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Ordinance 95-3001 ORDINANCE NO. 95-3001 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE 1901 WHICH CREATED THE GENERAL EMPLOYEES PENSION SYSTEM, BY AMENDING SECTION 5.06, DEATH BENEFITS AFTER RETIREMENT, TO DEFINE "PHYSICALLY OR MENTALLY HANDICAPPED CHILD" ; PROVIDING FOR A REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. Whereas, the City Commission of the City of Miami Beach, Florida, adopted Ordinance No. 1901 which created the General Employees Pension System ( "System" ) , and, Whereas, the City Commission is desirous of amending the System as set forth in this Ordinance, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 - That Section 5 . 06 of Ordinance No. 1901 be amended by amending the following paragraph by adding the following language: 5 . 06 Death Benefits after Retirement (c) If any such deceased retirant is not sur- vived by a spouse entitled to a pension in accordance with the foregoing paragraphs of this Section 5 . 06 or if the death of such a spouse occurs after pension payments have commenced in accordance with the foregoing para- graph, the pension which would otherwise have been pay- able to a surviving spouse eligible therefor and not more than fifteen ( 15) years younger than the deceased Retir- ant shall be payable to the dependent child or children of the said deceased Retirant, if any, divided in such manner as the Board in its discretion shall determine, to 1 } continue until every such child 1) marries or dies, or 2) attains eighteen ( 18) years of age or twenty-two (22 ) years of age in the case of a child who is a full-time student in high school or college; provided that in the case of a physically or mentally handicapped child, the pension shall continue until the child recovers from the handicap. As used in this paragraph, a "physically or mentally handicapped child" is one who 1) is unmarried, 2) is entitled to and receives a child's disability bene- fit based upon determination by the Social Security Ad- ministration that the child is unable to do any substan- tial gainful activity by reason of any medically deter- minable physical or mental impairment which can be ex- pected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve ( 12) months and 3) was suffering from such impair- ment prior to attaining eighteen ( 18) years of age (or twenty-two (22 ) years of age in the case of a child who was a full time-student in high school or college) . Not- withstanding the above, only children who were dependent beneficiaries of the Retirant on the date of his retire- ment or termination of service, whichever is first, shall be eligible for a pension under this paragraph. SECTION 2 - REPEALER All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. 2 } SECTION 3 - SEVERABILITY If any section, subsection, clause or phrase of this Ordinance is held to be invalid or unconstitu- tional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. SECTION 4 - EFFECTIVE DATE This Ordinance shall be effective ten days after its adoption. / Passed and adopted this 21st day of Jun: , 1995 . i , IIV Mayor Attest: / FORM A ,t City Clerk �E� t Approve. to Form: atd- -r-e4%� , Sr / Date -4:4-4?_44r City Attor .' 1st reading 6/7/95 2nd reading 6/21/95 indicates material that has been added. 3 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. 44 9 I -9 S TO: Mayor Seymour Gelber and Members of the City Commission DATE: June 21, 1995 FROM: Jose Garcia-Pedrosa City Manager SUBJECT: SECOND READING&ENDING ORDINANCE NO.1901,WHICH ESTABLISHED THE RETIREMENT SYSTEM FOR GENERAL EMPLOYEES OF THE CITY OF MIAMI BEACH BY AMENDING SECTION 5.06,ENTITLED"DEATH BENEFTTS AFTER RETIREMENT", TO DEFINE"PHYSICALLY OR MENTALLY HANDICAPPED CHILD";PROVIDING FOR A REPEALER,SEVERABILITY AND AN EFFECTIVE DATE. Administrative Recommendation The Administration recommends that the Mayor and City Commission pass and adopt this Ordinance upon second reading. Background The City Commission reviewed and passed the Ordinance at first reading, June 7, 1995. Analysis Section 5.06, Death Benefits after Retirement, contains language pertaining to "Handicapped Dependent Child" that is vague. The Board of Trustees and the Union Presidents feel that a more detailed definition of what is meant by"handicapped dependent" is necessary if the provision is to be applied for the purpose in which it was intended. The Actuary has advised that such an amendment will have no financial impact on the Fund, and an impact study will not be necessary. Conclusion This amendment was recommended by the Board of Trustees as necessary for the proper administration of the Ordinance as it pertains to "Handicapped Dependent Child". • AGENDA ITEM , 1 c�w,w�ordinanoe\han&appedgen DATE IA��'—� a) 4-4 v --I a) CD 4-i XI a) O ctj 1., M Q) •. 4 I I a C L1 U a) o• +-) co co 4-i • U >-,•rl O •rl UJ 4-I • az c a) 0 W o a) C7z O CO • P; z — a) 4-+ O H4 p, ca • U a) •• U U) c) O G a) ca a) • G • • O o • I•+ a ui o o, ai W � on oo a) P G 44 RI •r1 a1 P a) 0 •,-1 • c• . ro