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Ordinance 92-2809ORDINANCE NO. 92-2809 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 88-2603, WHICH CREATED THE RETIREMENT SYSTEM FOR UNCLASSIFIED EMPLOYEES AND ELECTED OFFICIALS, BY ESTABLISHING A DIFFERENT BENEFIT LEVEL FOR EMPLOYEES ENTERING THE SYSTEM ON OR AFTER OCTOBER 18, 1992, PROVIDING FOR A REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach, Florida, has established the Retirement System for Unclassified Employees and Elected Officials (the "System") with the passage of Ordinance No. 88-2603, and, WHEREAS, the City desires to amend this System to establish a different level of benefits for all persons entering the System on or after October 18, 1992, and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Section 2.10 of Ordinance 88-2603 "Definitions" be amended to read as follows: 2.10 For any Member who became a Member on or before October 17, 1992, "Final Average Monthly Earnings" means, one -twelfth of the annual earnings of the Member during the last year of his creditable service. For any Member who became a Member on or after October 18, 1992, "Final Average Monthly Earnings" means, the average of the highest three years of annual earnings during his years of creditable service divided by thirty-six (36). SECTION 2. That Section 5.01 of Ordinance 88-2603 be amended to read as follows: 5.01 Normal Service Retirement Allowance (a) The normal retirement date of a person who became a Member on or before October 17, 1992, 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. The normal retirement date of a person who became a Member on or after October 18, 1992, shall be the first day of the calendar month coincident with or next following the sixtieth anniversary of his birth and the date as of which he completes ten years of creditable service. (b) The normal service retirement allowance payable upon the retirement on or after his normal retirement date of a Member who became a Member on or before October 17, 1992, who did not serve both as an Employee and as an Elected Official 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. The normal retirement allowance payable upon the retirement of a Member who became a Member on or after October 18, 1992, on or after his normal retirement date shall be as follows: three per centum (3%) of his final average monthly earnings multiplied by the number of his years of creditable service, provided that such allowance shall not exceed eighty percent (80%) 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 multiplied by the number of his years of creditable service as an Elected Official for service on or before October 17, 1992, and three per centum (3%) of his final average monthly earnings as an Elected Official multiplied by the number of his years of creditable service as an Elected Official for service on and after October 18, 1992, plus, (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 for creditable service on or before October 17, 1992, and three per centum (3%) of his final average monthly earnings as an Employee multiplied by the number of his 2 SECTION 3. years of creditable service as an Employee for creditable service on and after October 18, 1992; provided, however, that the total normal service retirement allowance provided under this subsection (c) shall not exceed ninety percent average Official (90%) of the higher of his final monthly earnings as an Elected or as an Employee for any Member who was a Member on or before October and the normal service retirement provided under this subsection (c) exceed eighty percent (80%) of the 17, 1992, allowance shall not higher of his final average monthly earnings as an Elected Official or as an Employee for any Member who becomes a Member on or after October 18, 1992. That Section 5.02 of Ordinance 88-2603 "Vested Retirement Allowance" be amended to read as follows: (a) Any Member who became a Member on or before October 17, 1992 with less than five (5) years of service whose service with the City is terminated voluntarily or involuntarily shall be eligible for a refund of his accumulated employee contributions plus the amount in Section 5.07(a). Any Member who became a Member on or after October 18, 1992 with less than ten (10) years of service and whose service is terminated voluntarily or involuntarily shall be eligible for a refund of his accumulated contributions plus the amount in Section 5.07(a). (b) Any Member who became a Member on or before October 17, 1992 with five (5) or more years of service and whose service with the City is terminated prior to the date of which he would first become eligible for retirement on a normal service retirement allowance shall be eligible for a refund of his accumulated employee contributions plus the amount in Section 5.07(a); or, the Member may elect to not get the refund but instead allow all of his contributions