Loading...
Ordinance 76-2075 ORDINANCE NO. 76-2075 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 : That Ordinance No. 1901 providing for the creation and maintenance of the Retirement System for general employees and elected officials of the City of Miami Beach, Florida, be and the same is hereby amended in the following respects : 1. Section 2. 08 shall be amended to read as follows : "2. 08 "Earnings" means, in the case of a person who became a Member of the System on or after November 1, 1976, base pay, including longevity pay, for personal sQrvices rendered as an Employee, but excluding any payment of overtime, shift differential or extra compensation allowances such as uniform allowances; in the case of a person who became a Member prior to November 1, 1976 , this term means the actual amount of salary or wages received by a Member for personal services rendered as an Employee. " 2. Section 2. 09 shall be amended to read as follows : "2. 09 "Final Average Monthly Earnings" means , in the case of a person who became a Member of the System on or after November 1, 1976 , one-twelfth of the average annual earnings of the Member during the three highest paid years of his creditable service; in the case of a person who became a Member prior to November 1, 1976 , this term means one-twelfth of his average annual earnings during the two highest paid years of his creditable service. " 3. Section 5. 01 shall be amended in its entirety to read as follows : "5. 01 Normal Service Retirement Allowance (a) The normal retirement date of a person who became a Member on or after November 1, 1976 , shall be the first day of the calendar month coincident with or next following the 62nd anniversary of his birth or the date as of which he completes five years of creditable service, whichever is later. The normal retirement date of a person who became a Member prior to November 1, 1976 , shall be the first day of the calendar month coincident with or next following the date as of which he first meets any one of the following combinations of attained age and years of creditable service : • • OFFICE OF THE CITY ATTORNEY , 1130 WASHINGTON AVENUE MIAMI BEACH, FLORIDA 33139 YEARS OF ATTAINED AGE CREDITABLE SERVICE 55 • 20 56 • 17 57 14 58 11 59 8 60 • 5 Any Member may retire on a normal service retirement allowance upon the termination of his employment on or after his normal retire- ment date. Any Member, other than the Mayor and members of the City Council or persons elected or appointed by the City Council, shall be retired automatically no later than the first day of the month next following the 65th anniversary of his birth; provided that, upon recommendation of the department head and approval of the City Manager in exceptional cases and for substantial reasons, such retirement may be deferred by the Board for periods not to exceed one year at any one time; and provided further that any Member so deferred shall each year submit to, and satisfactorily pass, a physical examination by the City Physician. After any such Member is retired by the Board, he shall have no right of appeal from the decision of the Board. In the event that the department head shall fail or refuse to recommend an Employee Member for a deferment of mandatory retirement, such Employee Member shall have the right of appeal to the City Manager. Such appeal shall be filed not less than thirty (30) days following the failure or refusal of the depart- ment head to make such recommendation. Such appeal shall be filed with the City Manager who shall thereupon set a time and place for the hearing of such appeal within ten (10) days or such later date as shall be determined by the City Manager. Said appeal shall be adminis- trative in nature, and all parties directly interested shall be permitted to produce witnesses and to submit evidence. Following the conclusion of said appeal, the City Manager shall make his finding and determination as to whether the action of the department head shall be sustained and shall advise the depart- ment head and Employee Member forthwith. The determination of the City Manager shall be final and determinative of the matter. (b) Notwithstanding the provisions of Paragraph (a) of this Section 5. 01, eligibility for retirement on a normal service retirement allowance of a lifeguard in the Beach Patrol and a policeman or fireman who is a Member of this System, not being a member of the City Pension Fund for Policemen and Firemen, shall be governed by this Paragraph (b) . -2- OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE -s MIAMI BEACH, FLORIDA 33139 (1) The normal retirement date of a lifeguard in the Beach Patrol shall be the first day of the calendar month coincident with or next following the 50th anniversary of his birth or the date as of which he completes 20 years of credit- able service, whichever is later. (2) The normal retirement date of a policeman or fireman who was a Member of the System on October 31, 1976 , not being a member of the City Pension Fund for Police- men and Firemen, shall be the first day of the calendar month coincident with or next following the 50th anniversary of his birth or the date as of which he completes 20 years of creditable service, whichever is later. (3) Any such Member shall be retired automatically no later than the first day of the calendar month following the attainment of: Age 55 , in the case of Lifeguards I and Lifeguards II ; Age 60, in the case of Lifeguard Lieutenants and Lifeguard Captains; and Age 65, in the case of policemen and firemen. (c) The normal service retirement allowance payable upon the retirement of a Member on or after his normal