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Ordinance 83-2356 ORDINANCE NO. 83-2356 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING SECTION 5.04 (f) OF ORDINANCE NO. 1901 PROVIDING FOR THE CREATION AND MAINTENANCE OF THE RETIREMENT SYS- TEM FOR GENERAL EMPLOYEES AND ELECTED OFFICIALS OF THE CITY OF MIAMI BEACH, FLORIDA BY DEFINING "EARNED INCOME" AS SET OUT IN SECTION 43 (c) (2) OF THE INTERNAL REVENUE CODE; PROVIDING FOR RE- PEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 Section 5 . 04 (f) of Ordinance No. 1901 providing for the City' s Re- tirement System for general employees and elected officials is here- by amended to read as follows: (f) 1 . During the period of his retirement on a disabi- lity retirement allowance prior to his normal retirement date, the Retirant' s annual earnings from employment (in- cluding self-employment) prior to his normal retirement date shall not exceed an amount which, when added to the disability retirement allowance payments received by him, would result in a combined earned income of one hundred twenty-five per centum (125%) of the maximum cur- rent salary for the classification from which he was re- tired if he is receiving a service-connected disability retirement allowance, or one hundred per centum (100%) of such maximum salary if he is receiving an ordinary disa- bility retirement allowance; otherwise payments of the disability retirement allowance shall be withheld to the extent that the combined earned income exceeds the maximum permissible amount. The Member must agree at the time of his disability retirement, before any benefits are paid to him under the System, to furnish annually to the Board, before May 1 of each year , a copy of his Federal Income Tax return for the prior year and any other information which the Board may require. When the Retirant ' s combined earned income exceeds the maximum permissible amount determined on the basis of the maximum salary as of January 1 of the prior year for the classification from which he was retired, future payments of his disability retirement allowance shall be withheld until the total sum withheld /equals the amount by which his combined earned income for the prior year exceeded the maximum permissible amount. Restrictions on earnings shall not be applicable after the Retirant' s normal retirement date. 2. The term "earned income" shall be defined by Section 43 (c) (2) of the Internal Revenue Code to mean wages, salaries, tips, and other employee compensation, plus the amount of the taxpayer ' s net earnings from self- employment for the taxable year (within the meaning of Section 1402 (a) of the Internal Revenue Code) . SECTION 2 OTHER ORDINANCES All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed . -1- OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 f SECTION 3 SEVERABILITY If any article, section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held invalid or un- constitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not effect the validity of the remaining portions of this ordinance. SECTION 4 EFFECTIVE DATE This ordinance shall take effect ten (10) days after adoption in ac- cordance with law, on January 29, , 1983 . PASSED and ADOPTED this 19th day of January , 1983. MAYOR ATTEST: CITY CLERK JK:ab 1st Reading - January 5 1983 11292a 2nd Reading - January 19, 1983 (As requested by the Board of Trustees of the Retirement System for General Employees and Elected Officials of the City of Miami Beach) FORM APPROVED LEGAL DEPT. p_,�. . -2- 4411,, • OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 0 H En a) a) bD a) •H 0 0 •rl a) 0 +-� %.0 •H 4-1 a 0 0 P 0 W 0 N U'7 N H.' a) ca a) (:4-1 Cfl .-i U �-1 .0 U) < cc O �"+ a) 4-1 RJ H Z Q• 0 0H cj CD 0 a ) C 0 a) H Z • O W }.a •r} 0 H U 0 0 Cd 4-I Cd H Z 0r0 aci •cl •u H .. .0 4-a a) +-) U) 4--I 0 g o � VD c 0 0 0 '0 (3) • •H 4-1 Lt 1.1 Vinod a) U UI� • c. E a) -0 }-1 a) H •-4 U O U }-1 W 0 a) H •ri M • v b H -7 U 4