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Ordinance 91-2766 ORDINANCE NO. 91-2766 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 88-2603, "RETIREMENT SYSTEM FOR UNCLASSIFIED EMPLOYEES AND ELECTED OFFICIALS", BY CHANGING THE DEFINITION OF "ELECTED OFFICIALS" IN SECTION 2 .04, AMENDING THE DEFINITION OF "MEMBERS" IN SECTION 2 . 06 TO INCLUDE "ELECTED OFFICIALS", ADDING ARTICLES 4.04 AND 4.05 TO PRECLUDE ELECTED OFFICIALS AND EMPLOYEES, WHO BECOME A MEMBER ON OR AFTER NOVEMBER 4, 1991, FROM COMBINING CREDITABLE SERVICE AS AN ELECTED OFFICIAL WITH CREDITABLE SERVICE AS AN EMPLOYEE EXCEPT AS PROVIDED IN ARTICLE 5.01 (c) ; AMENDING ARTICLE 5.01 (a) TO CLARIFY THAT FIVE YEARS OF CREDITABLE SERVICE CAN BE AS AN EMPLOYEE OR AS AN ELECTED OFFICIAL, ADDING .ARTICLE 5.01 (c) TO PROVIDE THAT THE NORMAL SERVICE RETIREMENT ALLOWANCE OF A MEMBER, WHO SERVES BOTH AS A EMPLOYEE AND AS AN ELECTED OFFICIAL, SHALL BE BASED UPON HIS EARNINGS AND YEARS OF CREDITABLE SERVICE AS AN ELECTED OFFICIAL CALCULATED SEPARATELY FROM HIS YEARS OF CREDITABLE SERVICE AND EARNINGS AS AN EMPLOYEE; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. That Article 2 . 04 is hereby amended to read as follows: 2 .04 "Elected Officials" means the Mayor, and the members of the City Commission of the City of Miami Beach, who are receiving compensation from the City for personal services. SECTION 2 . That Article 2 . 06 is hereby amended to read as follows: 2 .06 "Members" means any Employee or Elected Official included in the membership of the Unclassified System, as provided in Article 3 . A Member who retires shall be deemed a retired member or a retirant. SECTION 3 . Article 4 entitled "Creditable Service" is hereby amended to read as follows: 4.01 Each Employee or Elected Official who becomes a Member of the Unclassified System on April 1, 1988, shall be credited under this Unclassified System with creditable service to which he was credited as of such date under the predecessor system. Each Member of the Unclassified System shall be credited with service rendered after the effective date of this Ordinance with respect to which he has made contributions to the Unclassified System in accordance with Section 6. 02 . The creditable service of a Member shall not include service rendered prior to the date as of which he elected to receive his Accumulated Employee Contributions in accordance with Section 5. 07 (a) . 4.02 Each Member shall be entitled to acquire additional creditable service for his period or periods of service with the Armed Forces of the United States while on leave of absence granted by the City for such military service by making the contributions that he would have been required to pay on the basis of his salary in effect at the beginning of such period if he had not been on a leave of absence with interest at the rate per annum, compounded annually, being allowed on contributions of Members at the time such election is made, subject to such conditions and limitations as are required by law or established by the Board under rules uniformly applicable to all persons similarly situated. 4.03 Any current Employee or current Elected Official whose ose employment or election commenced on or after January 28 , 1970 and whose attainment of age 56 previously excluded him from eligibility for membership in the system, may elect to acquire additional creditable service in respect of the period of his continuous service in the employ of the City for which he previously was denied eligibility for membership in the System. The election to acquire creditable service under this section shall be limited to Employees or Elected Officials whose employment or election commenced prior to April 1, 1988 . 4.04 Each Elected Official who becomes a Member of the Unclassified System on or after November 4 , 1991 shall be credited under this Unclassified System with his creditable service as an Elected Official ; provided, however, that such Member' s creditable service as an Elected Official shall not be combined with that same Member' s creditable service earned as an Employee except as provided in Article 5 . 01 (c) herein. 