Ordinance 77-2108 ORDINANCE NO. 77_ 2108
AN ORDINANCE AMENDING SECTION 2-58 OF THE CITY
CODE OF THE CITY OF MIAMI BEACH, FLORIDA BY
DELETING FROM THE DEFINITION OF REGULAR EM-
PLOYEE CONTAINED IN SAID SECTION THE PROVISION
EXCLUDING FROM THE DEFINITION OF REGULAR EM-
PLOYEE ANY PERSON WHO HAS OBTAINED HIS SIXTY-
FIFTH BIRTHDAY AT THE TIME OF HIS ENTRANCE IN-
TO THE EMPLOYMENT OF THE CITY; REPEALING ALL
ORDINANCES IN CONFLICT AND PROVIDING AN EFFEC-
TIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1. That portion of Section 2-58 of the Code of the City
of Miami Beach, Florida which contains the definition
of "Regular employee" and which reads as follows :
"Regular employee. Any member of the city council ,
officer, department head, regular employees in the
legal department employed on a full-time basis, ser-
vant or agent of the city regularly receiving com-
pensation from the city for personal services; ex-
cept unless otherwise qualified, members of boards
or commissions, officers and employees who receive
no salary or a nominal salary, contractual employees
or persons who are employed on a provisional , orig-
inal probationary or other temporary status under
civil service regulations. For the purpose of this
article, persons otherwise meeting this definition
of "regular employee" who are granted leaves of
absence under civil service procedures or by the
city council and persons otherwise meeting this def-
inition of "regular employee" who are injured in
line of duty with the City and who are receiving
compensation under the workmen' s compensation law
shall be considered as regular employees during such
periods of absence from active duty with the city
until formally separated from service with the city
and members who are retired for service or disability
under any city pension system shall not be considered
employees. In all cases in which the above defini-
tion requires interpretation, the board shall decide
who is a regular employee within the meaning of this
article.
Provided, however, that no person who has attained
his sixty-fifth birthday at the time of his entrance
into the employment of the city shall be deemed to
be a regular employee within the meaning of this
article, and shall not be deemed to be eligible for
the benefits provided under the terms and provisions
thereof.
Provided further, however, that any employee whose
employment with the city is terminated, voluntarily
or involuntarily, and who, at the time of such ter-
mination of employment possesses a vested right to
future pension benefits from any pension system of
the city, shall not be eligible for membership in
the plan herein provided for until such time as
pension benefits become payable to him. "
be and the same is hereby amended to read:
"Regular employee. Any member of the city council,
officer, department head, regular employees in the
legal department employed on a full-time basis, ser-
vant or agent of the city regularly receiving com-
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 i
pensation from the city for personal services; ex-
cept unless otherwise qualified, members of boards
or commissions, officers and employees who receive
no salary or a nominal salary, contractual employees
or persons who are employed on a provisional, orig-
inal probationary or other temporary status under
civil service regulations. For the purpose of this
article, persons otherwise meeting this definition
of "regular employee" who are granted leaves of
absence under civil service procedures or by the
city council and persons otherwise meeting this def-
inition of "regular employee" who are injured in
line of duty with the City and who are receiving
compensation under the workmen' s compensation law
shall be considered as regular employees during such
periods of absence from active duty with the city
until formally separated from service with the city
and members who are retired for service or disability
under any city pension system shall not be considered
employees. In all cases in which the above defini-
tion requires interpretation, the board shall decide
who is a regular employee within the meaning of this
article.
Provided further, however, that any employee whose
employment with the city is terminated, voluntarily
or involuntarily, and who, at the time of such ter-
mination of employment possesses a vested right to
future pension benefits from any pension system of
the city, shall not be eligible for membership in
the plan herein provided for until such time as
pension benefits become payable to him. "
SECTION 2 . All ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 3. This Ordinance shall become effective upon its passage
in accordance with law.
PASSED and ADOPTED this 16th day of November , 1977.
...44"14 AO!
Mayor •
Attest:
7
Cit Clerk
1st Reading - October 19, 1977
2nd Reading - November 16, 1977
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OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 •
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