Resolution 5633 RESOLUTION NO. 5633
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI
BEACH, FLORIDA, that it is deemed to the best interest of said
City to secure the passage, at the 1943 session of the State
Legislature, of a bill entitled,
"AN ACT AlTNDING SECTION 1 AND SECTION 4 OF CHAPTER
18691, LAWS OF FLORIDA ACTS OF 1937, WHICH CHAPTER IS
ENTITLED, "AN ACT TO ATHORI7E THE CITY COUNCIL OF
THE CITY OF MIAMI BEACH, FLORIDA, TO ESTABLISH FY
ORDINANCE A PENSION, ANNUITY AND RETIREMENT SYSTEM FOR
ANY OR ALL GROUPS OF OFFICERS AND EMPLOYEES IN THE
SERVICE OF SAID CITY: TO PROVIDE FOR DISABILITY AND
DEATH BENEFITS; TO PROVIDE FOR CONTRIBUTION TO THE
COSTS THEREOF ON AN ACTUUGAL BASIS; PROVIDING FOR THE
• MANNER IN WHICH OFFICERS AND ALL EMPLOYEES MAY COME
UNDER THE OPERATION OF SAID SYSTEM. PROVIDING FOR
REPAYMENT TO MEMBERS LEAVING THE SERVICE OF THE CITY;
PROVIDING FOR THE INVESTMENT OF FUNDS CREATED UNDER
SAID SYSTEM• PROVIDING FORE ADMINISTRATION OF SAID
SYSTEM• AND PROVIDING FOR THE SUBMISgION OF SAID
ORDINANCE TO REFERENDUM OF QUALIFIED VOTERS OF SAID
CITY; WHEN SAID ACT SHALL TAKE EFFECT AND OTHER MATTERS
RELATING THERETO; " BY PROVIDING THAT EMPLOYEES OF
SAID CITY MAY MAKE VOLUNTARY CONTRIBUTIONS TO SAID
SYSTEM BEYOND THE REQUIRED 'CONTRIBUTIONS AND RECEIVE
SPECIAL BENEFITS THEREFOR WITHOUT AtDITIONAL CONTRIBUTION
BEING MADE BY SAID CITY, EXCEPT FOR THE PAYMENT OF
INTEREST ON SUCH VOLUNTARY CONTRIBUTIONS• PROVIDING FOR
THE SUBMISSION TO REFERENDUM OF ORDINANCES MAKING MANDATORY
ANY "CONTRIBUTIONS OTHER THAN CONTRIBUTIONS BY SAID CITY
FOR PAYMENT OF INTEREST. "
BE IT FURTHER RESOLVED that copies of this Resolution
and of said bill be furnished to the Hon. Ernest R. Graham, the
Hon. Marshall C. Wiseheart, the Hon. C. W. Peters, and the Hon.
R. B . Gautier, Jr. , members of the State Legislature from Dade
County, and that they each be respectfully requested to see that
a bill, substantially in accordance with said copy be introduced
and passed et said session.
PASSED AND ADOPTED this lth day of March, A. D. 1943.
Mayor
ATTEST;
City Clerk
A BILL TO BE ENTITLED:
AN ACT AMENDING SECTION 1 AND SECTION 4
OF CHAPTER 18691, LAWS OF FLORIDA, ACTS
OF 1937, WHICH CHAPTER IS ENTITLED, "AN
ACT TO AUTHORIZE THE CITY COUNCIL OF THE
CITY OF MIAMI BEACH, FLORIDA, TO ESTABLISH
BY ORDINANCE A PENSION, ANNUITY AND RE-
TIREMENT SYSTEM FOR ANY OR ALL GROUPS OF
OFFICERS AND EMPLOYEES IN THE SERVICE OF
SAID CITY; TO PROVIDE FOR DISABILITY AND
DEATH BENEFITS; TO PROVIDE FOR 00ATRI3U.