to remain in the Unclassified System as a vested retirement allowance. Any Member who became a Member on or after October 18, 1992 with ten (10) or more years service and whose service with the City is terminated prior to the date of which he would 3 first become eligible for retirement on a normal service retirement allowance shall be eligible for a refund of his employee contributions plus the amount in Section 5.07(a); or, the Member may elect not to get the refund but instead allow all of his contributions to remain in the Unclassified System as a vested retirement allowance. The vested retirement allowance shall be a deferred allowance commencing on the earliest date as of which a Member with his years of creditable service would first be eligible for retirement on a normal service retirement allowance and shall be equal to the amount computed in accordance with this Article 5 as a normal service retirement allowance on the basis of the Member's final average monthly earnings and creditable service at the time of his termination and his age as of the date on which payment of the allowance commences. SECTION 4. That Section 5.03(d)(1) "Disability Retirement Allowance" be amended to read as follows: (d)(1) For any Member who became a Member on or before October 17, 1992, Tthe allowance payable to a disability Retirant prior to his normal retirement date shall not be less than twenty-five per centum (25%) of his final average monthly earnings as defined in Section 2.10 as of the date of his disability if an ordinary disability retirement allowance is payable, and not less than fifty percent (50%) of such final average monthly earnings if a service connected disability retirement allowance is payable. For any Member who became a Member on or after October 18, 1992, the amount payable to a disability Retirant prior to his normal retirement date shall not be less than thirty-five percent (35%) of his final average monthly earnings as defined in Section 2.10 as of the date of his disability if an ordinary disability retirement allowance is payable, and not less than sixty percent (60%) of such final average monthly earnings if a service connected disability retirement allowance is payable. Under this Section, the period of disability retirement is deemed to be active service and when the normal retirement date occurs, the disability Retirant after his normal retirement date is based on what the Retirant would have received if disability had not occurred. The allowance payable to a disability Retirant after his normal retirement date shall be an amount 4 computed as a normal service retirement allowance on the basis of the final average monthly earnings and number of years of creditable service he would have had if he had continued in service without the disability interruption. SECTION 5. That Section 5.08(b) "Post Retirement Adjustments" of Ordinance 88-2603 be amended as follows: (b) "Improvement Factor" for the purpose of this Section 5.08 means an increase of one and one half per centum (1 1/2%) per annum in retirement allowances or pensions for each year commencing on October 18 following the completion of one full year after the commencement date of the retirement allowance or, if applicable to pensions payable as the result of the death of a Member prior to his retirement, one full year after the commencement date of the pension. For any Member who became a Member on or before October 17, 1992, fthe Improvement Factor shall be compounded, and shall be applied to the retirement allowance or pension payable as the result of the retirement, termination or death of a such Member, whichever is applicable. For any Member who became a Member on or after October 18, 1992, the Improvement Factor shall not be compounded, and shall be applied to the retirement allowance or pension payable as of the retirement, termination or death of such Member, whichever is applicable. SECTION 5. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 6. SEVERABILITY If any section, sentence, clause or phrase of this ordinance is held to be 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. 5 SECTION 7. EFFECTIVE DATE This ordinance shall become effective 10 days after adoption. PASSED AND ADOPTED this 8th day of October ATTEST: efr CITY CLERK ; ylia/gi 1st reading 9/16/92 2nd reading 10/8/92 C:\wp51\data\ordinance\ungreen.rpt 6 1992 YO By Dat M APPROVED LEGAL DEPT. 4 v 4-)aJ CA 1 () ai on • CD• - 3+ CV CC .. •G 'U a) -1 cr, cs. 3 �J a) 4-1 $.4 (TN J -J 4-1 a) • ▪ •ri J..1 o c a) 'O G U rI aoo a) W til •-+ o N 4-) (n F Z 1 CO b GO u )•J a, >, 0 G a! aJ _. •7 0o V) cC •rl >, •,t7 U C o O Z • 4 (A cn r-1 JJ 1- 'C 0 G a) •ri a () CH % v a), EO >,rn v C4 u r°i J0-1 } v o G •ri a CO O JJ E CU LH •r >, r -I "0 b ,JD v s+ -+ a) (1) 0 o .c •r♦ - aJ ,J 44 cn r-1 0 ▪ '0 CO CO 4.) 0 •r-1 a) CO •r -I •ri E b 4-) 0 U 4-1 C) C 0 •ri a) JJ CU a) u 4-4 0 (n • t•+ >~ 4-4 u o n (n