Ordinance 90-2688 ORDINANCE NO. 90-2688
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING ORDINANCE NO. 88-2603, WHICH
CREATED A RETIREMENT SYSTEM FOR UNCLASSIFIED EMPLOYEES
AND ELECTED OFFICIALS OF THE CITY OF MIAMI BEACH;
AMENDING SECTION 2 .05 OF ARTICLE 2 ENTITLED "DEFINITIONS"
BY EXCEPTING FROM THE DEFINITION OF "EMPLOYEE" MEMBERS
OF THE SUPPLEMENTAL PENSION FUND FOR FIREMEN AND
POLICEMEN; AMENDING SECTION 3 .02 OF ARTICLE 3 ENTITLED
"MEMBERSHIP" BY PROVIDING THAT ANY MEMBER OF THE
RETIREMENT SYSTEM FOR GENERAL EMPLOYEES OF THE CITY OF
MIAMI BEACH WHO BECOMES AN UNCLASSIFIED EMPLOYEE ON OR
AFTER JANUARY 1, 1990 AND HOLDS SAID POSITION FOR A
PERIOD OF ONE (1) YEAR FROM THE DATE ON WHICH HE BECOMES
AN UNCLASSIFIED EMPLOYEE, SHALL BE A MEMBER OF THE
UNCLASSIFIED SYSTEM; AMENDING ARTICLE 4 ENTITLED
"CREDITABLE SERVICE" BY ADDING SECTION 4 .04 PROVIDING
THAT SERVICE EARNED BY ANY PERSON WHILE HOLDING
MEMBERSHIP IN THE CITY'S RETIREMENT SYSTEM FOR GENERAL
EMPLOYEES SHALL BECOME CREDITABLE SERVICE IN THE
UNCLASSIFIED SYSTEM AS OF THE DATE ON WHICH SAID PERSON
BECOMES A MEMBER OF THE UNCLASSIFIED SYSTEM; AMENDING
SECTION 5.01 OF ARTICLE 5, ENTITLED "BENEFITS" BY
PROVIDING THAT AFTER JANUARY 1, 1990, NO MEMBER OR FORMER
MEMBER OF THE UNCLASSIFIED SYSTEM MAY RECEIVE ANY
BENEFITS IF HE IS A MEMBER-OF THE RETIREMENT SYSTEM FOR
GENERAL EMPLOYEES AT THE TIME OF HIS RETIREMENT AND IS
ELIGIBLE TO RECEIVE BENEFITS UNDER THAT SYSTEM; REPEALING
ALL ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA:
Section 1.
That Section 2 . 05 of Article 2 entitled "Definitions" of City of
Miami Beach Ordinance No. 88-2603 creating a Retirement System for
Unclassified Employees and Elected Officials is hereby amended to
read as follows:
Article 2 . Definitions
2 .05 "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
Unclassified System, exclusive of the following groups
and classifications:
(a) Persons whose services are compensated on a
contractual basis.
(b) Persons employed on a provisional, original
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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) Those persons who hold classified positions
within the City.
(e) 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.
(f) Persons whose regular employment with the City
is for less than thirty (30) hours per week.
Section 2 .
That Article 3 entitled "Membership" of City of Miami Beach
Ordinance No. 88-2603 is hereby amended to read as follows:
Article 3. Membership.
3.01 Every eligible person who on April 1, 1988, is
an unclassified employee under the predecessor system
shall have the option to become on such date a
participant under this Unclassified System. All
elections of options must take place within ninety (90)
days of April 1, 1988. The Board has the authority to
extend this period for no more than ninety (90) days.
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 the Unclassified 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 . 05 herein, who becomes an Employee or Elected Official,
as herein defined, on or after April 1, 1988, shall be
a Member of the Unclassified System as a condition of his
employment or office as of the date he becomes an
Employee or Elected Official; provided however that,
after January 1, 1990, the effective date of this
Ordinance, any member of the Retirement System for
General Employees of The City of Miami Beach who becomes
an Employee as defined in Section 2 . 05 herein, and holds
the unclassified position for a period of one (1) year,
shall become a Member of the Unclassified System as of
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one year from the date on which he became an Employee.
3.03 With the exception of persons eligible to
decline membership in the retirement plan pursuant to
Section 3 . 05 of this Ordinance, participation in this
retirement plan is a mandatory condition of employment
for employees. An employee' s acceptance of employment
with the City shall constitute authorization for the City
to pick up contributions from the earnings of the
employee, unless and until an election permitted by
Section 3 . 05 is made.