retirement date shall be as follows : (1) in the case of a person who became a Member of the System on or after November 1, 1976 , two and one-quarter per centum (2-1/4%) of his final average monthly earnings multiplied by the number of his years of creditable service not in excess of twenty- five (25) plus two per centum (2%) of such final average monthly earnings multiplied by the number of his years of creditable service in excess of twenty-five (25) , provided that such allowance shall not exceed eighty per centum (80%) of his final average monthly earnings; (2) in the case of a person who became a Member of the System prior to November 1 , 1976, if such retirement occurs on or after July 1, 1969 , two and three-quarters per centum (2-3/4%) of his final average monthly earnings multiplied by the number of his years of creditable service not in excess of twenty- five (25) plus two per centum (2%) of such final average monthly earnings multiplied by the number of his years of creditable service in excess of twenty-five (25) , provided that such allowance shall not exceed eighty per centum (80%) of his final average monthly earnings . - 3 - • OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE MIAMI BEACH, FLORIDA 33139 (d) If the Accumulated Employee Contributions credited to a person who became a Member prior to November 1, 1976 , are less than the amount which would have been credited to him if he had contri- buted at the rate of six per centum (6%) of his earnings from the time he became a Member under the predecessor system governed by the provisions of Ordinance No. 845, the amount computed as a normal service retirement allowance in accordance with Paragraph (c) of this Section 5 . 01 shall be reduced by an amount which is the actuarial equivalent of the lump sum amount required to be added to his Accumulated Employee Contributions to bring such contributions to the level which he would have obtained by contributions at the rate of six per centum (6%) of his earnings from the date of his membership under the predecessor system governed by Ordinance No. 845. " 4. Section 5. 02 shall be amended by changing Paragraph (b) of said Section to read as follows: " (b) The early service retirement allowance shall be an immediate allowance commgncing as of the date of the Member' s retirement and shall be equal to: (1) in the case of a person who became a Member of the System on or after November 1, 1976 , the actuarial equivalent of a deferred allowance commencing on his normal retirement date and computed in accordance with Section 5. 01 on the basis of his final average monthly earnings and creditable service as of the date of his retirement; and (2) in the case of a person who became a Member of the System prior to November 1, 1976 , the actuarial equivalent of a deferred allowance commencing on the first day of the calendar month coincident with or next following the date as of which he attains age 55 and computed in accordance with Section 5. 01 on the basis of his final average monthly earnings and creditable service as of the date of his retirement, including the adjustment, if any, required in accordance with Paragraph (d) of Section 5. 01. " - 4 - • OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE''- MIAMI BEACH, FLORIDA 33139 5. Section 5. 05 shall be amended by changing Paragraph (b) of said Section to read as follows: " (b) The monthly pension payable to the person or persons entitled thereto in accordance with the foregoing Paragraph (a) shall be equal to one-half of the amount computed as a normal service retirement allowance in accordance with Paragraph (c) of Section 5. 01 as though the date of the Member' s death were his normal retirement date, on the basis of the Member' s final average monthly earnings and creditable service at the time of his death; provided that such pension shall not be less than thirty per centum (30%) nor more than forty per centum (40%) of his final average monthly earnings; further provided that, in the case of a person who became a Member of the System prior to November 1, 1976 , if the Accumulated Employee Contributions credited to the Member at the time of his death are less than would have been credited to him if he had contributed at the rate of six per centum (6%) of his earnings from the time he became a participant under the predecessor system governed by Ordinance No. 845, the pension computed in accordance with the foregoing provisions of his paragraph shall be reduced by half of the amount by which the retirement allowance of the deceased Member would have been reduced if he were retiring on a normal or early service retirement allowance as of the date of his death; and further provided that, if the pension is payable to a spouse who is more than fifteen (15) years younger than the Member, the pension shall be reduced to an amount which is the actuarial equivalent of the pension payable to the spouse if said spouse were exactly fifteen (15) years younger than the deceased Member. In the event of the death of the spouse after pension payments have commenced, a pension computed in accordance with the foregoing sentence but prior to any reduction because of the difference in the ages of the deceased Member and the surviving spouse shall be paid to the dependent child or children of the deceased Member under twenty-one (21) years of age, divided in such manner as the Board in its discretion shall determine, until every such child dies or attains twenty-one (21) years of age. " 6. Section 5. 