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Ordinance 845 g- PI 5 1.01 ORDINANCE NO. 81+5 AN ORDINANCE PROVIDING FOR THE CREATION---- AND MAINTENANCE OF A PENSION AND RETIRE- MENT SYSTEM FOR CERTAIN EMPLOYERS OF THE CITY OF MIAMI BEACH, FLORIDA • BE IT ORDAIIQ1l) BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. CREATION .01 Authorization and Creation: Under and by authority of Chapter 18691, Laws of Florida, Acts of 1937 as amended, a Retirement and Pension System for employees of the City of Miami Beach, Florida, is hereby established and placed under the direction of the Board of Trustees, hereinafter provided for. .02 Purpose: The purpose of this System is to establish a sound and efficient means of providing retirement allowances and pensions, and other benefits, for qualified and eligible employees of the City of Miami Beach, Florida, thereby assisting such employees to provide for old ago, disability, death and termination of employment, and so effect greater economy and efficiency in the public service by furnishing an orderly method of retiring, without hardship or prejudice, employees who have become aged or otherwise incapacitated. .03 Name: The System, so created, shall be mown aQe "City of Miami Beach:inpls,yees Retirement "SvsW in;, All affairs and business of such system shall the-rancto T �p - _uch name. w vd ' .04 Effective Date: This Ordinance shall become effective on the first day of July, 1948, provided it shall have first been approved by a majority of the qualified voters of the City of Miami Beach, .71 rida, voting on the same at an election called for that purpose. 2 SECTION 2. DEFINITIONS: Certain words and phrases when used in this Ordinance shall for the purpose of this Ordinance have the meanings respectively ascribed to them in this Section, except in those instances where the co text clearly indicates a different meaning: .01 Actuarial Tables: Such tables, based on mortality and other experi- ence, as the Board shall, from time to time adopt for use in the operation of this System. .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 5.07 hereof. .03 Beneficiary (Dependent): A person who, at the death of the Employee Member or Retirant, was dependent upon, or received substantial support from, such Employee Member or Retirant, and who shall have been designated by written disposition duly executed and filed with the Board. When so designated, a legal wife or husband and - - minor children of either or both, shall be considered to be dependent because of relationship. Other persons named by the Employee Member or Retirant as Dependent Beneficiaries, whether related or not, shall be considered dependent only if evidence to the effect that such person or persons received their main support from the Pmployee Member or Retirant immediately preceding his death, is presented to the Board, and the Board shall find such evidence satisfactory.( The marriage or the attain- ment of age twenty-one (21) shall be „rima f i A evi denc e of the tarmi na tlj on of dependency of any Dependent Beneficiary within the intent of this Ordinance. ) .04+ Board: The Board of Trustees of the System created by this Ordinance, as provided for in Section 6.01 hereof. .05 City: The City of Miami Beach, Florida. .06 Contributions: .01 Additional Contributions: The amounts ;paid into this System, under the provisions of Section 4.02, as payroll deductions, which are in addition to the Normal Contri- butions, together with such gifts and gratuities as are approved by the Board and credited to account of a Member or Retirant. .02 Accuimilated Additional Contributions: The sum of all Addit- ional Contributions of or on behalf of a Membor, contributed on or after the first day of July, 1948, with interest thereon; and for those Members who become such under the provisions of Section 3.03, including the amount of Additional Contri- butions -'transferrea frcu,l the system under Ordinance No. 734, with interest thereon; or the balance of such sum at the time under consideration. 2.06.03 .03 City Normal Contributions: The amounts required to be paid to this System by the City on behalf of each Employee Member to match the Employee Normal Contributions as specified in Sub-section 4+.04.01.01 hereof. .04 Accurmzated a ty uouw. coutIioile: The sum of all C: &y Normal Contributions on behalf of a Member contributed on or after the first day of July, 1948 with interest thereon; and for those Members who become such under the pro- visions of Section 3.03, including the amount of City Normal Contributions transferred from the system under Ordinance No. 734 and the added credits provided for in Sub-section 4+.05.03.02, with interest thereon; or the balance of such sum at the time under consideration. • .05 Employee Normal Contributions: The amount required to be contributed by each Employee Member, as provided -for in Section +.01. .06 Accumulated Employee Normal Contributions: The sum of all Employee Normal . Contributions contributed on or after the first day of July, 1948, with interest thereon; and for those Members who become such under the provisions of Section 3.03, including the amount of Employee Normal Contributions trans- ferred from the system under Ordinance No. 734, with interest thereon; or the balance of such sum at the time under consideration. -.07 Total City Credit: The sum of all City Normal Contributions, together with the amount credited for Past Service, to the account of an individual Member, with interne thereon; or the balance of such sam at the time under consideration. .08 Total Employee Credit: The sum of all Employee Normal Con- tributions and all Additional Contri- butions to the account of an individual Member, with interest thereon; or the balance of such sum at the time under consideration. .09 Accumulated Total 'Credit: The sum of all Employee Normal Contributions, Additional Contri- butions and City Normal Contributions, together with the amount credited for Past Service, to the account of an individual Member, with interest thereon; or the balance of such sun at the time under consideration. .07 Council: Tho City Council of the City of Miami Beach, Florida. .08 Dividend: i_n such cases as the Board shall prescribe a Rate of In- terest greater than three (3) per cent as provided in Sub- section 2.21.04E, the amount in excess of the throe (3) per cent credited to the accounts from which Retirement Allowances or Pensions are paid as pro- vided in Sub-section 2.21.01, shall be considered a Dividend, payable in a lump sum. .09 Earnings: An amount equal to the sum of the gross compensa.tie_n nor- 3 orally and actually paid to an Employee Member for the per- formance of personal services for the City on a regular payroll; and the value, as determined by the Board, of any maintenance, board, living quarters clothing, personal laundry, or other allowances provided by the City in lieu of money. 2.10 .10 Earnings (Average): The average earnings during the entire period of Creditable Service of an Employee Mombor; pro- vided that average earnings for tho period of. Creditable Service prior to July 1, 1945, shall be computed as equal to the average earnings for Credit- able Service under Ordinance No. I+98 within the period. from January 1, 1939 to January 1, 1945. .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 Ordi- . nance, 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 diring the periods covered by such benefits. In all cases in which the abo 'e definition requires interpretation, the Board shall decide who is an Employee within the intent of this Ordinance. .12 Employee Member: Any Member who, on or after the first day of July, 1948, is in service with the City as an Employee. .13 Fiscal Year: The Fiscal Year shall be the same as the calendar year. .14 Member: Any person participating in this System, as specified in Sections 3.02 and 3.03 hereof. Such person shall be con- strued to be a Member until such time as he shall receive a Separation Refund, be retired for disability or service and receive monthly or lump sum benefits, or shall die prior to Retirement. .15 Or inane nr^ 498: Sh1r�1 mon„ Or.7 L 98 . f the C•+ Council _� iiwii� -r^-s •FJv. �.- _ ...