Ordinance 97-3071ORDINANCE NO. 9 7-3071
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING ORDINANCE 88-2603
WHICH CREATED THE UNCLASSIFIED
EMPLOYEES AND ELECTED OFFICIALS
RETIREMENT SYSTEM BY ALLOWING
MEMBERS OF THE SYSTEM TO PURCHASE
CREDITABLE SERVICE TIME FOR PREVIOUS
PERIODS OF EMPLOYMENT OF THE CITY,
PROVIDING FOR A REPEALER, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
Whereas, the Mayor and City Commission established a retirement system for
unclassified employees and elected officials of the City with the adoption of Ordinance 88-2603; and
Whereas, such retirement system did not have a provision to allow members of the
system to buy back creditable service time for periods when they previously had been employed by
the City and were a member of this system or its predecessor system; and
Whereas, certain members of the system have such creditable service time and have
asked for the ability to purchase such previously earned service time.
NOW, THEREFORE, BE IT ORDINAND BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
Section 1 That Section 4.01 be amended as follows:
(A) Each Employee or Elected Official who becomes a Member of the Unclassified
System on April 1, 1988, shall be credited under the Unclassified System for creditable
service for which he has they were 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 of which he has they have 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 they elected to
receive his their Accumulated Employee Contributions in accordance with Section 5.07(a).
(B) Any Member shall have a ninety (90) day period beginning on the effective date of
this Ordinance or ninety (90) days from their becoming a Member during which time they
may purchase any prior service time previously earned in a previous period of employment
for which they received compensation in the Unclassified System or the predecessor System
in accordance with Section 4.01( C ) below.
(C) Each Member who elects to acquire additional creditable service time in accordance
with Section 4.01(B) shall pay to the Unclassified System an amount of ten percent (10%)
of the compensation received during the creditable service time to be purchased plus interest
on said amount at the rate of return assumed by the System if service was rendered under the
Predecessor System. For service time to be purchased for creditable service rendered in this
System, the Member shall repay the amount they received under Section 5.07 plus interest
at the rate of return assumed by the System.
Section 2 Repealer
All Ordinances or parts of Ordinances in conflict herewith shall be and the same are
hereby repealed.
Section 3 Severability
In the event any article, section, paragraph, sentence, clause or phrase of this
Ordinance shall be adjudicated invalid or unconstitutional, such adjudication shall in no manner
affect the articles, sections, paragraphs, sentences, clauses or phrases of this Ordinance, which shall
remain in force and effect as fully as if the item adjudged invalid or unconstitutional was not
originally a part hereof.
Section 4 Codification
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article", or other appropriate word.
Section 5 Effective Date
This Ordinance shall take effect ten days after its adoption on second reading.
Passed and Adopted by the Mayor and City Commissio of the City of M i Beach,
Florida this 19th day of February , 1997.
Attest:
City Clerk
First Reading 2/5/97
Second Reading 2/19/97
ayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
1
Date
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER
COMMISSION MEMORANDUM NO. 1 o -9 -1
To: Mayor Seymour Gelber and
Members of the City Commission
From:
Subject:
Jose Garcia -Pedrosa
City Manager
TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
February 19, 1997
SECOND READIN e UBLIC HEARING - AMENDMENT TO THE UNCLASSIFIED
EMPLOYEES AND ELECTED OFFICIALS RETIREMENT SYSTEM PROVIDING
FOR THE PURCHASE OF PRIOR CREDITABLE SERVICE
Administrative Recommendation
The Administration recommends that the Mayor and City Commission approve on second reading
after holding a public hearing, the proposed amendment to the Unclassisfied Employees and Elected
Officials Retirement System providing for the Purchase of Prior Creditable Service.
The first reading was held on February 5, 1997.
Background
At the time that the Unclassified Employees and Elected Officials Retirement System was created
there was no provision included for the purchase of creditable service time when there was a break
in service. This amendment will allow those employees to purchase credit for this period of service
when they had previously been employed by the City and separated their service.
Analysis
There are five persons who would be eligible to purchase creditable service time under this
amendment. The payment required would be equal to ten percent (10%) of the earnings during the
period of service to be purchased plus interest, at the assumed rate of return of the system (currently
9%) from the date of such service. A list of the persons, the time to be purchased, their approximate
cost and the approximate value to them monthly on their retirement is presented below:
Agenda Item � 5 A_
Date '�
Time in Approximate Retirement
Name Years Cost Value
Sy Eisenberg 2.7 2,970 40
Lisa Dixon 5.6 48,500 615
Randy Marks .8 9,380 113
John Garvey 1.7 13,900 230
Sugar Firtel 1.0 4,670 155
The actuary for the System has estimated that this amendment would have no effect on the cost of
the System. The same impact is estimated on the System from making this benefit available to future
Members of the System.
Conclusion
As the persons who would benefit from the correction of this oversight dating back to the creation
of the System would be paying more than half of the cost and there is no annual cost to the City, this
amendment should be approved.
JGP/RJN/cp
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FL 33139
OFFICE OF THE CITY CLERK TELEPHONE # 673-7411
ROBERT E.PARCHER FAX # 673-7254
CITY CLERK
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