08 shall be amended by changing Paragraph (a) of said Section to read as follows: " (a) A Member may elect, upon ceasing to be an Employee for any cause other than retirement or death, to receive in one sum the Accumulated Employee Contributions credited to him. Upon acceptance of such payment, all creditable service shall be cancelled, such creditable service shall not be reinstated upon his becoming a Member again at a subse- quent date and he shall be considered a new Member as of the date on which he again becomes a Member. " - 5 - • OFFICE OF THE CITY ATTORNEY 1130 WASHINGTON AVENUE MIAMI BEACH, FLORIDA 33139 7. Paragraph (a) of Section 5. 11 shall be amended in its entirety to read as follows: " (a) If a former Member who is entitled to a vested retirement allowance not yet payable returns to service with the City as an Employee before such allowance has become payable, he shall again become a Member, but benefits payable to him or on his account with respect to his earnings and creditable service after his return shall be based on the pro- visions applicable to a Member whose employment with the City commences on the date of his return to service. He shall contribute to the System at the rate required, pursuant to Section 6 . 02 , of Employees who become Members for the first time. Creditable service rendered before and after his return to service shall be considered for the purpose of deter- mining his allowance; provided, in the event of his subsequent termination of employment for reasons other than death or retirement, only creditable service rendered after his return to service shall be considered for the purpose of determining his entitlement to a vested retirement allowance with respect to service rendered after his return. Upon subsequent retirement, his retirement allowance shall be equal to the sum of the amounts computed on the basis of the final average monthly earnings and creditable service with respect to each period of continuous service as an Employee; provided that the retirement allowance shall not exceed the retirement allowance which would have been payable if his creditable service had been one period of continuous service. " 8. Paragraph (b) of Section 5. 11 shall be amended in its entirety to read as follows: " (b) Should a Retirant, other than a disability Retirant restored to service in accordance with Section 5 . O4 (g) , be employed by the City as an Employee, his retirement allowance shall cease, he shall again become a Member of the System, but benefits payable to him or on his account with respect to his earnings and creditable service after his return shall be based on the provisions applicable to a Member whose employment with the City commences on the date of his return to service. He shall contribute at the rate required, pursuant to Section 6. 02 , of Employees who become Members for the first time. An amount equal to the excess , if any, of his Accumulated Employee Contributions at the time of his retirement over the amount of retirement allowance payments he received shall be credited to him as Accumulated Employee Contributions as of the date he became a Member. Creditable service rendered before and after his return to service shall be considered for the purpose of determining his entitlement to a normal or early service retirement allowance upon subsequent retire- ment. Upon subsequent retirement, his retire- ment allowance shall be equal to the surp of the retirement allowance payable to him during his previous retirement, adjusted actuarially, - 6 - i OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE ---MIAMI BEACH, FLORIDA 33139 if he returned to service prior to his normal retirement date, for the period from the date of his return to service to the date of his subsequent retirement or normal retirement date , whichever occurs first, plus the amount computed as a retirement allowance on the basis of his final average monthly earnings and creditable service for the period after his last return; provided that the total retirement allowance shall not exceed the retirement allowance which would have been payable if all years of his creditable service had been a continuous period. If an option had been elected and in effect at the time of his return to service, the option shall continue to be in effect after his return to service, with respect to the retirement allowance payable prior to his return. " 9 . Section 6. 02 shall be amended to read as follows: " (a) Each Member whose employment with the City commences on or after November 1, 1976 , shall contribute to the System five per centum (5%) of his earnings throughout his service as an Employee. (b) Each Member whose employment with the City commenced prior to November 1, 1976 , shall contribute to the System six per centum (6%) of his earnings throughout his service as an Employee; provided that any such Member who was contributing five per centum (5%) of his earnings to the predecessor system as of the effective date of this Ordinance and thereafter to October 31, 1976 , may continue to contribute at such rate to this System during his contin- uous service as an Employee; and further provided that an election to contribute at the higher rate by such a Member shall be irrevo- cable. " SECTION 2 : That all ordinances or parts of ordinances 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 6th day of October, 1976. -7 • I-� '<' Mayor Attest: r;1- City Clerk 1st Reading - September 1 , 1976 2nd Reading - October 6, 1976 - 7 - • OFFICE OF THE CITY ATTORNEY , 1130 WASHINGTON AVENUE-- MIAMI BEACH, FLORIDA 33139 Ca a) 4-; E U a) a) L •-L a)- C co L 0U U\ a) a) C Cr)>• N C O 1 - .0 -0 Q Q n •- E >W — • O C7 O s- - — Z d cp.--. L O L (1) Z U C C C..) Z01 (1) Q — C7 0 • L O -0 0 Cl) CC L 4- O C CD • E -0 (1) U C 4-1 •- tr '+— E > - Q t/)