�,..... ��«iil,:uii.c; No. T/v of City of the City of Miami Beach, Florida, - entitled: "ATT ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, ESTABLISH- ING A PENSION, ANNUITY APP RETIREMENT SYSTEM FOR EMPLOYEES IN THE SERVICE OF THE SAID CITY OF MEAMI BEACH: PROVIDING FOR DISABILITY AND DEATH BENEFITS: PROVIDING FOR CON'hIBUTION TO THE COST THEREOF ON AN ACTUARIAL BASIS: PROVIDING FOR TSC MANNER R IN TIHICH EMPLOYEES MAY COME UNDER THE OPERATION OF SAID SYSTEM: PROVIDING FOR REPA I T TO MEMBERS LEAVING THE SERVICE OF SAID CITY: PROVIDING FOR THE INVESTMENT OF FUNDS CREW^Ty T) UNDER SAID SYSTEM: PROVIDING FOR THE ADMINISTRA'1'l0N AND OPERATION OF SAID SYSTEM AND PROVIDING FOR THE SUBMISSION OF THIS ORDINANCE TO A R}FERENDUM OF QUALIFIED VOTERS OF SAID CITY: PROVIDING WHEN THIS ORDINANCE SHALL TAKE EFFECT, AND OTHER MATTERS RELATING THERETO." .16 Ordinance No. 73i : Shall moan Ordinance No. 734 of the City Council of the City of Miami Beach, Florida, entitled: "AN ORDINANCE PROVIDING FOR THE CREATION AND MAINTENANCE OF A PENSION, ANNUITY AND RETIREMENT SYSTEM FOR CERTAIN EMPLOYE= OF TIE CITY OF MIAMI BEACH, F'LO DA." .17 Pension: A series of equal monthly payments, payable at the end of each calendar month daring the life of a Pensioner. The first payment shall be pro-rated for any fraction of the month at the end of the first month for which such Pension is payable; and the last payment shall be so pro-rated and made at the end of the month in which death occurs. 2.18 .18 Pensioner: A Dependent Beneficiary, so designated by an Emoloyeo Member, who because of such Member's subsequent death, is receiving; a Pension. Such person shall be considered a Pensioner, during such time as Pension is paid, until death occurs. .19 Physical Examiners: Shall mean the physicians provided for in Sub- section 6.01.06.08 of this Ordinance. .20 Police and Fire Pension Plan: Shall mean Chapter 23414, Laws of Florida, Acts of 1945, entitled: "AN ACT CREATING IN THE CITY OF MIAMI BEACH A SYSTEM OF PENSIONS FOR DISABILITY AND RETIEEMI1T FROM SERVICE OF MEMBERS OF POLICE AND FIRE DEPARTMENTS EMPLOYED BY APPOINTMENT OR OTHERWISE IN SAID DERAR'BVI T IN SAID CITY, AND TO PROVIDE A FUND IN SAID CITY TO BE KNOWN AS TBE CITY PENSION FUND FOR FL ENLN AND POLICEMEN AND PROVIDING FURTER FOR THE CREATION OF A BOARD OF TRUSTEES IN SAID CITY, PRESCRIBING THE POWERS AND DUTIES OF SUCH BOARD, PROVIDING FOR TFL' PAYMENT OF CERTAIN SUMS TO ALL PERSONS EMPLOYED IN THE FIRE AND POLICE DEPARTMENTS IN SAID CITY AS SHALL HAVE RETIRED AND .HAV.E BEEN RETIRED AND THEIR DE- PENDENTS, TO FURTHER PRESCRIBE TILE QUALIFICATIONS AS TO WHO SHALL BE ELIGIBLE AND WHO SHALL RECEIVE A PENSION UNDER THIS ACT; PROVIDING FOR THE INVESTMENT AND SAFEKEEPING OF THE FUNDS CREATED UNDER 'MIS ACT; PROVIDING FOR TUE REGULATION OF THE SUBJECT OF PENSIONS TO ALT, PERSONS ENTITLED TO RECEDE THE SANE AND TO PROVIDE EULFE AND REGU- LATIONS FOR Dill: ADMINISTRATION, OF '1aE FUND CPEO TL,D HEREUNDER; PRO- VIDING FOR TEL LEVY OF AD VALOREM AND EXCISE TAXES FOR SAID PENSION FUND; AND PROVIDING FOR TEE ENFORCEMENT OF THIS ACT; AND PROVIDING FOR THE SUBMISSION OF SAID ACT TO A REFERENDUM OF THE QUALIFIED VOTERS OF SAID CITY." .21 Rate of Interest: .01 Computations of Retirement Allowances and Pensions shall be based on interest at three (3) per cent compounded on unpaid balances, and interest shall be credited at such rate on all accounts from which monthly Payments are Dade. This shall not be construed to prevent the payment, to Retirants and Pensioners, of lump sum dividends for interest in excess of three (3) per cent during; such periods as the Board shall prescribe a rate higher than three (3) per cent, as provided in Sub-sections 2.21.04 and 4.07.01.02. .02 Interest due from the City on the unamortized portion of the City's obligation for Past Service credits shall be at the rate of three (3) per cent as provided for in Sub-section 4.04.01.02. .03 Interest on Additional Contributions shall not exceed the rate of three (3) per cent, nor shall it exceed the rate Provided for under Sub-section 2.21.04. .04 Interest on Accumulated Employee Normal Contributions and on Accumulated City Normal Contributions shall be at the rate of three (3) per cent compounded annually, or such other rate as may be pre- scribed by the Board, based on expected long term investment returns and the condition of the Reserve Fund, as provided in Sub-section 4.10.03. .05 Rate of Interest as provided for herein, shall also apply to the individual accounts of persons who are Participants in tho System created under Ordinance No. 734, and who do not elect to become Mem- bers of this System. 2.21. .0;` Where any Member's account becomes inactive by reason of separation from service without withdrawal of the Separation Refund, or by reason of deferring payment of benefits due, interest shall be credited at the rates prescribed by the Board and in effect at the time as provided herein. When a Retirant's or Pensioner's account becomes inactive after monthly payments have con:lensed, by reason of suspension or deferment of payments, interest shall be credited at the rate of three (3) per cent per annum compounded annually. All :payments of interest under this Sub- . section shall be limited to periods not to exceed five (5) years, after which no further interest shall be allowed. .22 Retirant: An Employee Member who has been retired either for Disability or Service, and who is receiving a monthly Retirement Allow- ance. Such person shall be considered a Retirant, during such time as Retirement Allowance is paid, until death. .23 Retirement: Separation from Service with the City of Miami Beach afts.r having met the requirements of this Ordinance for the pay- ment of a Retirement Allowance. .24 Retirement Allowance: A series of equal monthly payments, payable at the end of each calendar month during the life of a Retirant. The first Payment shall be pro-rated for any fraction of a month at the end of the first month for which Retirement Allowance is pay- able, and the last payment shall be so pro-rated and made at the end of the month in which death occurs. .25 Service: The rendering of personal services to the City by an Employee and for which, as such, regular compensation is paid by the City on City payrolls. .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, during which such Employee vas not in the employment of the City following resignation, cr was employedon a provisional or other tempo- rary basis during which no contributions to this System were made. .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 clay 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 resig- nation, lay-off, suspension, dismissal or expiration of any term of employ- ment, or was employed on a provisional or other temporary basis during which no contributions to this System were .,ado .27 Service (Creditable): The Length of Service prior to age seventy (70) or prior to the date on which retirement or other benefits become due as the result of application for such as herein provided, excluding all Periods prior to the date upon which a Member, 2.27 having received a Separation Refund or having joined the Police and Fire Pension Plan, again becomes a Member. .28 Service (Past Credit): All service prior to the first day of January, 19+8 for whin credit was granted as "Prior Service" under the provisions of Ordinance No. 498, and all service for which contributions were made under the provisions of Ordinances No. 498 and/or 734. 29. System: The City of Minm-i Beach Fm-lloyees Retirement System, the System created by this Ordinance. - 3.01 SECTION 3. PARTICIP!!TION .01 In order to receive adjustments and additional credits for Prior Service as provided in Sub-sections 4.05.03.02 and 4.06, Participants and Annuitants under the Retirement System created by Ordinance No. 734, must file application to avail themselves of the provisions of this Ordinance on or before the first day of July, 1948. Participants or Annuitants under the Retirement System created by Ordinance No. 734, who do not, on or before the • first day of July, 1948, file application to avail themselves of the pro- visions hereof, shall continue to be Participants and Annuitants under the provisions of the Retirement System created by Ordinance No. 734; provided, however, that such Participants of the System created under Ordinance No. 734 who do not, by the first day of July, 1948, elect to become Members of the System created hereby, may subsequently elect to become Members of this System, but no adjustments or additional credits shall be made for creditable service prior to the first day of July, 1948, or prior to the date of their becorni ng Members. .02 Any person who becomes an Employee, as herein_ defined, on or after the first day of July, 1948, unless he shall be eligible for and elect to come under the provisions of the Police and Fire Pension Plan, shall as a condition of his employment, become a Member herein as of the date such person becomes an Employee. .03 Any Participant under the Retirement System created by Ordinance No. 734, may elect to become a member hereunder, by filing a written appli- cation with the Board, and notice of'the right to so elect shall be given to all Participants under said Retirement System created under Ordinance No. 734, who are not Employees as heroin defined, not less than thirty (30) days prior to the effective date hereof, by registered mail addressed to the last known address of