TION TO THE COSTS THERLOF ON AN ACTUARIAL
BASIS; PROVIDING FOR THE MANNER IN WHICH
OPFICERS AND ALL EMPLOYEES MAY COME UND.1R
THE OPERATION OF SAID SYSTEM; PROVIDING
FOR REPAYMENT TO MEMBERS LEAVING THE SEF,-
VICE OF THE CITY; PROVIDING FOR ThE IN-
VELTMENT OF FUNDS CREATED UNDER SAID SYS-
TEM; PROVIDING FOR THE ADMINISTRATION
OF SAID SYSTEM; AND PROVIDING FOR THE
SUBMISSION OF SAID ORDINANCE TO REFEREN-
DUM OF QUALIFIED VOTERS OF SAID CITY;
WHEN SAID ACT SHALL TAKE EFFECT AND OTHER
NATTERS RELATING THERPff0;" BY PROVIDING
THAT EMPLOYEES OF SAID CITY MAY MAKE
VOLUNTARY CONTRIHUTIONS TO SAID SYSTEM
BEYOND TEE RIAIUIRED CCNTR BUTTONS AND RE-
CEIVE SPECIAL BENEFITS TJ N EFOR WITHOUT
ADDITIONAL CONTRIBUTION BEING MADE BY
SAID CITY, EXCEPT FOR ThE PAYMENT OF IN-
TE4A4T ON SUCH VOLUNTARY CONTRIBUTIONS;
PROVIDING FOR THE SUBMISSION TO REFEREN-
DUM OF ORDINANCES MAKING MANDATORY ANY
CONTRIBUTIONS OThEH THAN OONTRii-,UTTONS BY
SAID CITY FOR PAYMENT OF INTA...;RST.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF FLORIDA:
SECTION_1. That Section 1 of Chapter le691 of the Laws of Florida,
-
----- Acts of 1937, be 9.nd the same is hereby amended so
as to read as follows :
USection 1. The City 6ouncil of the City of
Miami Beach shall have authority to establish
by ordinance a pension, annuity and retirement
system for any or all groups or officers and
employees in the service of said City. Any
system so estaOlished may provide for disability
and death benefits. Any such pension and re-
tirement system shall be established on a jointly
contributory basis, with the officers and em-
ployees bearing one third and the City two thirds
of the cost, except as to prior service charq,es,
which may be borne entirely by the City. The
coat of the system shall be determined actuarially
on the basis of such mortality and service tables
as the Council shall approve and shall be calcu-
lated and contributed as a uniform or decreasing
percentage of the payroll of members. No system
requiring an increasing percentage of the payroll
to be paid as the contribution of either the mem-
bers or the City shall be established. Provided,
however, that said system may contain provisions
whereby employees may, at their option, make
greater contributions than the compulsory con-
tributions herein provided for, in considera-
.
tion *erect such employees shall receive ad-
ditii-mal and special benefits, which shall be
fixed and determined by ordinance, and in the
event of the exercise of such option by an em-
ployeel_ no additional contributions shall be
made by the City to defray tl-e costs of any such
special benefits, except that the City shall con-
til.bute thn amount necessary so that interest
at the same rate as may be provided for interest
on Vne coe-pulsor • contributions provided Cor
hereunder, may be paid on the voluntary contri-
'butiona made by the employees for such special
teneflts. In no event the required con-
tributions andthe voiuntary coetriutions ex-
Caed ten per cent of the salary or wage of the
C-Ontributin6. eember. The provisions of the or-
dinance establishing such a pension and retire-
ment system shall require periodic actuarial
evaluations which shall serve as the basis of
any changes in the rates of contributions and
shall also provide for the maintenance at all
times of adequate reserves. Any officer or
employee of the City at the time of the es-
tablishment of such system shall have for a
reasonable time thereafter the privilege of
becomin; a memoer of the system so established
and to share its benefits, Officers and em-
ployees thereafter appointed in the classified
service shall be required to join the system
as a condition of employment. Any system es-
tablished under this Act shall provide that
any employee leaving the service of the City
for any reason shall receive from the pension
fund a sum at least equal to his contribution. "
SNOTION 2. That Section 4 of Chapter 18691 of the Laws of Florida,
Acts of 1937, be and the same is hereby amended to
read as follows :
°Section 4. No ordinance enacted under the pro-
visions of this act which makes mandatory any
contributions, other than contributions by the
City of Viami Beach for the purpose of paying
interest on contributions made by employees,
shall become effective until a majority of the
qualified voters of the City of eliami Beach
voting on the same at a special or general elec-
tion called for such purpose shall vote in favor
thereof. Said election shall be held and con-
ducted in substantial conformity with the manner
of holding and conducting other elections in
said City. The form of ballot to be used at
said election shall be fixed by the City Council
of the City of Miami Beach, Florida. "
SECTION 3. All laws aria parts of laws in conflict herewith are
hereby repealed.
SECTION 4. This Act shall take effect immediately upon its be-
coming a law.
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