Ordinance 89-2652 ORDINANCE NO. 89-2652
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA AMENDING ORDINANCE NO.
89-2640 THE CITY SUPPLEMENTAL PENSION FUND FOR
FIREMEN AND POLICEMEN IN THE CITY OF MIAMI
BEACH TO PERMIT POLICEMEN AND FIREMEN WHO
RETIRE BETWEEN JANUARY 1, 1989 AND PRIOR TO THE
EFFECTIVE DATE TO BE ELIGIBLE TO RETIRE WITH
PERMANENT AND TOTAL DISABILITY BENEFITS UNDER
THE SUPPLEMENTAL PENSION FUND; TO PERMIT
POLICEMEN AND FIREMEN WHO RETIRE BETWEEN
JANUARY 1, 1989 AND PRIOR TO THE EFFECTIVE DATE
TO CONTRIBUTE AN ADDITIONAL AMOUNT TO THE
SUPPLEMENTAL PENSION FUND IN ORDER TO RECEIVE
SERVICE CREDIT FOR HIS YEARS OF ACTIVE MILITARY
SERVICE PRIOR TO EMPLOYMENT; PROVIDING FOR
SEVERABILITY; REPEALING ALL ORDINANCES IN
CONFLICT THEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA:
Section 1. That Section 4 ',Membership', subsection 4 .02 be
amended to read as follows:
4 . 02 A member who retired from the Base
System on or after January 1, 1989 and prior
to the Effective Date shall become a member of
this Supplemental System on the Effective Date
and have his pension recalculated to reflect
the provisions of Section 7 . 01 (B) and (C) with
respect to payments due and owing on and after
the Effective nate;: pYovI fiery , however, that
such member may irrevocably elect in writing
prior to the Effective Date to waive his
membership in this System, in which event he
shall not become a member hereunder, and shall
not be entitled to any benefits hereunder. A
member who retired from the Base System on or
after January 1, 1989 and prior to the
Effective Date and who has at least twenty (20)
years of creditable service and who is entitled
to receive benefits under the Supplemental
System may contribute an additional amount to
the Supplemental System on or after the
Effective Date but no later than January 1,
1990 in order to receive service credit for his
years of active military service in the U.S.
Army, Navy, Air Force, Marines or Coast Guard
occurring prior to his date of employment with
the City. A member may purchase up to four (4)
years of such service. The price for each such
year shall be ten (10%) per cent of tti,e
aggregate of his salary or wages during the
twelve (12) calendar months immediately
preceding the date of his retirement and such
price shall be prorated accordingly if a
member' s election includes a fractional year
of service. Any additional benefit
attributable to military service purchased
under this Section 4 . 02 shall be determined in
accordance with the three (3%) per cent rate
as described in Section 7 . 01 (B) (1) .
(underline section reflects provisions added to section)
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Section 2 . SEVERABILITY.
If any section, sentence, clause or phrase of this Ordinance is
held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity
of the remaining portion of this Ordinance.
Section 3. REPEALER.
All ordinances or parts in conflict herewith be and the same are
hereby repealed.
Section 4. EFFECTIVE DATE.
This Ordinance shall take effect ten (10) after 5th day of
August , 1989
PASSED and ADOPTED this 26th , day of July , 1989.
MAYO
ATTEST:
CITY CLERK
FORM APPROVE
LEGALPARTMET
DATE 1‘11-(41
HD/mml
a: \amdfirpl .ord
1st reading 6/21/89
2nd reading 7/26/89
2
OFFICE OF THE CITY ATTORNEY
s Anne wear%
F L O R I D A
:*kMU ED
*; P.O. BOX O
ARNOLD M. WEINER
CITY ATTORNEY MIAMI BEACH,FLORIDA 33119-
TELEPHONE(305)673-7470
TELECOPY (305)673-7002
COMMISSION MEMORANDUM NO 3-3g-(91
DATE: JUNE 21, 1989
TO: Mayor Alex Daoud and
Members of the City Commission
City Manager Rob W. Parkins
FROM: Arnold M. Weiner{ ,' -
City Attorney
RE: SUPPLEMENTAL PENSION FUND FOR FIREMEN AND POLICEMEN
Upon passing of this ordinance on second reading it was noted
by the President of the South Florida Firefighters and the
President of the Faternal Order of Police that a minor addition was
required to elaborate the clear intent of the ordinance. This
addition was made in section 4 . 02 and does not alter the substance
or intent of the ordinance as it existed upon second reading.
AMW:HD/mml
•
11
AGENDA
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DATE
1700 CONVENTION CENTER DRIVE — FOURTH FLOOR — MIAMI BEACH, FLORIDA 33139
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