s,rh. Prti^ipant. .04 All persons who are Annuitants, on service or disability retirement, and all beneficiaries of any Participant or Annuitant under Ordinance No. 734, who have not received all the benefits to which they are entitled under Ordinance No. 734, may by filing application with the Board, on or before the first day of July, 1948, become Retirants or Pensioners hereunder. Notice shall be given of the right to so elect to come under the provisions of this Ordinance, to all such interested persons, not less than thirty (30) days prior to the first day of July, 1948, by registered mail addressed to the last known address. .05 Election of any Participant or Annuitant under Ordinance No. 734 to be- come a Member, Retirant or Pensioner under this Ordinance shall cancel and revoke all benefits to which he was entitled under the provisions of the Retirement System created by Ordinance No. 734. .06 Each Employee Member shall by virtue of the payment of the Normal Contri- butions required to bo paid to this System by means of payroll deductions, receive a vested interest in the benefits arising from Normal and Additional Contributions of suchnployee. The deductions provided for herein shall be made notwithstanding that the minimum compensation provided for by law for any Employee Member shall be reduced thereby. Every Employee Membr?^ shrol 0A deemed to consent and agreo to the deductions made and provided for herein and shall receipt for his full salary or compensation, and the payment of salary or compensation less said deduction shall be full and complete dis- charge and acquittance of all claims and demands whatsoever for services rendered by such persons during the period covered by such payment, except 3.06 as to the benefits under this Ordinance. The Personnel Department shall certify to the Board on each and every payroll, the amount deducted, and each of the said amounts shall be credited to the individual account of the Employee Member from whose compensation said deduction was made. .07 Should any Member, in any period of six (6) consecutive years, after becoming a Member, be absent from -service for more than five (5) years, or should he be granted a Separation Refund or Retirement Allowance, or should he die, he shall thereupon cease to be a Member. x+.01 SECTION 4. REVENUE .01 Every Employee Member shall make Employee Normal Contributions to this System of five (5) per cent of each and every payment of earnings appli- cable to his employment while a Member, on and after the first day of July, 1948, until such time as he shall reach the age of mandatory retirement; and if employment is continued under the provisions of Sub-section 5.03.02, the continuance of Employee Normal Contributions shall be optional with such Employee Member. .02 Any Employee Member may make Additional Contributions, not to exceed five (5) per cent of his earnings, he shall designate in writing. Such designation shall specify the percentage to be withheld as Additional Contributions, and shall be continued in force from year to year unless such Employee Member shall, by written notice, terminate such arrangement, or elect to contribute at a changed rate of deduction, at least thirty (30) days preceding the start of a new fiscal year. Additional Contributions ina be withdrawn only under the same conditions as Employee Normal Contributions are withdrawn; except that, upon approval of a Disability or Service Retire- ment, under the terms of this Ordinance, the Retirant may elect to withdraw, as a lump sum, all or any part of the Accumulated Additional Contributions standing to his credit, or may elect to use all or any part of such Accumu- lated Additional Contributions to provide an increased Retirement Allowance computed over, and payable for, his life expectancy, as established by the Actuarial Tables in effect at the time of his retirement. In the event of the death of such Retirant prior to the accumulated Additional Contributions having been fully paid out, the paytent shall be continued, so long as any balance of Accumulated Additional Contributions remain, at the same rate to a designated Dependent Beneficiary, or if no Dependent Beneficiary is desig- nated or survives, the balance of the Accumulated Additional Contributions shall be paid in a lump sum to a desi.matea Nes neper cnf Beneficiary, or to the estate if no Beneficiary is designated or survives. .03 Members of the System created by this Ordinance who later become eli- gible for and elect to join the Police and Fire Pension Plan shall be refunded all of their Total Employee Credit, and the Total City Credit saall be forfeited and transferred to the Reserve Fund of the System created by this Ordinance. The refund of the Total Employee Credit, under the pro- visions of this Section, shall have the effect of cancelling all Service Credits and other rights in this System, and such Service rights shall not be reinstated upon his subsequently becoming a member of this System, or for any other reason. .04+ After the first day of July, 1948, the City shall pay into the System created by this Ordinance: .01 At the end of each month: .01 A sum equal to two (2) times the total of all Employee Members' Normal Contributions for that month. .02 A uniform amount required to mmortize, over a period of thirty (30) years, following the `ff_:ive datil of this Ordinance, all of the City's obligations for credits, as of the first day of July, 1948, arising out of service prior to January 1, 1948; and a sum sufficient to provide three (3) per cent annual interest on the un- amortized portion of such obligations, which sum shall be regarded as interest earned. f 4.04.02 .02 At the end of each year: .01 An amount equal to two (2) times the amount contri- buted to the Service Disability Reserve Fund by Employee Members during the preceding year, as provided in Section 4.11. .02 Such amount as is required, to reimburse the System for payments, during the preceding year, of that portion of minimum Retirement Allowances not provided for by the credits of the individual Retirants whose credits were insufficient to produce the minimum Retirement Allowance provided for in Sub-section 5.03.05. • .05 There shall be credited to the account of each member, as of the first day of July, 1948: .01 To his account for Accumulated Employee Normal Contributions, the accumulated total of his Employee Normal Contributions under Ordinance No. 734. .02 To his account for Accumulated Additional Contributions, the accumulated total of his Additional Contributions under Ordinance No. f34 .03 To his account for Accumulated City Normal Contributions: .01 The accumulated total of his City Normal Contri- butions under Ordinance No. 731.. .02 An amount that would have been produced by a total joint contribution of fifteen (15) per cent of his average earnings, accumulated at three (3) per cent per annum interest com- pounded annually, over the entire period of Past Service Credit, reduced by the amount credited under Sub-section 4.05.01 and 4.05.03.01 of this Section, together with interest at the rate of three (3) per cent per annum to the first day of July, 1948. Average Earnings and Past Service Credit shall be computed as provided in Sections 2.09 and 2.28 respectively. .06 The accounts from which the annuities received under the provis.ior.s of Ordinance No. 734, aro paid, if such annuitants shall elect to receive benefits under the System created by this Ordinance, shall be adjusted to an amount that would have been provided by a total joint con- tribution of fifteen (15) per cent of Average E-rnings, accumulated at three (3) per cent interest compounded annually, over the period of Creditable Service, reduced by the amount of the annuity payments made and interest thereon, computed to the first day of July, 1948. .07 There shall be credited to the account of each Member, Retirant or Pensioner after the first day of July, 1948: .01 To his account for Accumulated Employee Normal Contributions: .01 The amount of his payroll deductions as provided for in Section 4.01, and .02 Interest at three (3) per cent per annum, or othe,• Rate of Interest as prescribed by the Board, on previous yearly balances and on current Emplorree Normal Contributions; except that where a Rate of Interest higher than three (3) per cent per 4.07.01.02 annum is prescribed by the Board_, the individual accounts from which Retire- ment Allowances and Pensions are being paid shall be credited at the rate of three (3) per cent per annum interest and the difference between the higher prescribed Rate of Interest per annum and three (3) per cent per annum shall be paid to the Retirant or Pensioner as a lump sum Dividend. .02 To his account for Accumulated Additional Contributions: .01 The amount of his payroll deductions as provided for in Section 1+.02, and .02 Interest