Ordinance 90-2687 ORDINANCE NO. 90-2687
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING ORDINANCE NO. 1901, WHICH
CREATED A RETIREMENT SYSTEM FOR GENERAL EMPLOYEES OF THE
CITY OF MIAMI BEACH; AMENDING SECTION 2 .04 OF ARTICLE 2,
ENTITLED "DEFINITIONS" BY EXCEPTING FROM THE DEFINITION
OF "EMPLOYEE",MEMBERS OF THE CITY'S SUPPLEMENTAL FUND FOR
FIREMEN AND POLICEMEN; AMENDING SECTION 3.02 OF ARTICLE
3, ENTITLED "MEMBERSHIP", BY ELIMINATING ELECTED
OFFICIALS FROM MEMBERSHIP IN THE SYSTEM, AND AMENDING
SECTION 3.05 OF SAID ARTICLE 3 BY PROVIDING THAT ANY
MEMBER WHO BECOMES AN UNCLASSIFIED EMPLOYEE OF THE CITY
AND IS NOT A MEMBER OF ANY OTHER CITY OF MIAMI BEACH
PENSION SYSTEM,SHALL CONTINUE TO BE A MEMBER FOR A PERIOD
OF ONE (1) YEAR FROM THE DATE ON WHICH HE BECAME AN
UNCLASSIFIED EMPLOYEE AND SHALL CONTINUE CONTRIBUTING TO
THE SYSTEM AND ACCUMULATING CREDITALLE SERVICE; AMENDING
ARTICLE 4, ENTITLED "CREDITABLE SERVICE" BY ADDITION OF
SECTIONS 4. 06 AND 4.07 PROVIDING THAT AFTER THE EFFECTIVE
DATE OF THIS ORDINANCE WHEN EMPLOYEES CHANGE MEMBERSHIP
FROM THE UNCLASSIFIED RETIREMENT SYSTEM TO THE RETIREMENT
SYSTEM FOR GENERAL EMPLOYEES OR VICE VERSA, THEIR
CREDITABLE SERVICE AND ACCUMULATED EMPLOYEE CONTRIBUTIONS
SHALL BE TRANSFERRED TO THE SYSTEM OF THEIR CURRENT
MEMBERSHIP, AND PROVIDING THAT ANY UNCLASSIFIED EMPLOYEE
WHO BECOMES A MEMBER OF THE CLASSIFIED SYSTEM SHALL BE
REIMBURSED FOR THE DIFFERENCE BETWEEN THE ACCUMULATED
EMPLOYEE CONTRIBUTIONS WHICH HE PAID AS A MEMBER OF THE
UNCLASSIFIED SYSTEM AND THE CONTRIBUTIONS WHICH WOULD
HAVE BEEN REQUIRED OF A MEMBER OF THE CLASSIFIED SYSTEM;
AMENDING SECTION 5.01 OF ARTICLE 5, ENTITLED "BENEFITS"
BY PROVIDING THAT A MEMBER OR FORMER MEMBER OF THE
CLASSIFIED SYSTEM MAY NOT RECEIVE BENEFITS UNDER THE
CLASSIFIED SYSTEM IF HE IS A MEMBER OF THE UNCLASSIFIED
RETIREMENT SYSTEM AND ELIGIBLE TO RECEIVE A PENSION UNDER
THE UNCLASSIFIED RETIREMENT SYSTEM AT THE TIME OF HIS
RETIREMENT; REPEALING ALL ORDINANCES IN CONFLICT
THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR,
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA:
Section 1.
That Section 2 . 04 of Article 2 entitled "Definitions" of City of
Miami Beach Ordinance No. 1901 creating a Retirement System for
General Employees is hereby amended to read as follows:
Article 2 . Definitions
* * * * * *
2 . 04 "Employee" means any person employed by the
City on a regular basis, who is receiving compensation
from the City for personal services, and who is within
a group or classification of employees designated by the
Board of Trustees as eligible for membership in the
System, exclusive of the following groups and
classifications:
(a) Persons whose services are compensated on a
contractual basis.
1
(b) Persons employed on a provisional, original
probationary or other temporary basis.
(c) Members of boards or commissions, officers, or
employees receiving no salary or a nominal
salary or a fee.
(d) Members of the City Pension Fund for Firemen
and Policemen or the City Supplemental Pension
Fund for Firemen and Policemen in the City of
Miami Beach.
(e) Persons whose regular employment with the City
is for less than thirty (30) hours per week.
(f) Members of the Retirement System for
Unclassified Employees and Elected Officials
of the City of Miami Beach.
Section 2 .
That Article 3 entitled "Membership" , of City of Miami Beach
Ordinance No. 1901 is hereby amended to read as follows:
Article 3 . Membership
3 .01 Every person who on the effective date of this
Ordinance was a Retirant or Pensioner under the predecessor
system shall automatically become on such date a Retirant or
Pensioner, as the case may be, under this System, and shall
continue to receive under this System the benefits paid under
the predecessor system. Every person who on the effective
date of this Ordinance was a participant under the predecessor
system shall automatically become on such date a Member of
this Retirement System. Any written designation of
beneficiary or dependent beneficiary in effect under the
predecessor system on the effective date of this Ordinance
shall continue to be in effect under this System unless
subsequently changed or revoked by the Member or Retirant in
writing in accordance with the provisions of this Ordinance.
3 .02 Any person, other than as provided in Section 3 . 04
herein, who becomes an Employee or Electcd Official, as herein
defined, on or after the effective date of this Ordinance
shall be a Member of the System as a condition of his
2
employment or office as of the date he becomes an Employee e-r
Elected Official .
