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Ordinance 76-2068 ORDINANCE NO. 76-2068 AN ORDINANCE AMENDING ARTICLE 10 OF ORDINANCE NO. 1901, THE LATTER ORDINANCE BEING THE ORDINANCE CREATING THE RETIREMENT SYSTEM FOR GENERAL EMPLOYEES AND ELECTED OFFICIALS OF THE CITY OF MIAMI BEACH, BY ADDING A PROVISION THAT ALL FUNDS OF THE SYSTEM SHALL BE HELD IN TRUST FOR THE BENEFIT OF MEMBERS OR THEIR BENEFICIARIES, AND THAT BENEFITS THEREUNDER SHALL BE NONFORFEITABLE; THE PURPOSE OF SAID AMENDMENT BEING TO COMPLY WITH THE REQUIRE- MENTS OF THE FEDERAL INTERNAL REVENUE SERVICE. WHEREAS, the City of Miami Beach, by and through the provisions of Ordinance No. 1901, has created and does maintain a general pension system for the benefit of the general employees of the City of Miami Beach and its elected officials, and WHEREAS, the Federal Internal Revenue Service of the Department of the Treasury, by appropriate regulations governing the qualified and exempt status of pension systems generally, requires that such pension systems must specifically provide that pension funds shall be trust funds, and that no part thereof may be diverted to any use other than for the exclusive use of the employ- ees and beneficiaries of such pension system, and must also provide that upon termination or complete discontinuance of contributions the rights of all employees accrued to the date of such termination or discontinuance to the extent then funded or credited to an employee' s account shall be fully vested and nonforfeitable, and WHEREAS, it is the intent and purpose of the City Council that such requirements and regulations of the Federal Internal Revenue Service, pertaining to Pension Systems, be met by the City of Miami Beach Retirement System for General Employees and Elected Officials; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That Article 10 of Ordinance No. 1901 be and the same is hereby amended by adding to the end of Section 10. 01 the following sentences: "All the funds of the System shall be held in trust for use in providing the benefits of the System and paying its expenses not paid directly by the City; provided that no part of the corpus or income of the funds shall be used for, or diverted to, purposes other than for the exclusive benefit of members or their beneficiaries under the System prior to the satisfaction of all liabilities for benefits with respect to them or for the administrative expenses of the System. In case of termination of the System, or in the event of the discontinuance of contributions thereunder having the effect of such termination, the rights of all members of the System to benefits accrued to the date of such termination or discontinuance, to the extent then funded, shall be nonforfeitable. " • OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUk - MIAMI BEACH, FLORIDA 33139 SECTION 2 : All ordinances or parts of ordinance in conflict herewith be and the same are hereby repealed. SECTION 3: This ordinance shall become effective ten days after passage. PASSED and ADOPTED this 4th day of August , 1976 . Mayor Attest: City Clerk 1st Reading - July 7, 1976 2nd Reading - August 4, 1976 -2- OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE T MIAMI BEACH, FLORIDA 33139 a 0 rn— E Q) • L CO.F.) Q) S.--CS 0)>,_0 0 Q) C t/1 C -o Q) 04- p-C (6 CO 0 CCI 4-1 0 N cn O C U) >.4 N 04-)_0 0 -a I d C C _!'_o Q) Q) N CO < r- N E O-p (1) Q)•- C +� — • (1) L > Vt CD >••- L4- - Z 0 Q) S- CC CC ^ CrN.-- 1-1-1 W CL C) E L Q) (Q C Z W •-r. < C C+) Q) z r- 4-) Q) (0 -a — co •- > .C — cc L. �o� C C C Q) .- o Q) Q) C7 CL(p•- .a 4- • E C L -o nL•_ — 0 C J (1) > •- 4- Q) 4-) 0 CO C E 0 C 1- -C0 Q — d U, C