at tnree k3) pew vontper annum , or other lower Rate of Interest as prescribed by the Board, on yearly balances and on current contributions. .03 To his account for Accumulated City Normal Contributions: .01 An amount equal to two (2) times the amount of current Employee Normal Contributions as provided in Section 1+.01, and , .02 Interest at three (3) per cent per annum, or c ther Rate of Interest as prescribed by the Board, on previous yearly balances and on current City Normal Contributions; except that where a Rate of Interest higher than three (3) per cent is prescribed by the Board, the individual accounts from which Retirement Allowances and Pensions are being paid, shall be credited at the rate of three (3) per cent Per annum interest, and the difference between the higher prescribed Rate of Interest per annum and three (3) per cent per annum shall be paid to the Retirant or Pensioner as a lump sum Dividend. .08 No further City funds shall be credited to the account of a Member when: .01 The amount credited to him as Total City Credit shall be, of itself, sufficient with interest computed thereon at three (3) per cent per annum compounded annually, to provide a Retirement Allow- ance of three thousand dollars ($3,000.00) per year at age sixty (60) years, or .02 The amount credited to him as Total City Credit shall be, of itself, sufficient with interest computed thereon at three (3) per cent per annum compounded annually, to provide a Retirement Allowance of sixty (6o) per cent of his average earnings, or .03 The Employee Member reaches the age of mandatory retirement. .09 There shall be charged against the account from which each Retirement Allowance or Pension is paid: .01 Against the account for Accumulated Employee Normal Contri- butions: .01 In cases of Disability Retirement, the proportion- ate part of the Retirement Allowance that the Accu- mulated Employee Normal Contributions is of the Accumulated Total Credit or Retirement v.ao • • 4.09.01.02 .02 In cases of Service Retirement, the entire amount of the Retirement Allowance shall be charged against the account for Accumulated Employee Normal Contributions until such account is exhausted. .03 In cases of death benefits, the entire amount of any lump sum advance, and the entire amount of the Pension shall be charged aainst the account for Accumulated Employee Con- tributions until such account is exhausted. .02 Age aat_th Contributions: .Ol In canes of Disability Retyrement, any lump sum • withdrawals, and the eropor I0 e part of the Re- tirement Allowance that the balance of the Accumulated Add..,-tonal Contri- butions is of the Accumulated Total Credit on which the Retireia. Allow-- once was based. .02 In cases of Service Retirement, any lump sum with- drawals, and the proportionate part of the Retire- ment Allowance that the balance of the Accumulated Additional Contributions is of the Accumulated Total Credit on which the Retirement Allowance was based. .03 In cases of death benefits, the proportionate part of the Pension that the Accumulated Additional Con- tributions is of the Accumulated Total Credit on which the Pension was based. .03 Against the account for Accumulated City Normal Contributions: .01 In cases of Disability Retirement, the proportionate part of the Retirement Allowance that the Accumu- lated City Normal Contributions is of the Accumulated Total Credit on which the Retirement Allowance was based. .02 In cases of Service Retirement, after the account for Accumulated Employee Normal Contributions is exhausted, the entire amount of the Retirement Allowance. .03 In cases of death benefits, any balance of a lump sum advance not available from Accumulated Employe^ Normal Contributions, and after the account for Accumulated Employee Normal Contributions is exhausted, the entire amount of the Pension. .10 There shall be established a Reserve Fund. .01 There shall be credited to the Reserve Fund: .01 By transfer from the System created under Ordinance No. 734, the balance of the Reserve Fund under that System, as of the effective date of this ordinance. .02 All interest earned on investments representing the assets of the System created by this Ordinance, ani. all interest on the unamortized portion of the City's liability for Past Service. • x+.10.01,03 .03 Total City Credit remaining at the death of a Member, Employee Member, Retirant or Pensioner, for which no • other disposition is provided under the terms of this Ordinance. .04 Any gifts or gnat t=.tios which may be received when the recipients of such gifts or gratuities are not specified. .05 Forfeitures arising by reason of Separation Refunds, or by reason of loss of membership through becoring a member of the Police and Fire Pension Plan or otherwise, subject to the restrictions provided in Section 4.12. .06 Income from any other source, and any gains chich may occur in the operation of the System. - .02 There shall be charged against the Reserve Fund: .01 The total of all interest, credited to individual accounts under this System and the Syst m. created. under Ordinance No. 734 for Employee Norral, Additional and City Mrma1 Contributions. .02 The amount required to pay interest at the rate of three (3) per cent per annum on yearly balances in the Service Disability Reserve Fund. .03 Payments of Retirement Allowances and Pensions to Retirants and Pensioners under this System, and of Annuities to Annuitants under the System created by Ordinance No. 734, for those Retirants, Pensioners or Annuitants who live beyond the computed years of expectancy and whose individual accounts have become exhausted. .04 Any other deficits which may occur in the operation pf the System. .03 In determining a Rate of Interest per annum other than three (3) per cent as provided in Sub-section 2.21.0+, the Board shall consider the investment experience over a period of not less than three (3) years, and shall also take into account gifts and forfeitures to the Reserve Fund in addition to investment returns, but there dhall be at all times maintained an adequate balance to provide for other charges against the Fund. Computations of the amount required to be maintained in the Fund for payment of Retirement Allowances and Pensions to those Retirants and Pensioners who live beyond their computed expectancy shall be based on the increased expectancy of life as it accrues for each Retirant or Pensioner in accord with the Expectancy Table adopted by the Board and in effect at the time of the computation, provided such amount shall at all times be maintained at not less than thirty thousand dollars ($30,000.00) . • .11 There shall be established a Service Disability Reserve Fund, into which shall be paid: .01 By transfer from the System created under Ordinance No. 734, an amount equal to the balance of all contributions rade by, and on behalf of, participants in the Service Disability Reserve Fund under Ordinance No. 734, who elect to become Members of the System created by this Ordinance, computed with three (3) per cent interest per annum. 4.11.02 .02 By an Employee Member who becomes such under the provisions of Section 3.03, and who elects to participate in the Service Dis- ` ability Reserve Fund, one-fourth (1/4) of one (1) per cent of his gross annual earnings, by annual deduction. .03 By an Employee Member who becomes such under the provisions of Section 3.02, one-fourth (1%1t.) of one (1) per cent of his gross earnings as -a Member, by annual deduction. .04 By the City, an amount equal to two (2) times the amount con- tributed by participants in the Service Disability Reserve Fund as provided for S geet. b.n' ,11.2.2.„02 and 4.71 .03, annually. .05 From the Reserve Fund as provided for in Section 4.10.02.02 of this Ordinance, an amount sufficient to provide interest at the rate of three (3) per cent per annum on the annual balance in the Service Disability Reserve Fund, annually. .12 Should the City Credits forfeited in any Fiscal Year under the provisions of Section 5.08.02 exceed five, (5) per cent of the total of all assets of the System, exclusive of the unamortized portion of the City's obligation for Past Service, at the close of that fiscal year, then the forfeitures in excess of such amount shall revert to the City. .13 Any Member of the Retirement System created by this Ordinance who is granted a Military Leave of Absence from service with the City for active duty as a member of the Armed Forces of the United States, shall have the privilege of continuing his Employee*Normal Contributions during the period covered by such. Leave, at the rate and on the salary basis which determined the amount of Employee Normal Contribution at the time such Mili- tary Leave was granted, the salary basis for such Members paid by the hour to be a forty-eight (48) hour Week; or such Member upon his return to his City duties may, within three (3) years thereafter, make a lump sum contri- bution equivalent to his accumulated Employee Normal Contributions for the period of Military Leave and interest thereon at three (3) per cent com- pounded annually. Notwithstanding the definition of "Creditable Service", or any other provisions of this Ordinance to the contrary, any period of Military Leave for which a Member contributes as provided above shall be deemed Creditable Service. .14 It is the intent that the payment of the required City Contributions and credits, and all expenses in connection with the administration and operation of this System, be made obligations of the City of Miami Beach, Florida, to the extent specified in the provisions of this Ordinance. The City covenants and agrees with the Employees who become Members .of this System, to annually make the necessary levy of taxes to raise funds for the purpose of making the City's contribution; and to appropriate, collect and pay the moneys resulting therefrom to the System under this Ordinance. 