Ordinance 1553r
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ORDINANCE NO. 1553
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AN ORDINANCE AMENDING ORDINANCE NO. 845 OF THE CITY
OF MIAMI BEACH, FLORIDA, EDTTITLED "AN ORDINANCE
PROVIDING FOR THE CREATION �3ND MAINTENANCE OF A PENSION
AND RETIREMENT SYSTEM FOR CERTAIN EMPLOYEES OF THE
CITY OF' MIAMI BEACH, FLORIDA
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION l. That Subsection 4e02 of Ord.inance No. 845 of the City
of Miami Beach, Florida, reading as foll�ws:
"4. 02
"Any E:npl�yee Member may make additional contributions at such
rate per cent as he may designate in writing, provided, however,
that such ad.d.itional contributions together with his Employee Normal
Contributions shall not exceed. ten (10) percent of his earnings.
Such d.esignation shall specify the percentage to be withheld as
Additional Contributions and. shall be continued. in force from year
to year unless such Employee Member shall, by written notice,
terminate such arrangement, or elect to contribute at a changed
rate of deduction, at least thirty (30) d.ays preceding the start of
the new fiscal year. Additional Contributions may be withd,rawn only
under the same cond.itions as Employee Normal Contributions are with-
drawn; except that, upon approval of a Disability or Service Retire-
ment, under the terms of this Ordinance, the Retirant may elect to
withd.raw, as a lump sum, all or any part of such Accumulated.
Adc�.itional Contributions stand.ing to his credit, or may elect to use
all or any part of such Accumulated. Add.itional Contributions to
provide an increased Retirement Allowance, computed over, and
payable for, his life expectancy, as established by the Actuarial
Tab les in effect at the time of his retirement. In the event of the
d.eath of such Retirant prior to the accumulated. Additional Contr-
ibutions having been fully paid. out, the payment shall be continued.,
so long as any balance of Accumulated Add.itional Contributions
remain, at the same rate to a d.esignated Dependent Beneficiary, or
if no D�pend.ent Beneficiary is designated or survives, the balance
of the Accumulated. Add.itional Contributions shall be paid. in a lump
sum to a designated. Non-aependent Beneficiary, or to the estate if
no Beneficiary is designated. or survives."
be and. the same is hereby amended. to read as follows:
"4.02 Any Employee Member may make ad.d.itional contributions at suGh
rate per cent as he may designate in writing, provid.ed., however,
that such additional contributions together with his Employee Normal
Contributions shall not exceed ten (10) per cent of his earnings.
Such designation shall specify the percentage to be withheld as
Additional Contributions and shall be continued in force from year
to year unless such Employee Member shall, by written notice,
terminate such arrangement, or elect to contribute at a changed.
rate of ded.uction, at least thirty (30) days preced.ing the start of
a new fiscal year. Ad.d.itional Contributions may be withdrawn only
under the same conditions as Employee Normal Contributions are with-
drawn; except as provid.ed in Subsection 4.03 hereof, Add.itional
Contributions may be withd.rawn only under the same conditions as
Employee Normal Contributions are withd.rawn, except that, upon
approval of a Disability or Servic�f`-�tetirement or pension, under
the terms of this Ordinance, the Retirant or Pensioner may elect
to withdraw, as a lump sum, all or any part of such Accumulated
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Ad.ditional Contributions stand.ing to his credit, or may elect
to use all or any part of such Accumulated Add.itional Contributions
to provide an increased Retirement Allowance or pension, computed.
over and payable for his life expectancy, as established. by the
Actuarial Tables in effect at the time of his retirementr In the
event of the death of such Retirant or Pensioner prior to the
accumulated Additional Contributions having been fully paid out,
the payment shall be continued., so long as any l�lance of
Accumulated Ad.ditional Contributions remain, at the same rate to
a d.esignated Dependent Beneficiary, or if no Dependent Beneficiary
is d.esignated. or survives, the balance of the Accumulated Ad.ditional
Contributions shall be paid in a lump sum to a d.esignated. Non-
d.epend.ent Beneficiary, or to the estate if no Beneficiary is
designated or survives."
SECTION 2. That Section 4.03 of Ordinance No. 845 of the City of Miami
Beach, Florida, reading as follows:
"4.03 Members of the System created by this Ord.inance who later
become eligible for and elect to join the Police and Fire Pension
Plan shall be refunded all of their Total Employee �redit, and. the
Total City Cred.it shall be forfeited and transferred. to the
Reserve Fund of the System created. by this Ord.inance. The refund.
of the Total Employee Credit, under the provisions of this Section,
s�all have the effect of cancelling all Service Cr�dits and. other
rights in this System, and. such Service rights shall not be rein-
stated upon his subsequently becoming a member of this System,
or for any other reason."
be and the same is hereby amend.ed to read. as follows:
"4.03 Members of the System created by this Ord.inance who later
become eligible for and elect to join the Police and Firemen's
Pension Plan shall be refunded their Employee Addi,tional Contri-
butions and all other credits shall be transferred. to the "City
Pension Fund for Fireman & Policemen in the City of Miami Beach".
