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Ordinance 87-2536 ORDINANCE NO. 87-2536 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH , FLORIDA , AMENDING ARTICLE 5, SECTION 5.04 (a) , (b) AND (d) OF ORDINANCE NO. 1901 PROVIDING FOR THE CREATION AND MAINTENANCE OF THE RETIREMENT SYSTEM FOR THE GENERAL EMPLOYEES AND ELECTED OFFICIALS OF THE CITY OF MIAMI BEACH , FLORIDA , PERTAINING TO DISABILITY RETIREMENT ALLOWANCE ; PROVIDING FOR REPEAL OF 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 I : That Ordinance No. 1901 providing for the Creation and Maintenance of the Retirement System for the General Employees and Elected Officials of the City of Miami Beach, Florida, Sections 5 .04 (a) , (b) & (d) pertaining to disability retirement allowances are hereby amended to read as follows: 5. 04 Disability Retirement Allowance (a) Upon the written application of a Member or the City Manager, a Member who has five ( 5) or more years of creditable service may be retired by the Board on an ordinary disability retirement allowance on the first day of a calendar month-rret- reser--nha-nr-thou-y--F39o- r-m rre---hen--ir-i ne-t•p--( )--detys next following the fr3frrg granting of such application; provided that the Physical Examiners , after a medical examination of such Member, shall certify that he is totally incapacitated, mentally or physically, for the further performance of duty, that such incapacity is not the result of habitual use of narcotics or alcohol, misconduct, service in the Armed Forces, self-inflicted injury or disability sustained through other employment , that such incapacity is likely to be permanent and that such Member should be retired. ( b) Upon the written application of a Member or the City Manager , any Member who has been totally permanently incapacitated for the performance of his duties. as the natural and proximate result of an accident occurring while in the actual performance of duty at some definite time and place , without wilful negligence on his part, may be retired by the Board on a Service-connected disability retirement allowance, and not on an ordinary disability retirement allowance, on the first day of a calendar month rtet-3.c3s -t-Frzrn-thirty-1331-11-frrmo-re--graft-r►ifletp f-991-mss next following the execution and Ei+i-ftg granting of such application; provided that the application is filed within six ( 6 ) years from the time of said accident , and that the Physical Examiners, after a medical examination of the Member , shall certify that he is totally incapacitated , mentally or physically for the future performance of duty , that such incapacity is likely to be permanent and that he should be retired. (d) The allowance payable to a disability Retirant prior to his normal retirement date shall not be less than thirty-five per centum ( 35% ) of his final average monthly earnings as defined in Section 2 . 09 as of the date of his disability if an ordinary disability retirement allowance is payable , and not less than seventy-five per centum ( 75% ) of such final average monthly earnings of a service connected disability retirement allowance is payable. The allowance payable to a disability Retirant after his normal retirement date shall be an amount computed as a normal service retirement allowance on the basis of the final average monthly earnings and number of years of creditable service he would have had if he had continued in service without interruption until his normal retirement date at the maximum rate of pay in effect at the time of his retirement for the classification at which he retired provided that such allowance shall not exceed the amount payable to him as a disability retirement allowance prior to his normal retirement date or not be less than his normal retirement benefit at his normal retirement date . "Normal retirement date" as used in this Section 5. 04 means the date determined in accordance with Section 5 . 01 ( a ) on the assumption that the period, of disability 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 part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid , the remaining provisions of this Ordinance shall not be effected. SECTION 4 : EFFECTIVE DATE This ordinance shall take effect 10 days after its adoption on February 14 , 1987 .' PASSED AND ADOPTED this 4th day of February , 1987 . AO // 144`..1 P YOR ATTEST: f l+•.. � 3� /(1.) V CITY CLERK 1st Reading - January 21, 1987 2nd Reading - February 4, 1987 Requested by Finance Department AMW/rlw FORM APPROVED BAhh -4'21. Date 1- ','1'x''1 _ \ 14-i / L / e w w q \ § / / \ \ ° 0 \/ -/ Cflo0w / 1-1 t .1-1 # 4 0 e » » e # g E u w 6 \ c1 0 o Q w e M � 4-4 o / « «/ ° , �10 0 con 4-4 � � � at 1-4 \ k / \ \ / mo \\ / r r-1 ,.0 w = ,.0 Z c.1 al/ f w CO Z » w » ) 0 r \ qZ / 0 4J/ / CD \ •g \ e / 0 0 E 0 \ LH<4 w / o ca 4-1 o » ,