15. The City Council shall levy and collect a tax for each amount certified by the Board as the required contribution of the City for purposes of this System in accordance with the provisions hereof, in the same manner and at the same time as other advalorem taxes are levied and collected, and shall pay to this System as specified herein the amounts so certified by the Board. In determining the amount to be levied for such purpose, the experience of collectibility of taxes of the immediately preceding year shall be taken in- to account, and the appropriation and levy shall be such as to produce and nay during such Fiscal Year, the total amount certified as necessary by the Board. 5.01 SECTION 5. BFNWITS .01 All Participants and Annuitants under the Retirement System created by Ordinance No. 731,., who do not avail themselves of the provisions of this Ordinance, shall continue to receive the benefits provided for, and in the manner provided, in Ordinance No. 73)4-. .02 Should any R ployee Member be absent from service with the City for any reason other than approved vacation, sick or injury leave, or temporary absence with leave not exceeding three (3) months (other than Military Leave of Absence), his rights to any benefits in this System, except a Separation ,l(? ^ti.- l rte+ ace crl p1Y-11,Trrl Pf_ until such time as he shall return to service with the City as an Employee, and neither he nor his beneficiaries shall be entitled to�any benefits other than the refund of the Total Empl yce Credit during the period of such absence, except ag c nerwiUC LUCCifiC011t7 provided for in this Ordinance. .03 Any Em-nloyee Nonber who meets the requirements prescribed hereafter shall be eligible for service retirement, and shall be entitled to a Retirement Allowance beginning on the date specified in a written request for retirement by the E nloyee Member, but not prior to the discontinuance of his services to the City as an Employee, nor Prier to the receipt of a written request for such retirement. .01 After termination of employment, and upon meeting the following combinations of age and years of Creditable Service, an Em- ployee Member shall be eligible fov service retirement: AGE ti,i th CREDITABLE SERVICE 50 25 51 24 52 23 53 22 5)4. 21 55 20 56 17 5i 14 58 11 59 3 6o 5 Ago shall not be earlier than the birth-date on which the Employee Member becomes the required age. Creditable Service shall be as defined in Sub- section 2.2". .02 Any Employee Member who roaches the age of seventy (70) shall be mandatoril r retired no later than the first day of the month immediately following the attainment of such age; provided that upon written approval of the City Manager, in exceptional cases and for substan- tial reasons, such retirement may be deferred by the Board for periods not to exceed one (1) year at any one time. .03 The payment of a Retirement Ai lowanc e may be deferred by the Board at the request of an Employee Member who is eligible therefor under the provisions of Sub-section 5.03.01 and who elects to retire; provided that in no case shall deferments of more than five (5) years be granted. When such deferments are granted, interest shall be 5.03.03 accrued at the rate of three (3) per cent per annum, and the Retirement Allowance shall be computed as of the time the payments are commenced. .01i Should any Retirant or Pensioner be subsequently employed by the City in any capacity for which regular compensation is paid, the Retirement Allowance or Pension shall be suspended for the period of such employment, and no contributions or additional credits, other than accruing interest, shall be made to his account during the period of such employment. Upon termination of such employment, the Retirement Allowance or Pension shall be re-computed based on the Accumulated Total Credit as increased by accrued interest and the then expectancy of life of the Retirant or Pensioner, and monthly payments shall be resumed at the newly computed rate. .05 An 'Employee Member, upon Retirement, shall be entitled to a Retirement Allowance which shall be the amount which can be provided from the Accumulated Total Credit to his account at the time payments are commenced, based on tables and procedures adopted by the Board and in effect at the time of Retirement, except as provided with respect to Addition- al Contributions in Sub-section 4.02; and except that the minimum Retirement Allowance for an Employee Member who has ten (10) or more years of Creditable Service and who is at least sixty (60) years of age, shall be sixty dollars ($60.00) per month. .06 Upon Retirement for Service, an Employee Member may elect to receive a Retirement Allowance jointly with husband or wife, in which case the Retirement Allowance shall be based on the life expectancy of the younger of the two, and payments shall be continued so long as either shall survive at the same rate. If such election is made, there shall be no Beneficiary until both husband and wife are deceased. .04 Upon application of an flw loyee Member, or of the City Manager, any Employee Member may be retired by the Board, not less than thirty (30) days or more than ninety (90) days subsequent to the filing of such appli- cation, on a disability Retirement Allowance, subject to the following pro- visions: .01 Before approval of any disability Retirement, the Physical Examiners shall certify that the Employee Member is either mentally aux' physically incapacitated for the performance of his duty, that such incapacity is likely to be permanent, and that such Employee Member should be retired. .02 Any Employee Member, so retired for disability, shall be su',- ject to re-examination by the Physical Examiners upon request of the Retirant, the Board, or of the City Manager; and the Physical Examin- ers shall report their conclusions as to the continuance of the incapacity. In the event that such disability shall not continue to incapacitate the Retirant for service acceptable to the City in accord with the requirements of the Personnel Deparlmont, the City Manager may require that such Retirsnt be returned to active duty of the same or similar nature as that at which he was employed prior to his becoming incapacitated, or other work within the limits of his mental or physical capacities at a rate of compensation not less than seventy (70) per cent of the pay he would have been entitled to at the time of his return to active service for the grade of service occupied by the Retirant prior to his incapacity. 5.0 -.03 .03 Upon return to active service of an Employee Member retired for disability, he shall again become an Employee Member, and shall contribute according to his compensation thereafter, and all payments on account of the disability shall cease. The period of such disability shall be included in computing length of Creditable Service toward service Retire- ment. .O!- 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 contri- butions 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. .05 Upon Retirement for disability, a ReLirant shall receive a Retirement Allowance of such amount as can be provided from try.. Accumulated Total Credit to his account, together with interest thereon, com- puted over his life expectancy, based on tables and procedures adopted by the Board and in effect at the time of such Retirement, except as provided with respect to Additional Contributions in Section 4.02. .05 The Service Disability Reserve Fund provided for in Section 4.11 shall be used to provide benefits for Members participating therein, as follows: .01 Such amounts as may be required, in addition to the disability benefits provided for in Sub-section 5.04.05, as are required to produce a service disability Retirement Allowance of fifth, dollars (350.00) per month for such Thployee Members as are permanently disabled as a result of City service-connected injuries, and for which Workmen's Compensation pay- ments are received under the provisions of the State Workmen's Compensation Act. Such additional Service Disability Reserve payments shall nst become available until the expiration of the maximum period for which such Wort non's Compensation payments are payable; and provided that such T'mployee Member is, at the time these benefits become available, still disabled and incapable physically or mentally of returning to active service with the City as pro- vided in Sub-section 5.0 ..02. .02 A designated Dependent Beneficiary of an Employee Member eligible to receive benefits provided for in this Section, on. whose account a death benefit is paid under the provisions of the State `dork.