Such transfer shall have the effect of cancelling all service
credits and other rights in this System."
SECTION 3. That Subsection 4.04.02 of Ordinance No. 845 of the City of
Miami Beach, Florida, read.ing as follows:
��4. 0�. 02
.O1 An amount equal to two (2} times the amount contributed.
to the S�rvice Disability Reserve Fund by Employee Members
during the preced.ing year, as provided. in Section 4.11.
.02 Such amount as is required to reimburse the System for
payments, during the preced.ing year, of that por tion of
minimum Retirement Allowances not provid.ed for by the credits
of the individual Retirants whose credits were insufficient
to produce the minimum Retirement Allowance provid.ed for in
Subsections 5.03.05 and. 5.04.05.
.03 Such amount as is required to reimburse the System for
payments, during the preced.ing year, of Retirement Allowance
and Pension increases provided for in Subsection 5.07.
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.04 Such amount as is required to reimburse the System
for payments, during the preceing year, of the cost-of-
living adjustments provid.ed for in S�bsection 5.14.
.05 Such amount, in add.ition to the above, as is determined
actuarially to be required to fully provid.e for all the benefits
of this System. Any liability accruing under Section 5A for
past service credits shall be amor tized. over a period of thir ty
(30) years. "
be and the same is hereby amended to read as follows:
"4.04.02 At the end. of each year:
.Ol An amount equal to two (2� times the amount contributed.
to the Service Disability Reserve Fund b Employee Members
during the preceding year, as provided in Section 4.11,
.02 Such amount as is required to reimburse the System for
payments, d.uring the preceding year, of Retirement Allowance
an�l�`Pension increases provided for in Subsection 5.07.
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.03 Such amount, in a�dition t� the abflve, as is d.etermined
actuarially to be required. to fully provide for all the benefits
of this System. Any liability accruing under Section 5A for
past service credits shall be amortized over a period of thir ty
(30) years."
SECTION 4. That Subsection 4.10.01.05 of Ordinance No. 845 of the City
of Miami Beach, Florida, reading as follows:
"4.10.01.05 Forfeitures arising by reason of Separation Refunds,
or any reason of loss of inembership through becoming a member of
the Police and Fire Pension Plan or otherwise, subject to the
restrictions provided in Sectifln 4.12."
be and the same is hereby amended to read as follows:
"4.10.01.05 Forfeitures arising by reason of Separation Refunds,
flr otherwise, subject t� the restrictions provided in Subsection
4 . 12 here�f . "
SECTION 5. That Ordinance No. 845 of the City of Miami Beach, Florida,
be and. the same is hereby amended. by adding, immed.iately
after Subsection 4.10.01.09 two ad.d.itional subsections read.ing as follows:
"4.10.01.10 Such amount as is rec�uired to pay the minimum Retire-
ment All�wance provided for in Subsection 5.03.05 and in Subsection
5.04.05 hereof.
4.10.01.11 Such amount as is necessary to pay the cost-of-living
adjustment provided for in Subsection 5.14 hereof."
SECTION 6. That Ordinance No. 845 of the City of Miami Beach, Florida
be and the same is hereby amend.ed, by add.ing thereto,
immed.iately after Subsection 4.10.02.06 two ad.ditional subsections to
read as follows:
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"4.10.02.07 Such amount as is required to pay the minimum
Retirement Allowance provided. for in Subsection 5.03.05 and.
in Subsection 5.04.05 hereof.
4.10.02.08 Such amount as is required to pay the cast-of-living
adjustment provid.ed for in Subsection 5.14 hereof."
SECTION 7. That Subsection 4.13 of Ord.inance No. 845 of the City of Miami
Beach, Florida, reading as follows:
"4.13 Any Member of the Retirement System created by this
Orr�inance who is granted a Military L�ave of Absence from service
with the City for active d.uty as a member of the Armed. Forces
of the United States, shall have the privilege of continuing his
Employee Normal Contributions d.uring the period covered by such
L�ave, at the rate and on the salary basis w�zich determined the
amount of Employee Normal Contributions at the time such Military
Lpave was granted., the salary basis for such Members paid by the
hour to be a forty-eight (48) hour week; or such Member upon his
return to his City duties may, within three (3) years thereafter,
make a lump sum contribution equivalent to �is accumulated. Employee
Normal Contributions for the period. of Military Leave and interest
thereon at three (3) per cent compound.ed annually. Notwithstanding
the definition of "Creditable Service", or any other provisions of
this Ordinance to the contrary, any period. of Military Leave for
which a Member contributes as provid.ed. above shall be deemed
Creditable Service . "
be and the same is hereby amended. to read as follows:
"4.13 Any Me�nber of the Retirement System created by this
Ordinance who is granted. a Military L�ave of �bsence from
service with the City fo� active d.uty as a member of the Z�rmed
Forces of the United States shall have the privilege of contin-
uing his Em�loyee Normal Contributi�ns during the period �avered.
