Loading...
Ordinance 95-3018 ORDINANCE NO. 95-3018 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 1901 WHICH CREATED THE RETIREMENT SYSTEM FOR GENERAL EMPLOYEES, AMENDING ARTICLE 5, ENTITLED "BENEFITS" , AMENDING SECTION 5 . 05, ENTITLED "ACTIVE SERVICE DEATH BENEFITS" BY ELIMINATING THE PROVISION WHICH PROHIBITS A MEMBER FROM RECEIVING BOTH THEIR OWN PENSION AND BENEFITS DUE TO THE DEATH OF A SURVIVING SPOUSE OR SPOUSES; AMENDING SECTION 5 .11, ENTITLED "RETURN TO ACTIVE SERVICE" TO ELIMINATE THE PROVISION WHICH PROHIBITS A PENSIONER WHO IS HIRED BY THE CITY FROM CONTINUING TO RECEIVE BENEFITS AS A BENEFICIARY OF A DECEASED MEMBER; PROVIDING FOR A REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. Whereas, certain provisions of Ordinance No. 1901, which established the Retirement System for General Employees, are in need of amendment in order to prevent loss of beneficiary benefits based upon reemployment by the City; and Whereas, the amendments set forth herein were recommended by the Board of Trustees of the Retirement System for General Employees . NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: 1 SECTION 1. AMENDMENT OF SECTION 5 . 05 . That Section 5 .05, of Article 5 entitled "Benefits" of City of Miami Beach Ordinance No. 1901, is hereby amended as follows : 5 .05 Active Service Death Benefits (a) Upon receipt of evidence, satisfactory to the Board, of the death of a Member who has three (3) or more years of creditable service, a monthly pension shall be paid to the surviving spouse of the deceased Member, provided that said spouse had been married to the Member for at least one (1) year immediately prior to the date of his death. If there is no surviving spouse entitled to such pension, the pension shall be paid to the dependent child or children of the deceased Member, divided in such manner as the Board in its discretion shall determine, to continue until every such child dies or attains twenty-one (21) years of age . (b) The monthly pension payable to the person or persons entitled thereto in accordance with the foregoing Paragraph (a) shall be equal to one-half of the amount computed as a normal service retirement allowance in accordance with Paragraph (c) of Section 5 . 01 as though the date of the Member' s death were his normal retirement date, on the basis of the Member' s final average 2 monthly earnings and creditable service at the time of his death; provided that such pension shall not be less than thirty per centum (30%) nor more than forty per centum (40%) of his final average monthly earnings ; further provided that, in the case of a person who became a Member of the System prior to November 1, 1976, if the Accumulated Employee Contributions credited to the Member at the time of his death are less than would have been credited to him if he had contributed at the rate of six per centum (6%) of his earnings from the time he became a participant under the predecessor system governed by Ordinance No. 845 , the pension computed in accordance with the foregoing provisions of this paragraph shall be reduced by half of the amount by which the retirement allowance of the deceased Member would have been reduced if he were retiring on a normal or early service retirement allowance as of the date of his death; and further provided that, if the pension is payable to a spouse who is more than fifteen (15) years younger than the Member, the pension shall be reduced to an amount which is the actuarial equivalent, of the pension payable to the spouse if said spouse were exactly fifteen (15) years younger than the deceased Member. In the event of the death of the spouse after pension payments have commenced, a pension computed in accordance with the foregoing sentence but prior to any reduction because of the difference in the ages of the deceased Member and 3 the surviving spouse shall be paid to the dependent child or children of the deceased Member under twenty-one (21) years of age, divided in such manner as the Board in its discretion shall determine, until every such child dies or attains twenty-one (21) years of age . following Section 5 . 0-G er bceause e-f the simultancou3 effect of both of thc3c sections . SECTION 2 . AMENDMENT OF SECTION 5 .11. That Section 5 . 11, of Article 5 entitled "Benefits" of City of Miami Beach Ordinance No . 1901, is hereby amended as follows : 5 .11 Return to Active Service (a) If a former Member who is entitled to a vested retirement allowance not yet payable returns to service with the City as an Employee before such allowance has become payable, he shall again become a Member, but benefits payable to him or on his account with respect to his earnings and creditable service after his return shall be based on the provisions applicable to a Member whose employment with the City commences on the date of his return to 4 service . He shall contribute to the System at the rate required, pursuant to Section 6 . 02 , of Employees who become Members for the first time . Creditable service rendered before and after his return to service shall be considered for the purpose of determining his allowance; provided, in the event of his subsequent termination of employment for reasons other than death or retirement, only creditable service rendered after his return to service shall be considered for the purpose of determining his entitlement to a vested retirement allowance with respect to service rendered after his return. Upon subsequent retirement, his retirement allowance shall be equal to the sum of the amounts computed on the basis of the final average monthly earnings and creditable service with respect to each period of continuous service as an Employee; provided that the retirement allowance shall not exceed the retirement allowance which would have been payable if his creditable service had been one period of continuous service . (b) Should a Retirant, other than a disability Retirant restored to service in accordance with Section 5 . 