3.04 Any person, other than as provided in Section
3 . 05 herein, in the employ of the City or who held
elective office on April 1, 1988, 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 Nos. 845 and
1901 because of exclusions of certain groups from
membership under the provisions of said Ordinances shall
become a Member of the Unclassified System on April 1,
1988 .
3.05 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.
3.06 An employee shall cease to be a Member if he
dies, retires or ceases to be an employee for any other
reason.
Section 3.
That Article 4 of City of Miami Beach Ordinance No. 88-2603 is
hereby amended to read as follows:
Article 4. Creditable Service
4.01 Each employee who becomes a Member of the
Unclassified System on April 1, 1988, shall be credited
under this Unclassified System with creditable service
to which he was credited as of such date under the
predecessor system. Each Member of the Unclassified
3
System shall be credited with service rendered after the
effective date of this Ordinance with respect to which
he has made contributions to the Unclassified System in
accordance with Section 6. 02 . The creditable service of
a Member shall not include service rendered prior to the
date as of which he elected to receive his Accumulated
Employee Contributions in accordance with Section
5. 07 (a) .
4.02 Each member shall be entitled to acquire
additional creditable service for his period or periods
of service with the Armed Forces of the United States
while on leave of absence granted by the City for such
military service by making the contributions that he
would have been required to pay on the basis of his
salary in effect at the beginning of such period if he
had not been on a leave of absence with interest at the
rate per annum, compounded annually, being allowed on
contributions of Members At the time such election is
made, subject to such conditions and limitations as are
required by law or established by the Board under rules
uniformly applicable to all persons similarly situated.
4.03 Any current Employee or current Elected
Official whose employment or election commenced on or
after January 28, 1970 and whose attainment of age 56
previously excluded him from eligibility for membership
in the System, may elect to acquire additional creditable
service in respect of the period of his continuous
service in the employ of the City for which he previously
was denied eligibility for membership in the System. The
election to acquire creditable service under this section
shall be limited to Employees or Elected Officials whose
employment or election commenced prior to April 1, 1988.
4.04 Creditable Service earned by any person while
holding membership in the City' s Retirement System for
General Employees shall become Creditable Service in the
Unclassified System as of the date on which said person
becomes a Member of the Unclassified System.
ARTICLE 5. Benefits
5.01 Normal Service Retirement Allowance
(a) The normal retirement date of a person who became
a Member shall be the first day of the calendar month coincident
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with or next following the fiftieth anniversary of his birth and
the date as of which he completes five years of creditable service.
(b) The normal service retirement allowance payable upon
the retirement of a Member on or after his normal retirement date
shall be as follows: Four per centum (4%) of his final average
monthly earnings multiplied by the number of his years of
creditable service, provided that such allowance shall not exceed
ninety percent (90%) of his final average monthly earnings.
(c) Notwithstanding paragraphs (a) and (b) of this
Section, after January 1, 1990, the effective date of this
ordinance, no Member or former Member of the Unclassified System
may receive benefits under the Unclassified System if he is a
Member of the Retirement System for General Employees of the City
of Miami Beach at the time of his retirement and is eligible to
receive benefits under that System.
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 1st day of January, 1990.
PASSED and ADOPTED this 7th day of March , 1990.
orre,c,"
MAYOR
ATTEST:
FORM APPROVED
LEG L DEP ./
By
CITY CLERK 11o
1st Reading 2/21/90 Date
2nd Resding 3/7/90 (as amended) 5
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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. lrT3_gO
DATE: February 21, 1990
TO: Mayor Alex Daoud . ••
Members of th• " ity Commis. o 6
FROM: Rob W. Parkin A ` '•
City Manager
SUBJECT: CHANGES TO THE UNCLASSIFIED PENSION SYSTEM
This Ordinance establishes a one year service requirement before
benefits can accrue to an individual in the Unclassified Employees
Pension System. The Ordinance further extends this one year period
for any existing City employee who, subsequent to the date this
Ordinance goes into effect, transfer their employment status from a
classified to an unclassifed position. The second change that
this Ordinance puts into effect is that an employee' s service time
and contributions follow the employee through his tenure with the
City. In other words, should an employee accept a demotion from
an unclassified position to a classified position their service
time would then be credited at the accrual rates effective in the
General Employees Plan and any excess contributions made to the
Unclassified Plan over the rate established in the General Employees
Plan would be refunded to them. These changes will be considered
by the Classified Employees Pension Board at their meeting of
Tuesday February 20 and the Board' s recommendation will be given
to the Commission at their meeting on Wednesday, the 21st.
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.
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