by such Leave, at the rate and. on the salary basis w�ich d.etermined
the amo�.nt of Ez�nployee Normal Contributions at the time such
Military Leave was granted, or such Member, upon his return t�o
his City duties may, within three (3) years thereafter, make a
lump sum contribution e�uivalent to his accumulated. Employee
Normal Contributions for the period of Military I,eave and interest
thereon at three (3) per cent compounded annually. Notwithstanding
the definition of "Creditable S�rvice", or any other provisions
of this Ordinance to the c�ntrary, any period of Military Leave
for wnich a Member contributes, as provided. abflve, shall be deemed
Cred itable Service . "
SECTION 8. That Subsection 6.02.02 of Ordinance No. 845 of the City of
Miami Beach, Florida, reading as follows:
"6.02.02 The Personnel D��partment shall be responsible for
computing the amount of Employee Normal and Em�loyee Additio�al
Contributions for each Emplflyee Member and. for entering such
amount as a ded.uction from the compensation of each such Employee
Member on the City �ayrolls, and shall certify all payrolls on
which any such deductions are entered.."
be and. the same is hereby amend.ed to read. as follows:
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"6 . 02 . 02 The Per sonne 1 Dzpar tment sha 11 ver i fy the amounts entered
by the Payroll Department as a deduction for Employee Normal and
Employee Additional Contributions for each Employee Member on the
City' s payrolls and. shall certify all payrolls on which such
d.eductions are entered."
SECTION 9. That Subsection 6.03.04 of Ordinance No. 845 of the City of
Miami Beach, Florid.a, reading as follows:
"6.03.04 For purpose of ineeting current disbursements, there
shall be kept on d.eposit, available cash ec�ual in am�unt to the
regular pred.ictable demands for the ensuing six (6� months."
be and the same is hereby amended. to read. as follows:
"6.03.04 For the purpose of ineeting current d.isbursements, there
shall be kept on d.eposit available cash equal in amount to the
regular pred.ictable demand.s for the ensuing month. "
SECTION 10. That Subsection 8.04 of Ord.inance No. 845 of the City of Miami
Beach, Florida, reading as follows:
"8.04 No provision of any other law or ordinance, which provides
wholly or par tly, at the expense of the City, for retirement allow-
ances, pensions, or other benefits for employees of the City, their
widows or other d.ependents, shall apply to Members or Beneficiaries
of the System established by this O�.dinance; provided, however,
that any amounts payable by the City und.er the provisions of the
State Workmen`s Compensation or similar law, to a Member or to the
D��pendent Beneficiary of a d.eceased. Member, on account of service
connected disability or death, s�all be payable in ad.dition to the
benefits provided hereunder."
be and. the same is hereby amend.ed. to read as follows:
"No provision of any other law or ord.inance, wLzich provides wholly
or partly, at the expense of the City, for retirement allowances,
pensions, or other benefits for employees of the City, their wid.ows
or other dependents, shall apply to Members or Beneficiaries of
the System established. by this Ord.inance. "
SECTION 11.
SECTION 12.
That all ord.inances or parts of ord.inances in conflict herewith
be and the same are hereby repealed.
That this ordinance shall go into effect immediately upon
its passage and posting as required by law.
PASSED and ADOPTED this 21st day of April, A. D. 1965.
ATTEST •
City Clerk
� lst reading - April 7, 1965
, 2nd reading - April 7, 1965
3rd reading - April 21, 1965
Posted - April 22, 1965
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STATE OF F�,ORIDA
COU�TTY �F �ADE e
I, Ra �+���ie I�o JOHiVSOv, City Cler'k in ancl ior the
City of i+�iiami Beach, ]�lorida, do hereby certify �hat
Ordinance i'�e 1553 enti�led�
"AN ORDINANCE AMENDING ORDI1rTANCE NO. 845 OF THE CITY OF MIAMI
BEACH, FLORIDA, ENTITLED 'AN ORDINANCE PR4VIDING FOR THE
CREATION AND MAINTENANCE OF A PENSION AND RETIRF�I+![ENT SYSTEM
FOR CERTAIN EMPLOYEES OF THE CITY OF MIAA�I BEACH, FLORIDA"',
having been passed and ado�ted by the City Council of the
; City of i�iami Beach, Florida, has been �osted by me in three
cons�icuoua places in the City of i'�iami Beach, on� oi which
was at the door of the Cit� Ha11 in said City on the
22nd day o� April, 1965, anci that said Ordinance
re�nained posted f�or a�eriod o� at least thirt�r days in
accordance wit�z the r�c�uireme��ts o� the Cit� Charter of the
said Ci�y of AZia�ni Beach o
IN V�?IZ'NE�S '�nTHN�REOF I have hereunto set my hand and
affixed the of�icial s�al o:� the City of Miami Beach, Florida,
on th�.� the 16� da� oi June, 1965
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