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92-2817 Ordinance 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 iI} 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 Section 2 - All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed.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 be effective on the 31st day of October, 1992. Passed and Adopted this 21st day of October , 19 . FORM APPROVED LEGAL DEPT. Attest: rE~ Z.~ City Clerk 1st reading 10/8/92 2nd reading 10/21/92 -"-") By -.:. (:~ D.te~ -/rf'~ CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 CITY OF MIAr\/ll BEACH OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. (~~ y- CJ 2- TO: Mayor Seymour Gelber and Members of the City Commission DATE: October 21, 1992 FROM: Roger M, CaritolJ J J J ;:j I City Manager ~~'vtttl'vv<..=- 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. :l4 DATE R-3-E- .' )O-~l:3~ AGENDA ITEM