, Florida, reading as follows:
"8. 04 No provision of any other law, or ordinance, which
provides wholly or partly, at the expense of the City,
for retirement allowances, pensions, or
ether benefits for
employees of the City, their widows o fendents, shall apply
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to Members or Beneficiaries of the System, established by
this Ordinance; provided, however9 that any amounts payable
by the City under the provisions of the State Workmen a s
Compensation or similar law, to a Member or to the Dependent
Beneficiary of a deceased Member, on account of service
connected disability or death, shall be payable in addition
to the benefits provided hereunder. "
be and the same is hereby amended to read as follows:
"8. 04 No provision of any other law or ordinance, which
provides wholly or partly, at the expense of the
City, for retirement allowances, pensions, or other benefits
for employees of the City, their widows or other dependents,
shall apply to Members or Beneficiaries of the System
established by this ordinance; provided, however, that any
amounts payable by the City under the provisions of the
State Workmen 's Compensation or similar law shall be payable
in addition to the benefits provided hereunder.
SECTION 7 . That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 8. That this ordinance shall become effective when 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.
PASSED and ADOPTED this 17th day of April, A. D.
1963.
IF Vice Ma/yor _
A TTES'�`':
City Clerk
1st reading - April 3, 1963
2nd reading - April 3, 1963
3rd reading - April 17, 1963
POSTED - April 17, 1963
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STATE OF FLORIDA
COUNTY OF DADE:
I , R. WM. L. JOHNSON, City Clerk of the City
of Miami Beach, Florida, do hereby certify that
Ordinance No. 1486 entitled:
"AN ORDINANCE AMENDING ORDINANCE NO. 845 OF THE CITY
OF MIAMI BEACH, FLORIDA, ENTITLED 'A.N ORDINANCE PROVIDING
FOR THE CREATION AND MAINTENANCE OF P_ PENSION AND RETIRE-
MENT SYSTEM FOR CERTAIN EMPLOYEES OF THE CITY OF MIAMI
BEACH, FLORIDA" , PROVIDING INSURANCE FOR DEATH RESULTING
FROM SERVICE CONNECTED INJURIES, EXCEPT WHERE INJURY IS
CAUSED BY AN ACT OF WAR"
having been passed and adopted by the City Council of the
City of Miami Beach, Florida, has been posted by me in
three conspicuous places in the City of Miami Beach, one
of which was at the door of the City Hall in said City on
the 17th day of April, AID. 19 63 and that said
Ordinance remained posted for a period of at least thirty
days in accordance with the requirements of the City
Charter of the said City of Miami Beach.
IN WITNESS WHEREOF I have hereunto set my hand
and affixed the official seal of the City of Miami Beach,
Florida, on this the 5th day of June 1963.
City Cl
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