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Ordinance 997 ORDINANCE NO. 997 ORDINANCE NO. 997 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA ESTABLISHING AN EMPLOYEES' BENEFIT PLAN FOR THE PURPOSE OF PROVIDING HOSPITALIZATION, MEDICAL AND SURGICAL BENEFITS FOR ALL REGULAR EMPLOYEES OF THE CITY OF MIAMI BEACH, FLORIDA; PROVIDING FOR CONTRIBUTIONS ON A JOINT CONTRIBUTORY BASIS; PROVIDING FOR THE INVESTMENT OF THE FUNDS OF THE PLAN; PROVIDING FOR THE ADMINISTRATION AND OPERATION OF THE PLAN; PROVIDING WHEN THE PLAN WILL BECOME EFFECTIVE; AND PROVIDING FOR OTHER MATTERS RELATING THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE _CITY OF MIAMI BEACH, FLORIDA: SECTION 1. NAME AND ESTABLISHMENT: The City of Miami Beach Employees Benefit Plan, hereinafter referred to as the "Plan" , is hereby established under and by authority of Chapter 22399, Laws of Florida, Acts of 1943, as amended by Senate Bill 876, Laws of Florida, Acts of 1951, for the purpose of providing hospitalization, medical and surgical benefits for regular employees of the City of Miami Beach, Florida. SECTION 2. DEFINITIONS: The following words and phrases, as used in this Ordinance, unless a different meaning is clearly indicated by the context, shall have the follow- ing meanings : a. "City" shall mean the City of Miami Beach, Florida. b . "Council" shall mean the City Council of the City of Miami Beach, Florida. c. "Board" shall mean the governing board as provided for herein. d. "Member" shall mean any regular employee of the City of Miami Beach, participating in this Plan. e . "Regular Employee" shall mean any officer, department head, servant or agent of the City regularly receiving compen- sation 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 on a provisional, original probationary, or other temporary status under Civil Service regulations. For the purpose of this Ordinance, persons otherwise meeting this definition of Regular Employee who are grantea Leaves of Absence under Civil Service procedures or by the City Council, and persons otherwise meeting this definition of Regular Employee who are injured in line of duty with the City and who are receiving compensation under the Workman' s Compensation Law, shall be considered as Regular Employees during such periods of absence from active duty with the City until formally separated from service with the City; and Members who are retired for service or disability under any City pension system shall not be considered employees. In all cases in which the above definition requires interpretation, the Board shall decide who is a Regular Employee within the intent of this Ordinance . ;SECTION 3. GOVERNING BOARD: The Governing Board shall consist of the members of the Board of Trustees of the City pension system authorized under Chapter 18691, Laws of Florida, Acts of 1937, and shall at all times coincide in its membership with said Board of Trustees . -1- SECTION 4. ADMINISTRATION: a. The Board shall be responsible for general administration, management and proper operation of the Plan, and for making effective the provisions of this Ordinance. b. The Board is hereby authorized to enter into agreements, contracts or other legal arrangements with service, insurance, or other similar organizations to provide hospitalization, medical and surgical benefits, or any combination of such benefits; or the Board may organize and operate any or all parts of the Plan as a self- administered City Plan. c . The City Attorney, or his assistant, shall be legal advisor to the Board. d. The City Clerk of the City shall be treasurer of the Plan, and shall have custody of its funds. All payments from the funds of the Plan shall be made by regular City vouchers, but only after the payment shall have been previously authorized by the Board. The City Clerk shall also furnish such clerical and other assistance as is required to enable the Board to properly administer the Plan. e. The Board shall have authority, limited by the funds provided for its operatiofi in the City budget, to designate as consultants such specialists as Medical Doctors, Osteopathic Physicians, Surgeons, Actuaries, Accountants and Auditors, and may fix the fees for such consulting services. f. The fiscal year of the Plan shall begin with January 1st and end with December 31st of each year, and an annual report shall be prepared covering each fiscal year ' s operations, which report shall be reviewed by auditors selected by the Board. SECTION 5. BENEFITS: It is the intent of this Plan to provide Regular Employees of the City protection against serious financial reverses arising out of non-service connected physical disabilitites of the employees and their immediate families, which are not intentionally self-inflicted or the result of their own misconduct; and this Plan is intended to supplement benefits provided for service connected injuries by the Workman's Compensation Law in offering Regular Employees an oppor- tunity for protection against other physical exigencies . The general scope of benefits shall as nearly as practicable conform to the following: a. HOSPITALIZATION: Hospitalization shall be provided for all cases involving surgery, and for illnesses under such limitations as the Board shall determine . Rates may be separately established, and optional, for private, semi-private or ward accommodations . b. MEDICAL SERVICE: Medical Service shall be provided for all illnesses requiring hospitalization, and for convalescence following hospitalization when required, not to exceed one (1) call per day. This Medical Service may be made available in cases of illness which would normally involve hospitalization, but which because of special circumstances is treated in a home . c. SURGICAL SERVICE: Surgical Service shall be provided for all illnesses requiring the use of a medical surgeon for purposes of operating. -2- SECTION 6. MEMBERSHIP: a. Regular Employees of the City as of the effective date of this Ordinance, for a period of six (6) months after the Board and the City Council shall first approve agreements, shall have their option as to becoming members of this Plan without preliminary medical examination. Such Regular Employees as do not elect to become members within the six (6) month period prescribed, may later be admitted to membership as of the beginning of a fiscal year, subject to the passing of a medical examination by those persons proposed to be covered by such Regular Employee, and the payment of such reasonable fee as the Board shall determine. b. Persons who become Regular Employees of the City subsequent to the effective date of this ordinance shall automatically