Ordinance 92-2817.fi
ORDINANCE NO. 92-2817
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 CLARIFYING
THE RIGHTS AND BENEFITS OF EXISTING EMPLOYEES
WHO BECOME MEMBERS OF THIS SYSTEM ON OR AFTER
OCTOBER 18, 1992, PROVIDING FOR A REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
Whereas, the City Commission adopted Ordinance 88-2603 creating the Retirement
System for Unclassified Employees and Elected Officials and provided therein for
employees transferring into the System to receive the rights and benefits being received by
Members of the System; and,
Whereas, the City Commission has modified the rights and benefits of new
employees entering the System on or after October 18, 1992; and,
Whereas, such modifications of rights and benefits are intended to effect newly hired
employees after such date and not to effect current employees who would be entering the
System by virtue of a promotion into the unclassified service of the City,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA:
Section 1 - That section 3.02 of Ordinance 88-2603 be amended to read as follows:
3.02 Any person, other than as provided in Section 3.05 herein, who
becomes an Employee or an Elected Official, as herein defined, on or after April
1, 1988, shall be a Member of the Unclassified System as a condition of his
employment or office as of the date he becomes an Employee or an Elected Official;
provided, however that, after January 1, 1990, any member of the Retirement System
for General Employees of the City of Miami Beach who becomes an Employee as
defined in Section 2.05 herein, and holds the unclassified position for a period of one
(1) year, shall become a Member of the Unclassified System as of one (1) year from
the date on which he became an Employee. Any Employee who transfers his
membership to this System. on or after October 18, 1992. by virtue of a change in
employment status to an unclassified employee. shall have his rights and benefits
governed by the date the employee became a member of the prior System rather
than the date upon which the employee became an unclassified employee.
Section 2 - All Ordinances or parts of Ordinances in conflict herewith be and the
same are hereby repealed.
Section 3 - If any section, subsection, clause or provision of this Ordinance is held
invalid, the remainder shall not be effected by such invalidity.
Section 4 - This Ordinance shall he effective on the 31st day of October , 1992.
Passed and Adopted this 21st day of October ,19''.
Allik
Mayor
Attest:
City Clerk
1st reading 10/8/92
2nd reading 10/21/92
FORM APPROVED
LEGAL DEPT.
By
Date
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER
TO:
COMMISSION MEMORANDUM NO.
TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
9Z
Mayor Seymour Gelber and DATE: October 21 , 1992
Members of the City Commission
FROM: Roger M. Canto
City Manager L
SUBJECT:
Amendment to the Unclassified Employees and Elected Officials Pension
System Clarifying the Rights and Benefits of Employees Transferring
Membership from another System to this System
Administrative Recommendation
The Administration recommends that the City Commission adopt this Ordinance on
second reading.
Background
In the Ordinance implementing the recommendations of the Pension System Review
Committee, no consideration was made for current City employees who might receive
promotions into the unclassified service. As a result of this oversight, employees who receive
promotions would be entered into the Unclassified Employees and Elected Officials
Retirement System at the benefit levels for newly hired employees. It was never the
intention of the Review Committee or the Administration to cause promotions to make
current employees enter the Pension System at the benefit level for new employees.
Analysis
This Ordinance will allow for the employees who are promoted to be in the tier of
benefits that current unclassified employees have. Should this Ordinance not be approved,
employees would be adversely impacted by virtue of their accepting a promotion. The effect
would be that employees, who are deserving of promotions, would not accept them because
of the diminution of benefits that such a change would cause.
Conclusion
The Ordinance is a technical clarification of the benefit levels to be granted to
employees receiving promotions to implement the intent of the bifurcation of the benefits
in the System for new employees and as such should be adopted.
AGENDA
ITEM
DATE
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