- men's Compensation_ Act, shall receive from the Service Disability Reservo Fund such additional benefits as may be required, in addition to the death benefits provided for in Section 5.06, to produce a service-connected Pension of fifty dollars ($50.00) per month, which shall be payable at the same time and in the same manner as provided for the payment of benefits from this Fund to a disabled Employee Member. .03 Should the Service Disability Reserve Fund be insufficient any time to provide the benefits herein specified; then such funds as may be available shall be pro-rated by the Board among the bene- ficiaries of such Fund. .06 It is the intent and purpose of. this Ordinance to provide Death Benefit based on his Accumulated Total Credit, to such Dependent Beneficiary c _ an Employee Member or Retirant, as he may have designated by written disc - sition duly executed and filed with the Board; and to provide for the refur_d 5.06 of the Total Employee Credit to a designated Non-dependent Beneficiary, or to the estate of the Employee Member, Retirant or Pensioner, in addition to • an allowance from Total City Credit for funeral or other final expenses of an Employee Member as hereafter provided. Upon receipt by the Board of satis- factory proof of the death of an Employee Member, Retirant or Pensioner, there shall be paid as follows: .01 To a designated Dependent Beneficiary, in the order named, a Pension which can be provided from the Accumulated Total Credit to the account of the deceased Employee Member, Retirant or Pensioner at the time of his death, based on the then expectancy of life of such Dependent Beneficiary and tables and procedures adopted by the Board and in effect at the time of the death of the Employee Member, Retirant or Pensioner; provided that such Dependent Beneficiary shall have the right of withdrawing in cash from the Accumulated Total Credit of the deceased Employee Member or Retirant an amount not to exceed such Accumulated Total Credit, nor to exceed three hundred dollars ($300.00); and provided further that in no case shall the Pension derived from Total City Credit exceed three thousand dollars (33,000.00) per year, but any excess of Total City Credit over that required to produce three thousand dollars ( ,000.00) per year shall be forfeited and shall be credited to the Reserve Fund. Where the Pension computed under this Sub-section results in less than fifteen dollars ($15.00), the Board., upon application of the Dependent Beneficiary, shall order the Accumulated Total Credit of the deceased Employee Member or Rotirant to be paid as a lump sum settlement. .02 Where no Dependent Beneficiary is designated, or where desig- nated Dependent Beneficiaries have pre-deceased an Employee Member, Retirant or Pensioner, to a designated Non-dependent Beneficiary, or where no Dependent or Non-dependent Beneficiary is designated, to the estate of the deceased Employee Member, Retirant or Pensioner, the Total F ployee Credit, in such manner as shall have been provided for by written disposition duly executed and filed with the Board, or in the absence of such written disposition, in such manner as the Board shall determine to be in the best interests of the party or parties concerned. In addition to the above, there shall be made available from the Total City Credit an amount not to exceed the amount of the Total City Credit, nor to exceed five hundred dollars ($500.00) for the purpose of defraying costs in connection with final illness and burial of an Employee Member. Any balance of Total City Credit shall be forfeited and shall be credited to the Reserve Fund. .07 Any annuitant or beneficiary of a participant under Ordinance No. 734, who becomes a Retirant or Pensioner hereunder, as provided for in Sub- section 3.04 shall receive a Retirement Allowance or. Pension , which shall be in the amount that his Accumulated Total Credit, computed under the pro- visions of Sub-section 4.O6 will pay, based on the number of years remaining of the expectancy of life used in computing his original benefit. .08 Any Employee Member whose employment prior to eligibility for service or disability Retirement has been terminated, regardless of cause, sha . be entitled to a Separation Refund upon application theref or. .01 The amount of the Separation Refund shall be the Totali- ployee Credit. .02 Upon acceptance of a Separation Refund, all Creditable Serv — including all prior service credits of a Member, shall be cancelled, and such credits shall not be reinstated upon his subsequently 5.08.02 again becoming a Member in this System, or for any other cause. The Total City Credit of such Member shall be forfeited and shall be paid into the Reserve Fund, subject to the restrictions provided in Section 4.12. .09 No Employee Member who has met the requirements for Service Retirement as specified in Sub-section 5.03.01, and no Employee Member who has to his credit the required number of years of Creditable Service and is within five (5) yeaLs of the specified retirement age for that number of years of Creditable Service as prescribed in Sub-section 5.03.01, shall forfeit his right to such Retirement by reason of subsequent separation from his employ- ment with the City by lawful removal for cause; provided that no Retirement Allowance shall be commenced under this Section prior to the age at which such removed Employee Member would otherwise be eligible to receive benefits. 10. Any Member who has completed twenty-five (25) years of Creditable Ser- vice prior to age fifty (50) years, or who has completed twenty (20) years of Creditable Service prior to age fifty-five (55) , may elect to retia_; from service with the City, but his Retirement Allowance shall not be commenced until such time as he reaches the age at which he would otherwise have been eligible to receive benefits. 11. Notwithstanding any provisions of this Ordinance, any Department Head or other Unclassified Employee as defined in the Civil Service Act, who is a Member of this System, and who has to his credit ten (10) or more years of Creditable Service, shall be eligible for service Retirement benefits if he shall be involuntarily separated from service for reasons other than mis- conduct, mis-feasance or mal-feasance; provided that no Retirement Allowance shall be commenced under this Section until such time as the person so eli- gible for Retirement benefits shall reach the age at which he would other- wise have been eligible to receive benefits. No person having an unexpired Leave of Absence from a position in the Classified Service of the City shall be eligible under this Section. .12 Notwithstanding any provisions of this Ordinance, any Classified Em- ployee who is a Member of this System, and who has to his creeit ten (10) or more years of Creditable Service, if separated from service involun- tarily because of retrenchment or curtailment programs, or because of po- sitions being abolished, shall be eligible for service Retirement benefits upon expiration of his period of eligibility for re-employment; provided that no Retirement Allowance shall be connnenced under this Section prior to the age at which such separated Employee Member would otherwise have been eligible to receive benefits. .13 In such cases as payment of Retirement Allowance to Members who haw, met the requirements therefor, is deferred, either by election of the Member or because of provisions of this Ordinance, such Member shall be considered as having the same status with respect to other provisions of this Ordinance as though he were, in fact, receiving his Retirement Allow- ance by monthly payments. 