2 4.05 Each Employee who becomes a member of the Unclassified System on or after November 4 , 1991 shall be credited under this Unclassified System with his creditable service as an Employee; provided, however, that such Member's creditable service as an Employee shall not be combined with that same Member' s creditable service earned as an Elected Official except as provided in Article 5. 01 (c) herein. SECTION 4. Article 5. 01 entitled "Normal Service Retirement Allowance" is hereby amended to read as follows: 5.01 Normal Service Retirement Allowance (a) The normal retirement date of a person who became a Member shall be the first day of the calendar month coincident with or next following the fiftieth anniversary of his birth and the date as of which he completes five years of creditable service as an Employee, or five years of creditable service as an Elected Official . (b) normal serviceretirement allowance payable upon the The re..�r�.,. retirement on or after his normal retirement date of a Member who did not serve both as an Employee and as an Elected Official on or after his normal retirement date shall be as follows: four per centum (4%) of his final average monthly earnings multiplied by the number of his years of creditable service, provided that such allowance shall not exceed ninety percent (90%) of his final average monthly earnings. (c) The normal service retirement allowance payable upon the retirement on or after his normal retirement date of a Member who served both as an Employee and as an Elected Official shall be as follows: (1) four per centum (4%) of his final average monthly earnings as an Elected Official multipliedby the number of his years of creditable service as an Elected Official , plus 3 (2) four per centum (4%) of his final average monthly earnings as an Employee multiplied by the number of his years of creditable service as an Employee; provided, however, that the total normal service retirement allowance provided under this subsection (c) shall not exceed ninety percent (90%) of the higher of his final average monthly earnings as an Elected Official or as an Employee. SECTION 5 . SEVERABILITY If any section, sentence, clause or phrase of this Ordinance is held invalid, or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. SECTION 6. REPEALER That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 7 . EFFECTIVE DATE That this ordinance shall take effect ten (10) days after its adoption. PASSED AND ADOPTED this 23rd day of October , 1991. i ATTEST: P • VICE-MAYO' aL,,,A- FORM APPROVED CITY CLERK LE L DEPT. 1st reading 10/9/91 By 2nd reading 10/23/91 Date //7/PNB: lm Words in struck through type are deletions from existing Ordinance. Words in underscored type are additions. (Requested by Commissioner Martin B. Shapiro) C:ordinanc/retireme October 24, 1991 4 114 OFFICE OF THE CITY ATTORNEY eicyAgni, tvazeii F L 0 R I D A P01 8 • ,Naar *1 LAURENCE FEINGOLD _ 4PO BOX 0 CITY ATTORNEY MIAMI BEACH FLORIDA 33'']_0('.32 TELEPHONE,305, 673-7473 TELECOPY ;3051673-7002 COMMISSION MEMORANDUM NO. -; DATE: OCTOBER 9, 1991 TO: MAYOR ALEX DAOUD, MEMBERS OF THE CITY COMMISSION AND CITY MANAGER CARLA BERNABEI TALARICO FROM: LAURENCE FEINGOLD CITY ATTORNEY RE: AMENDMENT TO ORDINANCE NO. 88-2603 "RETIREMENT SYSTEM FOR UNCLASSIFIED EMPLOYEES AND ELECTED OFFICIALS" Commissioner Martin B. Shapiro requested the City Attorney' s office to prepare an ordinance closing the loophole in the Unclassified Retirement System, which currently allows a person who serves as an elected official and who serves as an employee to add the years of creditable service and have the retirement benefit based upon the higher rate of compensation. The attached Amendment to Ordinance No. 88-2603 would accomplish the purpose of closing this loophole, so that after November 4 , 1991, the years of creditable service as an elected official could not be added to years of creditable service as an employee at a higher rate of compensation. Encl. PNB: lm 9 AGENDA ITEM DATE )D 23 -GI/ 1700 CONVENTION CENTER DRIVE — FG ,i, JOR -- MIAMI BEACH. FLORIDA 33139 • L b ) a C (1) a) I •r-I 4I U O1 •rl U) a) M co • O m cU W OL.0fU •r-I - Z N r-I U Z CO g LH 0 ,?4 0 CO LH `-I O 0 C7:- • 0 a zL° a) 4i OO +J •r1 w u - aa) ami •rI • P4 >~ .IJ r I w • CCI W a) • a a b • •rI CO 'b • b v • $-1 4J o G a! U) v) ao E a) bD r-I T! •rl O lac U 4) r--1 0 •ri CI a) a cd 4-1 W U O