04 (g) , be employed by the City as an Employee, his retirement allowance shall cease, he shall again become a Member of the System, but benefits payable to him or his account with respect to his earnings and creditable service after his return shall be based on the 5 provisions applicable to a Member whose employment with the city commences on the date of his return to service. He shall contribute at the rate required, pursuant to Section 6 . 02, of Employees who become Members for the first time . An amount equal to the excess, if any, of his Accumulated Employee Contributions at the time of his retirement over the amount of retirement allowance payments he received shall be credited to him as Accumulated Employee Contributions as of the date he became a Member. Creditable service rendered before and after his return to service shall be considered for the purpose of determining his entitlement to a normal or early service retirement allowance upon subsequent retirement . Upon subsequent retirement, his retirement allowance shall be equal to the sum of the retirement allowance payable to him during his previous retirement, adjusted actuarially, if he returned to service prior to his normal retirement date, for the period from the date of his return to service to the date of his subsequent retirement or normal retirement date, whichever occurs first, plus the amount computed as a retirement allowance on the basis of his final average monthly earnings and creditable service for the period after his last return; provided that the total retirement allowance shall not exceed the retirement allowance which would have been payable if all years of his creditable service had been a continuous period. If an option had been 6 elected and in effect at the time of his return to service, the option shall continue to be in effect after his return to service, with respect to the retirement allowance payable prior to his return. Pensioner if still -eligible therefee er the benefit, if any, to the System. (c) The return of a disability Retirant to employment with the City prior to his normal retirement date in accordance with Section 5 . 04 (g) shall be governed by said Section 5 . 04 (g) . Return of such a person to employment with the City after his normal retirement date, as defined in Section 5 . 04 , or after the date as of which he ceased to be entitled to a disability retirement allowance pursuant to Section 5 . 04 (h) shall be governed by the provisions of Paragraph (a) or (b) of this Section 5 . 11, whichever is applicable at the time of such return. 7 SECTION 3 . REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4 . SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5 . EFFECTIVE DATE. This Ordinance shall take effect on the 4th day of November 1995 . PASSED AND ADOPTED by the Mayor and City Commission of the City of Miami Beach, Florida this 25th day of Optober , 1995 . Mayor I Attest: M idi aj '4/ City Clerk 1st reading 10/11/95 FORM APPROVED 2nd reading 10/25/95 Legal hep , By • / Date 9 p.s CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO.—7439 9Z TO: Mayor Seymour Gelber and Members of the City Commission DATE:October 25, 1995 FROM: Jose Garcia-Pedrosa I. City Manager SUBJECT: SECOND READ P,'G AMENDING ORDINANCE NO. 1901 WHICH ESTABLISHED THE RETIREMENT SYSTEM FOR GENERAL EMPLOYEES, AMENDING ARTICLE 5, ENTITLED "BENEFITS", AMENDING SECTION 5.05, ENTITLED "ACTIVE SERVICE DEATH BENEFITS" BY ELIMINATING THE PROVISION WHICH PROHIBITS A MEMBER FROM RECEIVING BOTH HIS/HER OWN PENSION AND BENEFITS DUE TO THE DEATH OF A SURVIVING SPOUSE OR SPOUSES;AMENDING SECTION 5.11,ENTITLED "RETURN TO ACTIVE SERVICE" TO ELIMINATE THE PROVISION WHICH PROHIBITS A PENSIONER WHO IS HIRED BY THE CITY FROM CONTINUING TO RECEIVE BENEFITS AS A BENEFICIARY OF A DECEASED MEMBER; PROVIDING FOR A REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. Recommendation The Administration recommends that the Mayor and City Commission adopt this Ordinance at second reading. Analysis Sections 5.05 and 5.11 of Ordinance No. 1901 prohibit the continuation of benefits to a surviving spouse if he/she is an employee of the City. They also prohibit the continuation of benefits to a surviving spouse should the surviving spouse change status and become a city employee or remarry. The Trustees for the Unclassified Employees and Elected Officials Retirement System are of the opinion that a benefit earned by a Member should be allowed to continue to a surviving spouse regardless of his/her status. The Actuary for the Plan, Steve Palmquist,has reported that, since the Members are valued on an individual basis, such an amendment would not cause a negative impact to the Plan. Conclusion This amendment is recommended by the Board of Trustees and is fair and.equitable action. JGP:ma AGENDA ITEM R-3' C— DATE IQ-7 5 9S c:lw\w\ordinanceldbcontinaation.gen U) b a) a) a) 4J ca 'H U• W • r-1 CJ cj H �+ cc ,g . o a) . •t o . in rn Cr% .-.i 0 . � z z° ^ • W a) (n in H O CJ cn }—f• 'Qi H O H G •H O 0 aa)) bD•H bD • a H -0 (24 b a) a) a) E •