Ordinance 74-1995 ORDINANCE NO. 74-1995
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 the title to Ordinance No. 1901 be and the
same is hereby amended to read as follows :
"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. "
SECTION 2 . That Section 1.01 of Ordinance No. 1901 be and the
same is hereby amended to read as follows :
"A retirement system is hereby created
under and by authority of Chapter 18691,
Laws of Florida, Acts of 1937. This
system shall be known as the "RETIREMENT
SYSTEM FOR GENERAL EMPLOYEES AND ELECTED
OFFICIALS OF THE CITY OF MIAMI BEACH"
and shall be hereinafter referred to as
the "System" or the "Retirement System" .
SECTION 3 . That Section 1.02 of Ordinance No. 1901 be and the
same is hereby amended to read as follows :
"The purpose of the Retirement System is
to provide retirement and other related
benefits for eligible employees and
elected officials of the City and their
beneficiaries or dependents . "
SECTION 4. That Article 2 of Ordinance No. 1901 be and the
same is hereby amended by adding a new paragraph
thereto to follow immediately after paragraph 2 .03 and to
be numbered and to read as follows :
"2 .03 . 1 "Elected Officials" means the Mayor,
and the members of the City Council of the
City of Miami Beach. "
SECTION 5 . That Section 2 .04 of Ordinance No. 1901 be and the
same is hereby amended to read as follows :
"Employee" means any person employed by the
City on a regular bi.sis , who is receiving
compensation from the City for personal ser-
vices, and who is within a group or classifi-
cation of employees designated by the Board of
Trustees as eligible for membership in the
System, exclusive of the following groups and
classifications :
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
(a) Persons whose services are compensated
on a contractual basis.
(b) Persons employed on a provisional, ori-
ginal probationary or other temporary basis.
(c) Members of boards or commissions, of-
ficers, or employees receiving no salary
or a nominal salary on a fee basis.
(d) Persons whose employment by the City
commenced on or after January 28, 1970,
and after having attained age 56.
(e) Members of the City Pension Fund for
Firemen and Policemen in the City of Miami
Beach.
(f) Persons whose regular employment with
the City is for less than thirty (30) hours
per week. "
SECTION 6. That Section 3 . 02 of Ordinance No. 1901 be and the
same is hereby amended to read as follows :
"Any person who becomes an Employee or
Elected Official, as herein defined, on
or after the effective date of this
Ordinance shall be a Member of the
System as a condition of his employment
or office as of the date he becomes an
Employee or Elected Official. "
SECTION 7 . That Section 3.03 of Ordinance No. 1901 be and the
same is hereby amended to read as follows :
"Any person in the employ of the City or
held elective office on the effective date
of this Ordinance who became an Employee
or elected official as herein defined prior
thereto but was not, as of such date, a
participant of the predecessor system
established by Ordinance No. 845 because
of exclusions of certain groups from
membership under the provisions of said
Ordinance shall become a Member of the
System on the effective date of this Ordinance. "
SECTION 8 . That Section 4.02 of Ordinance No. 1901 be and the
same is hereby amended by adding the words "or
Elected Official" immediately after the words "an Employee" .
SECTION 9. That Section 5 . 01 of Ordinance No. 1901, the third
paragraph thereof, be and the same is hereby amended
to read as follows :
"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 attainment of age 65;
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. "
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OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
SECTION 10. Any official of the City of Miami Beach as
defined in Section 121. 20 (2) , Florida
Statutes, having a vested right and presently receiving
a retirement benefit under the provisions of Section 165.25,
now Section 121.20 (2) , Florida Statutes, may at his option,
within six months of the effective date of this ordinance,
voluntarily waive and surrender his rights thereunder, and
elect, in lieu thereof, to become a Retirant under this
System, and upon such election, and upon paying the contri-
butions in the amount called for by Section 4.02 (a) of
Ordinance No. 1901 for the period of his service as such
official, he and any designated beneficiary shall become
entitled to, and shall receive all the benefits authorized and
provided for under said Ordinance No. 1901.
SECTION 11. All ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 12 . This ordinance shall go into effect immediately
upon passage and posting as required by law.
PASSED and ADOPTED this 1st day of May
1974.
Mayor
Attest :
City Clerk
1st reading - April 3, 1974
2nd reading - May 1 , 1974
POSTED - May 2, 1974
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OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
STATE OF FLORIDA
COUNTY OF DADE:
I , ELAINE MATTHEWS, City Clerk, in and for the City of Miami Beach,
Florida, do hereby certify that Ordinance No. 74-1995 entitled:
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,
having been passed and adopted by the City Council of the City of
Miami Beach, Florida, has been posted by me at the door of the City Hall
in said City on the 2nd day of May , 1974,
and that said Ordinance remained posted for a period of at least thirty
days in accordance with the requirements of the City Charter of the said
City of Miami Beach.
IN WITNESS WHEREOF I have hereunto set my hand and affixed the
official seal of the City of Miami Beach, Florida, on this the
5th day of June , 1974,
City Clerk
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