3 .03 Any person, other than as provided in Section 3 . 04
provided herein, in the employ of the City or held elective
office on - - - - - : . - = e . - -e November 17,
1971 who became an Employee or Elected Official as herein
defined prior thereto but was not, as of such date, a
participant of the predecessor system established by Ordinance
No. 845 because of exclusions of certain groups from
membership under the provisions of said Ordinance shall become
a Member of the System on the effective date of this
Ordinance.
3 . 04 All individuals holding the position of either City
Manager or City Attorney, shall have the option to reject
membership in the plan provided herein and to be a member in
a retirement program with any public trust fund named by the
aforesaid individuals and approved by the City Commission.
3.05 An Employee shall cease to be a Member if he dies,
retires or ceases to be an Employee as defined in Section 2 . 04
herein for any other reason; provided however that any Member
who becomes an unclassified employee of the City and is not
a member of another retirement system of the City shall retain
membership in the System for a period of one (1) year from the
date on which he became an unclassified employee. Any person
retaining membership pursuant_ to this Section shall continue
contributing to the System as required in Section 6. 02 herein
and shall continue earning Creditable Service time during the
one-year period.
Section 3 .
That Article 4 entitled "Creditable Service" of City of Miami Beach
Ordinance No. 1901 be amended by the addition of Sections 4 . 06 and
4 . 07 to read as follows:
Article 4. Creditable Service
4.06 After the Effective date of this Ordinance, whenever
any Employee as defined in Section 2 . 04 herein becomes an
unclassified employee of the City and remains an unclassified
3
employee for a period of one (1) year, his Creditable Service
earned under the Classified System of the City and his
Accumulated Employee Contributions shall be transferred from
the Classified System to the Unclassified Retirement System.
4. 07 After the Effective date of this Ordinance, whenever
any member of the Unclassified Retirement System becomes an
Employee as defined in Section 2 . 04 herein, his Accumulated
Employee Contributions and Creditable Service earned under
the Unclassified Retirement System shall be transferred from
the Unclassified Retirement System to the Classified System
and he shall receive full credit for same under the Classified
System. At the time of transfer, the Employee shall receive
reimbursement for the difference between the Accumulated
Employee Contributions which he paid as a member of the
Unclassified Retirement System and the contributions which
would have been required of a Member of the Classified System.
Section 4.
That Section 5. 01 of Article 5, entitled "Benefits" of City of
Miami Beach Ordinance No. 1901 be amended to read as follows:
Article 5. Benefits
5.01 Normal Service Retirement Allowance
(a) The normal retirement date of a person who became a
Member on or after November 1, 1976, shall be the first day
of the calendar month coincident with or next following the
62nd anniversary of his birth or the date as of which he
completes five years of creditable service, whichever is
later.
The normal retirement date of a person who became a Member
prior to November 1 , 1976, shall be the first day of the
calendar month coincident with or next following the date as
of which he first meets any one of the following combinations
of attained age and years of creditable service:
4
ATTAINED • YEARS OF CREDITABLE
AGE • SERVICE
55 • 20
56 • 17
57 • 14
58 • 11
59 • 8
60 • 5
Any Member may retire on a normal service retirement allowance
upon the termination of his employment with the City on or
after his normal retirement date; provided however that, after
the effective date of this Ordinance, no Member or former
Member of this System may receive any benefits under this
System if his Creditable Service and Accumulated Employee
Contributions have been transferred to the Unclassified
Retirement System pursuant to Section 4 . 06 herein and if he
is a member of the Unclassified Retirement System and is
eligible to receive a pension under the Unclassified
Retirement System at the time of his retirement.
Section 5. Repealer.
That all Ordinances or parts Ordinances in conflict therewith be
and the same are hereby repealed.
Section 6. Severability.
If any section, subsection, clause or provision of this Ordinance
is held invalid, the remainder shall not be affected by such
invalidity.
Section 7 . Effective Date.
This Ordinance shall take effect on the 17th day of March
1990.
PASSED and ADOPTED this 7th day of March ,
1990. /
lti."
OR
ATTEST:
51? 614"-`.//
CITY CLERK
1st Reading 2/21/90
2nd reading 3/7/90
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OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. 1cgrD —q 0
DATE: February 21, 1990
TO: Mayor Alex Da.. . and
Members of e City Comm*.sio 1,62
FROM: Rob W. Parkin %
City Manager
SUBJECT: AMENDMENTS TO HE GENERAL EMPLOYEES PENSION SYSTEM TO EFFECT THE
CHANGES IN THE UNCLASSIFIED EMPLOYEES PLAN
This Ordinance changes the General Employees Pension System and will
allow an employee to maintain his membership in the General Employees
Pension System for one year after the date which the employee accepts
an unclassified position. Prior to this change membership in the
General Employees Pension Plan terminated at the point that the
employee accepted an unclassified position. With the change to the
Unclassified Employees System mandating one year of service as an
unclassified employee before_they can become members of the Unclas-
sified Employees Pension System, this provision will allow our em-
ployees to continually maintain membership in a Pension System
sponsored by the City.
This Ordinance will be considered by the General Employees Pension
Board at their meeting on Tuesday, February 20 and we will inform
the Commission of their recommendation at the meeting on February 21.
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City Commission adopt this
Ordinance on first reading and schedule a public hearing and second
reading for their meeting of March 7, 1990.
RWP:RJN:sw
14
AGENDA
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