6.01 SECTION 6. ADMINISTRATION .01 Board of Trustees: The System created by this Ordinance shall be con- strued as a trust and shall be administered by a Board of Trustees, each of whom shall be designated as a Trustee, and the general administration and responsibility for the proper operation of the Systemm, and for making effective the provisions of this Ordinance are here- by vested, except when the authority shall be otherwise specifically allo- cated in this Ordinance, in said Board of Trustees. The Board shall also have the responsibility for the operation of the Systems created by Ordi- nance No. 734 and 498 so long as any members remain or any claims exist against such Systems; and for the final closing when there ceases to be any members or claims against such Systems. .01 The Board shall consist of seven (7) Trustees as follows: .01 The City Council shall appoint four (4) Trustees of the Board, one of whom shall be the City Manager, one of whom shall be the Chief Finance Officer of the City, and the other two shall be elected from among the members of the City Council. .02 The other three (3) Trustees shall be members of the System created by this Ordinance or by Ordinance No. 734, and shall be elected from time to time according to such rules and regulations as may be adopted by the Council. One Trustee shall be elected from each of the following groups: Group 1. Members of this System who are regularly employed in the Police or Fire Department or in the Life Guard. Group 2. Members of this System who are regularly employed in clerical or executive positions. Group 3. All other members of this System, and members of the Systems created by Ordinances No. 734 and 498. In determining the classification of any Member in the above Groups, the decision of the Council shall be final. The basis of classification shall be that the Member belongs in the Group through which he derives his eli- gibility for participation in this System. .02 Members of the City Council, serving on the Board of Trustees, shall serve -during the pleasure of the Council but only during, their incumbency. The City Manager and the Chief Finance Officer of the City shall serve during their incumbency as such. The first Board of Trustees hereof shall consist of the same Trustees as constitute the Board of the System created by Ordinance No. 734. The term of the three (3) Trustees, elected from the membership shall expire at the same time as their terms expire under the provisions of Ordinance No. 734, and as each such Trustee's term shall expire, an election shall be hold within the Group represented by such Trustee, to select a Trustee for a three (3) y term. If a vacancy occurs in the office of Trustee, the vacancy shall be filled for the unexpired term in the same manner in which the office was previously filled. Each Trustee shall, within ten (10) days after his appointment or election, take the oath of office, and his service on the Board shall be gratuitous. 6.01.03 .03 The Board shall elect from its membership a Chairman and a Vice-Chairman; the Chief Finance Officer of the City shall be Secretary of the Board. Each 1rustee shall be entitled to one vote, and four (4) concurring votes shall be necessary for a decision by the Trustees at any meeting of the Board. .04 For purposes of over-all control, more flexible investment and simpler accounting, all moneys, investments and assets of the Systems created under Ordinances No. 734 and 498 shall be combined with the moneys; invesLments and assets of the System created under this Or n B rd of Trusteeseproovvidedon for7e hereunder, the Boardstitution and rs ai5aa"s '-af thele responsibility bility for all such moneys, securities and other asbse. e��' the Pension Systems created by Ordinances No. 734 and. 498, and the amounts credited to, as__ well as the benefit rights of, persons who retain their membership under the Systems created by Ordinance No. 734 and 498 shall be a claim against the combined funds of all Systems. .05 So long as there remain any members of the Systems created by Ordinances No. 734 and 498, such members shall be classified and included in Groups as provided in Sub-section 6.01.01.02 and may take part in the election of Trustees hereunder, but they shall have no other right; power or privilege under this Ordinance except as specifically provided herein. .06 The Board shall have, in addition to all other powers and duties arising, out of this Ordinance, not otherwise specific- ally reserved or delegated to others, the following specific powers and duties, and is hereby authorized and directed to: .01 Hold regular meetings at least quarterly in each year, and such special meetings at such times as a majority of the Board, or the Chairman, nay deem necessary. - .02 Consider and pass on all applications for retire- ment and benefits, authorize the granting of all Retirement Allowances, Pensions and lump sum settlements, and suspend any payment or payments, all in accordance with the provisions of this Ordinance, .03 Certify the Rate of Interest as provided for in Sub-section 2.21.0-i-; prescribe rules for the determination of the value of maintenance, board, living quarters, personal laundry and other allowances to Members in lieu of money, and adopt all necessary Actuarial Tables. .04 Submit to the City Manager on or before July 1st of each year, an estimate of the amount of appro- priation required for the purposes of this System, and the Systems created under Ordinances No. 734 and 498, for the following fiscal year. .05 Be the legal custodian of all cash and securities of this System, and the Systems created under Ordinances No. 734 and 498, invest and reinvest all cash not required to meet current disbursements in securities in accordance with Section 7.01 of this Ordinance; and subject to the limitations and restrictions of Section 7.01, the Board shall have full Power to hold, purchase, sell, - assign, transfer and dispose of any of the securities and investments, as well as the proceeds of such investments. 6.01.06.06 .o6 Require such information as shall be necessary for the proper operation of this System, and the Systems created under Ordinances No. 734 and 498, from any Member, Beneficiary, Employee, Retirant, or from any Officer, Department Head or other person or persons in authority as the case may be. .07 Recommend to the City Council the employment of such actuarial, legal or investment counsel, or specialized tcchni cal assistance as may be required for the efficient administration of this System, or the Systems created under Ordinances No. '(34 and 498, and prepare and submit to the City Manager, prior to the beginning of each fiscal year, a budget of operating expenses for such year. .08 Designate, for specified periods, or as occasion may require, three (3) Physicians who are not eligible for membership in this System, as Physical Examiners. The Physical Examiners shall arrange for, and conduct, all physical and mental examinat.'.o required under the provisions of this Ordinance, or under the provisions cf Ordinances No. 734 and 498; shall investigate all essential statements and certificates in connection with applications for Disability Retirement, and shall report in writing to the Boardf their conclusions and recommendations upon all matters referred to them. .09 Keep a permanent record of all proceedings of the Board, which record shall be available for exami- nation by any Member, Retirant or Pensioner, or by any Officer of the City; and require the keeping of a separate account for each individual Member, Retirant or Pensioner, an adequate accounting record which shall at all times reflect the financial condition of the Systems, and such additional data as shall be necessary for the required calculations and valuations. .10 Prcvide for receipt of all payments made to the Systems, and records thereof, and cause them to be deposited immediately with the Chief Finance Officer of the City. .11 Provide for certification on its behalf of all warrants issued in accordance with actions of the Board authorizing payments for benefits, expenses and investments out of funds belonging to this System, and the Systems created under Ordinances No. 734 ane. 498, and provide for certification on its behalf of all amounts required by the Systems to be levied as taxes by the City. .12 Cause a general investigation to be made by a Con- sulting Actuary, at least once every three (3) years, of the retirement, disability, separation, mortality, interest and earning rates of Members, Retirants and Pensioners, and cause recommendations to be f urnl_shed as a result of such investigation, for adoption of required Actuarial Tables. .13 Cause an audit of the affairs of this System, and so long as necessary the Systems created under Ordinarc_, No. 734 and 498, to be made annually by an independent Certified Public Accountant, and submit a copy thereof to the City Manager as soon as possible after the end of each fiscal year. .14 Make available to Members, Retirants and Pensioner,, a financial statement including a summary of the report of the Certified Public Accountant, and provide for submitting anns s '_., 6.01.06.14 to Members of this System individual statements, indicating the amount of accumulations to the respective accounts at the end of each Fiscal Year. .15 Accept under such terms as they shall decide, any gift or other contribution of money or securities for the credit of any individual member, or group of the Members, Retirants or Pensioners of this System, as may be designated by the grantor if such purpose and allocation is specified; or if no such purpose and allocation is specifiod, for credit to the Reserve Fund of the System. Any such gift or other contribution which shall be received for the benefit of a croup of Members, Petirants or Pensioners, where the method of distribution is not specified by the grantor, shall be pro-rated on the basis of the respective length of creditable service of the Members; Retir^nts and. for pensioners in the designated group on the date such gift is received. 