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Ordinance 84-2451 ORDINANCE NO. 84-2451 AN ORDINANCE AMENDING ORDINANCE NO. 1901 BEING AN ORDINANCE PROVIDING FOR THE CREATION AND MAINTENANCE OF THE RETIREMENT SYSTEM FOR GENERAL EMPLOYEES AND ELECTED OFFICIALS OF THE CITY OF MIAMI BEACH, FLORIDA BY ADDING PROVISION RELATING TO COST OF LIVING INCREASE FOR RETIRANTS AND PENSIONERS; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Section 5.09 of Ordinance No. 1901 of the City of Miami Beach, Florida, be and the same is hereby amended by adding new Paragraphs thereto, lettered and reading as follows: "(k) Effective October 1, 1983, Retirants and Pensioners who were on the retirement payroll prior to January 1, 1979, and Pensioners entitled to receive a pension allowance as a result of the death of a Retirant who retired prior to January 1, 1979, shall receive a special cost of living increase in their retirement allowance or pension. The percentage increase shall be based on the year of retirement of a Member on account of whom a retirement allowance or pension is payable, or the year of death of the active Member in the case of a Pensioner receiving a pension as a result of the death of an active member prior to January 1, 1979, in accordance with the following table: - 2 - Year of Year of Retirement 'Retirement or Death of Percentage or Death of Percentage Active Member Increase Active Member Increase 1949 and earlier 30.0% 1964 10.0 1950 28.5 1965 9.0 1951 27.0 1966 8.0 _ 1952 25.5 1967 7.0 1953 24.0 1968 6.0 1954 22.5 1969 5.0 1955 21 .0 1970 4.5 1956 19.5 1971 4.0 1957 18.0 1972 3.5 1958 16.5 1973 3.0 1959 15.0 1974 2.5 1960 14.0 1975 2.0 1961 13.0 1976 1 .5 1962 12.0 1977 1.0 1963 11.0 1978 0.5 The percentage 4ncrease shall be applied to the original • retirement allowance or pension at the time of commencement; provided that for a Pensioner receiving a pension as a result of the death of a Retirant, the percentage increase shall be applied to that portion of the original retirement allowance that the Retirant at the time of retirement designated the beneficiary to receive; and provided that for a Disability Retirant, upon reaching normal retirement age, the percentage increase factor shall be applied to the normal retirement allowance unadjusted by any prior improvement factors or cost of living increases. (1) Effective October 1, 1983, Retirants and Pensioners who were on the retirement payroll prior to January 1, 1983, - 3 - and Pensioners entitled to receive a pension allowance as a result of the death of a Retirant who retired prior to January 1, 1983, shall receive a special cost of living increase in their retirement allowance or pension in addition to the increase provided under Paragraph (k) of this Section 5.09. The percentage increase shall be based on the year of retirement of a Member on account of whom a retirement allowance or pension is payable, or the year of death of the active Member in the case of a Pensioner receiving a pension as a result of the death of an active member prior to January 1, 1983, in accordance with the following table: Year of Retirement or Percentage • Death of Active Member Increase 1982 1% 1981 2 1980 3 , 1979 and earlier 4 The percentage increase shall be applied to the sum of the retirement allowance or pension otherwise payable as of September 1, 1983 and the special cost of living increase provided under Paragraph (k) of this Section 5.09 ; provided that for a Pensioner receiving a pension as a result of the death of a Retirant after Septem- ber 30, 1983, the percentage increase shall be applied to the pension otherwise payable reflecting all improve- ment factors and cost of living increases prior to October 1 , 1983 and the special cost of living increase - 4 - provided under Paragraph (k) of this Section 5.09; and provided that for a Disability Retirant, upon reaching normal retirement age, the percentage increase factor shall be applied to the normal retirement allowance adjusted by all improvement factors and cost of living increases prior to October 1, 1983 and by the special cost of living increase provided under Paragraph (k) of this Section 5.09." SECTION 2. REPEALER. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, sub-section, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such hold shall not affect the validity of the remaining portions of this Ordinance. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect 10 days after adoption, on December 29 , 1984 • PASSED and ADOPTED this 19th day of December 1984 • 4/ t A 'YOR ATTEST: CITY CLERK 1st Reading - December 5, 1984 2nd Reading - December 19, 1984 •s�.f' r tri,r_`sJ!p L.e..iTLSB.. 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