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Ordinance 85-2496 ORDINANCE NO. 85-2496 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING PARAGRAPHS 2 AND 3 OF ARTICLE XV, SECTION 98 OF THE RELATED LAWS, AND SECTION 2.53 (b), (c) AND (g) OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA TO PERMIT VOLUNTARY ELECTION OF MEMBERSHIP IN THE CITY HEALTH INSURANCE PROGRAM BY ELIGIBLE EMPLOYEES: PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 LEGISLATIVE PURPOSE Paragraph 3 of Article XV, Section 98 of the City's Related Laws (Chapters 22402 (1943) and 27730 (1951), Laws of Florida), provides that every employee of the City must be a member of the City's health plan and that membership is compulsory. General State law, however, states that participation in municipal government health plans should be voluntary for officials and employees. Chapter 112, Fla. Stat. (1981). Section 166.021(5) of the Municipal Home Rule Powers Act authorizes municipalities to amend the provisions of Special Acts so long as the amendment is not detrimental to the rights of municipal employees. The City Commission of the City of Miami Beach finds that amending Section 98 to provide for voluntary membership of municipal employees is not detrimental to their rights and therefore is authorized by Section 166.021(5). SECTION 2 AMENDMENT OF PARAGRAPHS 2 AND 3, ARTICLE XV, SECTION 98, RELATED LAWS Paragraphs 2 and 3 of Article XV, Section 98, Related Laws, shall be amended to read as follows: All regular officers and employees at the effective date of such plan shall have a reasonable time, to be fixed by ordinance, in which to elect membership in the plan. After the effective date of the plan, every officer or employee, upon becoming a regular employee, shall au4erfiatiea441 may voluntarily become a member of the plan. Upon becoming a member, membership shall may be eempolsefy continued thereafter throughout employment, and by special provisions may be continued for employees who are retired under any City pension system. PFevided, hewevef; that it shall Ret be eempdisefy fef any effieef of employee te paftieipate if he eb+eets beeadse of feligieds beliefs eF eeRviet}ens: Sdeh ebjeetieR shall be filed in wfiting with the City Cednei- Notwithstanding anything herein to the contrary, all unclassified City employees upon their first day of employment, and all classified employees upon having been continuously employed for ninety days, shall be eligible to become members of the City's health plan. Pfevided fdithef; that membefs of the Miami Beaeh City Cernmissien shall have the Fight te veldntaflly withdfaw ffern the City of Miami Beaeh health insdfanee pian: Withdfawal 4Fem the pFegFam shall fegdife a signed; wfitten lettef te the City Manage and open sdeh withdFawal, a eemmissieneF shall waive any and all el-aims he might etheFwise have against the City health insdFanee plan: Withdrawal from the program shall be on a signed form provided by and returned to the City Manager's designee, effective at the end of the payperiod in which the form is received. Upon such withdrawal, an employee shall waive any and all claims he might otherwise have against the City's health insurance plan. An employee who desires membership at a later date other than his initial eligibility period or subsequent to voluntary or involuntary cancellation shall be subject to any evidence of insurability process required by the health insurance plan. SECTION 3 AMENDMENT OF SECTION 2-53 (b), (c), AND (g) OF THE MIAMI BEACH CITY CODE Section 2-53 (b), (c) and (g), Miami Beach City Code shall be amended to read as follows: Sec. 2-53 Membership (b) Persons who become regular employees of the City subsequent to January 5, 1952, shall auterfiatieally may voluntarily be included in the membership of the plan without further medical examination exeept that it shall met be eempolsefy few any fegulaf empleyee te beeeme a membef if he files with the City Cedmeil a fefmal ebieetiem em the gfebnds of feligie is beliefs of eemvietiems. (c) Membership in the plan, once established, shall may continue so long as the member remains a regular employee. The board shall prescribe conditions under which a member who is retired under any pension system of the City and any pensioner may continue his agreement and be entitled to benefits during the period of retirement or pension; provided, however, that a pensioner's right to participate in the plan shall terminate upon marriage or remarriage; and may also provide means by which members who suffer service-connected injuries and who receive benefits under the workmen's compensation law may discontinue agree- ments during such periods. (g) Netwithstanding anything im this Cede te the eemtfafy-, membefs of the Miami Beaeh City Cemmissien shall have the fight te veiemtafily withdfaw ffem the City of Miami Beach health insufanee plan: Withdfawal ffem the pfegfam shall fegeife a signed, wfittem lettef te the City Manage; and upem such withdfawa4 a eemr issiemef shall waive any and all elaims he might ethefwise have against the Cityls health instifamee plan: * * * * SECTION 4 SEVERABILITY If any section, part of section, paragraph, clause, phrase, or word of this ordinance is declared invalid, the remaining provisions of this ordinance shall not be affected by such invalidity. SECTION 5 REPEALER All Special Acts, ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 6 EFFECTIVE DATE This Ordinance shall take effect December 1, 1985. PASSED and ADOPTED this 16th day of October , 1985. 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