be included in the membership of the Plan without further medical examination; except that it shall not be com- pulsory for any Regular Employee to become a member if he files with the City Council a formal objection on the grounds of religious beliefs or convictions. c . Membership in the Plan, once established, shall continue so long as the member remains a Regular Employee as defined herein. The Board shall prescribe conditions under which a member who, is retired under any pension system of the City may continue his agreement and be entitled to benefits during the period of retirement; and may also provide means by which members who suffer service connected injuries and who 'receive benefits under the i Workman's Compensation Law may discontinue agreements during such periods. SECTION 7. AGREEMENTS: Members shall enter into agreements with the Plan, which agreements shall be prepared by the Board and approved by the City Council, and which may provide for optional benefits as follows: a. Hospitalization only. b. Hospitalization and Surgical Service. c. Hospitalization, Medical Service and Surgical Service . Such agreements may be for member only, may be for member and spouse, or may be on a family basis including spouse and unmarried children of either or both under the age of nineteen (19) years. Once agreements are entered into they may not be changed except during a period of thirty (30) days immediately preceding the start of a new fiscal year. An exception to the above shall be made in the case of a member who enters into active military service in the Armed Forces of the United States. Such member shall be permitted to change his agreement to cover only spouse and children at such time as he is called to active duty. SECTION 8. CONTRIBUTIONS: a. MEMBER: The contribution of a member shall be one-half (1/2) of the cost of the benefits provided for in his agreement, as such costs are determined by the Board. b. CITY: The contribution of the City on behalf of the members shall be one-half (1/2) of the cost of the benefits provided for in the agreements as such costs are determined by the Board, but not to exceed twenty dollars ($20.00) per year for an agreement covering a member only, nor to exceed forty-five dollars ($45.00) per year for agreements covering a member and his family. The City shall make no contribution on behalf of members -3- who are on Leaves of Absence other than for training authorized in connection with their City duties, sickness or military service; but shall contribute at the same rate on behalf of members who have been retired and who elect to continue their agreements. The Board shall ascertain annually the total amount of contribution to be made by the City on behalf of members of this Plan, and shall certify such amount together with an estimate of administrative costs, to the City Manager for his review, recommendations, and submission to the City Council for their approval and inclusion in the annual budget . SECTION 9. PAYROLL DEDUCTIONS: The Board shall certify to the proper authority or officer responsible for making up payrolls, the amount of deduction to be made from the pay of each Member of this Plan, and the proper authority or officer responsible for making up the payrolls shall cause to be deducted from the moneys due each member the amount of contribution so certified. The contributions of members who have been retired and who elect to continue their agreements shall be deducted from the payrolls of the pension system under which such members retired; and where agreements are continued with members who are receiving Workman's Compensation payments, the contributions for such members shall be deducted from the Workman's Compensation payroll . Arrangements, satisfactory to the Board, shall be made for the collection of the Member contribution in such cases as the Member is receiving no payment from the City. The amounts so deducted or collected shall be turned over to the Treasurer of the Plan and paid into the funds of the Plan. Every Member shall be deemed to consent and agree to the deductions made and provided for herein, and shall receipt for his full salary, Pension or Workman' s Compensation payment; and such payment less the deductions provided for herein, shall be full and complete discharge and acquittance of all claims and demands by such Member for the period covered by such payment, except as to the benefits provided by the Plan. SECTION 10. INVESTMENT OF FUNDS: The Board shall be trustee of the funds of the Plan, and shall have authority to invest and re-invest such funds in obligations of the City of Miami Beach, the interest and principal of which are unrenditionally guaranteed by the City Government, or in obligations of the Federal Government, the interest and principal of which are unconditionally guaranteed by the Federal Government; and subject to such limitations, the Board shall have full power to hold, purchase, sell, assign, transfer and dispose of any of the securities and investments in which the funds have been invested as well as the proceeds of such investments and the moneys enuring to such funds. All interest and other earnings on moneys of the Plan shall be credited to the Plan. SECTION 11. The Plan shall become effective as soon as practicable after the effective date of this ordinance. SECTION 12. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 13. This ordinance shall go into effect immediately upon its passage and posting as required by law. PASSED and ADOPTED this 5th day of December, A. D. 1951 . V� _ ATTEST: Mayor L';? (2 City Clerk 1st reading - November 28, 1951 2nd reading - November 28, 1951 3rd reading - December 5, 1951 POSTED - December 6, 1951 -4- STATE OF FLORIDA COUNTY OF DADE: I, C. W. TOMLINSON, City Clerk in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 997, entitled: "AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING AN EMPLOYEES' BENEFIT PLAN FOR THE PURPOSE OF PROVIDING HOSPITALIZATION, MEDICAL AND SURGICAL BENEFITS FOR ALL REGULAR EMPLOYEES OF THE CITY OF MIAMI BEACH, FLORIDA; PROVIDING FOR CONTRIBUTIONS ON A JOINT CONTRIBUTORY BASIS; PROVIDING FOR THE INVESTMENT OF THE FUNDS OF THE PLAN; PROVIDING FOR THE ADMINISTRATION AND OPERATION OF THE PLAN; PROVIDING WHEN THE PLAN WILL BECOME EFFECTIVE; AND PROVIDING FOR OTHER MATTERS RELATING THERETO" , 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 Hall in said City on the 6th day of December, A.D. 1951, 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 31st day of January, A.D. 1952. City Clerk ) ro o cr �h ,-4 H 0 H• `1 C H ct o `-c-' 0 H 0 N. • y rci N N H 'O o t-'• -� °•y N CD p) (D U) H. v 0 U,