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Ordinance 88-2601 ORDINANCE NO. 88-2601 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING ORDINANCE NO. 1901 OF THE CITY OF MIAMI BEACH , ESTABLISHING "THE RETIREMENT SYSTEM FOR GENERAL EMPLOYEES AND ELECTED OFFICIALS OF THE CITY OF MIAMI BEACH" BY DELETING THEREFROM THAT SECTION WHICH EXCLUDES EMPLOYEES WHOSE EMPLOYMENT COMMENCED ON OR AFTER JANUARY 28 , 1970 AND WHO HAVE ATTAINED THE AGE OF 56 FROM THAT GROUP OR CLASSIFICATION OF EMPLOYEES WHO ARE ELIGIBLE FOR MEMBERSHIP IN THE RETIREMENT SYSTEM FOR GENERAL EMPLOYEES AND ELECTED OFFICIALS, PROVIDING THAT CURRENT EMPLOYEES OR CURRENT ELECTED OFFICIALS WHOSE EMPLOYMENT OR ELECTION COMMENCED ON OR AFTER JANUARY 28 , 1970 AND WHOSE ATTAINMENT OF AGE 56 PREVIOUSLY EXCLUDED THEM FROM ELIGIBILITY FOR MEMBERSHIP IN THE SYSTEM MAY ELECT TO ACQUIRE ADDITIONAL CREDITABLE SERVICE FOR THE PERIOD OF THEIR CONTINUOUS CITY EMPLOYMENT FOR MEMBERSHIP IN THE SYSTEM PROVIDING THAT SUCH ELECTION SHALL BE LIMITED TO EMPLOYEES OR ELECTED OFFICIALS WHOSE EMPLOYMENT OR ELECTION COMMENCED PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE, PROVIDING THAT RETIRANTS AND PENSIONERS WHO WERE ON THE RETIREMENT PAYROLL PRIOR TO JANUARY 1 , 1987 , AND PENSIONERS ENTITLED TO RECEIVE A PENSION ALLOWANCE AS A RESULT OF THE DEATH OF A RETIRANT WHO RETIRED PRIOR TO JANUARY 1, 1970 , SHALL RECEIVE A SPECIAL COST OF LIVING INCREASE BASED UPON EITHER THE YEAR OF RETIREMENT OR THE YEAR OF DEATH OF THE ACTIVE MEMBER ; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH ; 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 Article 2, Section 2 . 04 of Ordinance No. 1901 of the City of Miami Beach , which Ordinance establishes the Retirement System for General Employees and Elected Officials of the City of Miami Beach 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: i (a) Persons whose services are compensated on a contractual basis . (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 normal salary on a fee basis. f-ei} Perserrs--w se--enpi-eyrrefrt--t y--blie-Eity- -oar-ar e€ter-aarrtrarp-28&--1-97-&--aarei-a€ter-harirrg-ebta rreei-age-56- fe} (d) Members of the City Pension Fund for Firemen and Policemen in the City of Miami Beach. f-f•} (e) Persons whose regular employment with the City is for less than thirty ( 30) hours per week . SECTION 2. That Article 4 of Ordinance No. 1901 of the City of Miami Beach, which Ordinance establishes the Retirement System for General Employees and Elected Officials of the City of Miami Beach is hereby amended by adding Section 4 . 05 to read as follows: ARTICLE 4 CREDITABLE SERVICE 4 .05 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 this 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 the effective date of this Ordinance. * * * Section 5.09 Post Retirement Adjustments (m) Effective October 1, 1987, Retirants and Pensioners who were on the retirement payroll prior to January, 1 , 1987 , and 0 Pensioners entitled to receive a pension allowance as a result of the death of a Retirant who retired prior to January 1, 1987, 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, 1987, in accordance with the following table: Date of Retirement Percentage or Death of Active Member • Increase Member 1/1/82-1/1/87 0% 1/1/77-12/31/ 81 5% 1/1/72-12/31/76 10% 12/31/71 and earlier 15% The percentage increase shall be applied to the sum of the retirement allowance or pension otherwise payable as of September 1 , 1987 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 September 30, 1987, the percentage increase shall be applied to the pension otherwise payable reflecting all improvement factors and cost of living increases prior to October 1 , 1987 and the special cost of living increase 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 , 1987 and by the special cost of living increase, provided under Paragraph (k) of this Section 5. 09 . revised 3/23/88 • SECTION 4. REPEALER All ordinances or parts in conflict herewith be and the same are hereby repealed. • SECTION 5. SEVERABILITY If any section, sentence, clause or phrase of this ordinance is held to be valid or unconstitutional by any court of competent jurisdiction , then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 6. EFFECTIVE DATE This ordinance shall take effect ten ( 10 ) days after its adoption. on February 27 , 1988. PASSED and ADOPTED this 17th da of •ebruary , 1988 . 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