Ordinance 1176 ORDINANCE NO. 1176
AN ORDINANCE AMENDING SECTION 2.03; SECTION
1.4.08; SECTION 5.03.05; SECTION 5.04.05; AND
SECTION 5.06.01 OF ORDINANCE NO. 845, CREAT-
ING AND MAINTAINING A PENSION AND RETIREMENT
SYSTEM FOR CERTAIN EMPLOYEES OF THE CITY OF
MIAMI BEACH, FLORIDA.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1: That Section 2.03 of Ordinance No. 845 of the
City of Miami Beach, Florida be and the same
is hereby amended to read as follows:
"SECTION 2.03: Beneficiary (Dependent) : A
person who at the death of an
Employee Member, or Retirant was dependent upon,
or received substantial support from, such Employee
Member, or Retirant, and who shall have been design-
ated by an Employee Member by written disposition
duly executed and filed with the Board. Unless
otherwise 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 an Employee Member as Dependent
Beneficiaries, whether related or not shall be
considered dependent only if evidence to the effect
that such persons received their main support from
the Employee Member or Retirant, immediately preceding
his death, is presented to the Board, and the Board
finds such evidence satisfactory. The marriage or
attainment of age twenty-one (21) of a minor child
shall be prima facie evidence of termination of
dependency within the intent of this ordinance. "
SECTION 2: That Section 4.08 of Ordinance No. 845 of the
City of Miami Beach, Florida be and the same
is hereby amended to read as follows:
"SECTION 4.08: 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 Allowance
of Three Thousand, Three Hundred
($3,300.00) Dollars per year at
age sixty (60) years, or
.02 The Employee reaches the age of
mandatory retirement. "
SECTION 3: That Section 5.03.05 of Ordinance No. 845 of the
City of Miami Beach, Florida be and the same is
hereby amended to read as follows:
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
"SECTION 5.03:
.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 additional contributions in sub-section 4.02;
and further provided, however, that the portion
of the retirement allowance derived from total City
credit shall not exceed sixty (60) percent of the
Employee Member's average earnings. In the
computation of this limitation and solely for the
purpose of such computation and regardless of the
actual amount thereof, the total City credit shall
be assumed to be exactly two-thirds of the sum of
the Employee Member's normal funds and the City's
normal funds, and the Retirement Allowance shall be
reduced by whatever amount the adjusted total City
credit will provide in excess of sixty (60) per cent
of the average earnings. Excess City funds shall be
credited to the City. Beginning January, 1952,
the Retirement Allowance for an Employee Member who
has met the requirements for service retirement, and
who elected to contribute at the standard minimum rate
of five (5) per cent, as provided in sub-section
4.01.01, shall be not less than five ($5.00) dollars
for each year, pro-rated for any fraction thereof, of
Creditable Service; and for such Employee Member who
elected to contribute at the optional rate of six (6)
per cent, as provided in sub-section 4.01.02, shall
be not less than six ($6.00) dollars for each year,
pro-rated for any fraction thereof, of Creditable
Service. "
SECTION 4. That Section 5.04.05 of Ordinance No. 845 of the
City of Miami Beach, Florida be and the same is
hereby amended to read as follows :
"SECTION 5.04.05. Upon retirement for disability,
a Retirant shall be entitled
to a Retirement Allowance, computed in the same
manner and subject to the same restrictions and
minimums, as provided for Service Retirement in
sub-section 5.03.05. "
SECTION 5. That Section 5.06.01 of Ordinance No. 845 of the
City of Miami Beach, Florida be and the same
is hereby amended to read as follows:
"SECTION 5.06.01. To a designated Dependent
Beneficiary, in the order named,
as follows :
.01 To a Dependent Beneficiary, except
minor children, the pension which can be
provided from the Accumulated Total Credit
to the account of the deceased Employee Retirant
or Pensioner at the time of his death, except
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
as provided, with respect to additional
contributions in sub-section 4.02, based
on the then expectancy of life of such
Dependent Beneficiary and tables and pro-
cedures 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, Retirant or Pensioner,
an amount not to exceed such Accumulated
Total Credit, nor to exceed three hundred
($300.00) Dollars; and provided further that
in no case shall the Pension derived from
Total CityCredit exceed three thousand three
hundred 3,300.00) Dollars per year, but any
excess of Total City Credit over that required
to produce three thousand, three hundred
($3,300.00) Dollars per year shall be for-
feited and shall be credited to the Reserve
Fund. Where the Pension computed under this
sub-section based on Accumulated Total Credit
less any Additional Credits, results in less
than fifteen ($15.00) Dollars, the Board upon
application of the Dependent Beneficiary, shall
order the Accumulated Total Credit of the de-
ceased Employee Member Retirant or Pensioner
to be paid as a lump sum settlement.
.02 To a minor child designated as
Dependent Beneficiary, if in order for a
Pension, the 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, except as provided with respect to
Additional Contributions in sub-section 24.02,
based on the number of years to age twenty-one
(21) , but not to exceed one hundred ($100.00)
Dollars per month. Any excess of Accumulated
Employee Normal Contributions shall be paid to
the Dependent Beneficiary, but any excess of
Accumulated City Normal Contributions shall be
forfeited and credited to the Reserve Fund. In
addition to the above benefit the Dependent
Beneficiary shall have the right of withdrawing
in cash from the Accumulated Total Credit of the
deceased Employee Member, Retirant or Pensioner,
an amount not to exceed such Accumulated Total
Credit, nor to exceed three hundred ($300.00)
Dollars. All payments made in behalf of aminor
child shall be made to a properly authorized
executor or administrator. Where the Pension
computed under this sub-section, based on
Accumulated Total Credit, less any additional
Credits, results in less than fifteen ($15.00)
Dollars, the Board, upon application by the
properly authorized executor or administrator
of the minor dependent, shall order the Accumu-
lated Total Credit of the deceased Employee
Member Retirant or Pensioner to be paid as a
lump sum settlement. "
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
SECTION 6. That all ordinances and parts of ordinances
in conflict herewith be and the same are hereby
repealed.
SECTION 7. That this ordinance shall go into effect
immediately upon its passage and posting as
required by law.
PASSED and ADOPTED this 7th day of September
A. D. 1955.
/ •
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Ai,
Mayor
ATTEST:
C . W. Tomlinson, City Clerk
By rYN,4i!
epu y City ( er
1st reading - August 17, 1955
2nd reading - August 17, 1955
3rd reading - September 7, 1955
POSTED - September 7, 1955
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 99, FLORIDA
STATE OF FLORIDA
COUNTY OF DADE:
I, R. Wm. L. Johnson, City Clerk in and for the City
of Miami Beach, Florida, do hereby certify that Ordinance
No. 1176, entitled: "AN ORDINANCE AMENDING SECTION 2.03;
SECTION 4.08; SECTION 5.03.05; SECTION 5.04.05; AND SECTION
5.06.01 OF ORDINANCE NO. 845, CREATING AND MAINTAINING 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, one of which was at the door of the City Hall in
said City on the 7th day of September, A. D. 1955, 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 19th day of October, A. D. 1955.
City C erk
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