16. Adopt such Administrative Regulations, not incon- sistent with the provisions of this Ordinance, as pry ` doomed necessary and advisable for the efficient administration of this Syc- tem, and the Systems created under Ordinance No. 734 and 498, and generally carry on any other reasonable activities which are deemed necessary to accomplish the intent of the System'created under this Ordinance, and the Systems created under Ordinances No. X34 and 498. .02 Duties of Personnel Department: .01 It shall bo the duty of the Personnel Department to notify the Board of any new Members, withdrawal of Members, appli- cations for disability or service retirement, and such other personnel information as the Board may require. .02 The Personnel Department shall be responsible for computing the amount of Employee Normal and Employee Additional Contri- butions for each Employee Member and for entering such amount as a deduction from the compensation of each such Employee Member on the City payrolls, and shall certify all payrolls on which any such deductions are entered. .03 It shall also be the duty of the Personnel Department to keep individual records of the Members' Contributions and of City contributions on their behalf, to compute and credit interest to individual accounts, to hoop records of the separate Systems and of the Funds created by those Systems, to compute Retirement Allowances, Pensions, and Separation Refunds and other lump sum settlements, and to make such analyses, compu- tations, and other determinations and records as the Board may deem nocessar;; to the efficient operation of this System, and the Systems created by Ordinances No. 734 and 498. .03 Duties of Chief Finance Officer: .01 The Chief Finance Officer of the City shall be the custodian of the combined assets of this System, and the Systems created under Ordinances No. 734 and 498, and shall furnish bond or surety therefor acceptable to the Board. He shall deposit all cash on hand in regularly designated depositories of the City and shall require surety or collateral therefor as is required by the Charter or Ordinances of the City for other funds of the City, and shall hold all investments under the joint custody ' himself and the Board. 6.03.02 .02 The Chief Finance Officer shall maintain necessary records to show receipts by payroll deductions, City contributions, do- nations and investment returns, and to show disbursements for Retirement Allowances, Pensions, and Separation Refunds and other lump sum. settlements. He shall also keep such other financial records of the combined moneys and investments of this System and the Systems created under Ordinances No. 734 and 498, as the Board deems necessary. .0� All payments from the combined funds of this System and the Systems created under Ordinances No. (.j4 and 498, shall be made by the Chief Finance Officer, only upon vouchers signed by him and countersigned by two other hereon designated y the Board. A duly attested copy of a resolution of the Bos,' (iesignating such persons, and bearing on its face specimen signatures or such persons shall be filed as authority making payments upon such vouchers. No voucher shall be drawn unless it shall have been previously authorized by resolution of the Board, except that the Board may, by resolution; authorize the Chief Finance Officer to issue vouchers for Separation Refunds not exceeding one thousand dollars ($1,000.00) and for minor adjustments of Employee contributions. .04 For purpose of meeting current disbursements, there shall be kept on deposit, available cash equal in amount to the regular predictable demands for the ensuing six (6) months. .04 Duties of City Attorney: The City Attorney shall be legal advisor of • the Board; his services in behalf of the Board shall not be compensated additionally. 7.01 SECTION 7. INVESTMENTS. .01 The combined cash assets of this System, and the Systems created under Ordinances No. 734 and 498, in excess of the amount required for current operations shall be invested in the folloving securities: .01 Obligations of the United States, the interest and principal of which are unconditionally guaranteed by the United States, of .02 Bonds of the City of Miami Beach, the interest and of which are unconditionally guaranteed ay the City. .02 All investments shall be clearly marked to indicate that they are a part of the combined assets of the Systems, and to the extent possible, they shall be so registered. .03 All investments shall be carried at a book value such that the yield, computed at a uniform interest rate, compounded annually or semi- annually as the case may be, will remain uniform to maturity. No adjust- ments shall be made in investment valuations for ordinary current market price fluctuations, but reserves may be provided for anticipated losses upon redemption as determined by the Board. .04 Except as otherwise herein provided, no Trustee or employee of the Board shall have any direct interest in the income, gains or profits of any investments made by the Board, nor shall any such person receive any pay or emolument for services in connection with any investment. Proof that any such person shall have violated any of these restrictions shall make such person guilty of a misdemeanor or felony, as the case may be, and such person shall be punishable therefor as provided by law. 8.01 SECTION 8. GENERAL .01 The combined assets of this System, and the Systems created under Ordi- nances No. 134 and 498, shall be invested as one fund, and no particular System, or person or group of persons, within such Systems, shall have any right in any specific security of property, or in any item of cash, other than an undivided interest in the whole as specified in the provisions of this Ordinance, or in Ordinances No. 734 and 498. .02 All Retirement Allowances, Pensions and other benefits payable under the provisions of this Ordinance, and all accumulated credits of Flnployees in this System, or in the Systems created under Ordinances No. 734 and. 198, shall be unassignable. .03 Any person who shall knowingly make any false statement, or shall falsify or permit to be falsified, any record or records of this System, or the Systca created under Ordinances No. 734 and 498, in any attempt to defraud the System, shall be guilty of a misdemeanor, and shall be punishable therefor upon conviction, by a fine of not more than one thousand dollars (51,000.00) or imprisonment for not more than ninety (90) days, or both in the discretion of the Court. .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, 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. .05 A11 ordinances and parts of ordinances in conflict herewith shall be, and the same are, hereby repealed. .06 In the event any Section, Sub-section, sentence, clause, or phrase of this Ordinance shall be adjudicated invalid or unconstitutional, such adjudication shall in no manner affect the other Sections, Sub-sections, clauses or phrases of this Ordinance, which shall be and remain in full force and effect as fully as if the Section, Sub-section, sentence, clause or phrase, so adjudged invalid or unconstitutional, was not originally a part hereof. PASSED and ADOPTED this 18th day of February, A. D. 1948. Mayor ATT EST: tea_,- City lerk 1st reading - Feb. 4, 1948 • 2nd reading - Feb. 4 1948 3rd reading - Feb. 18, 1948 Posted - Feb. 18, 191+8 STATE OF FLORIDA COUNTY OF DADE: I, C. W. TOMLINSON, City Clerk inand for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 845, 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 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, Florida, one of which was at the door of the City Hall in said City on the 18th day of February, A. D. 1948, 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 City of Miami Beach. IN WITNESS WHERJ;OF I have hereunto set my hand and affixed the official seal of the City of Miami Beach, Florida, on this the 24th day of March, A. D. 1948. City Clerk ��� • . _ r rt-• ( •- s'• 77' - fI - • • • • „ • • , , • • C>cly • •