Ordinance 997 ORDINANCE NO. 997
ORDINANCE NO. 997
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA
ESTABLISHING AN EMPLOYEES' BENEFIT PLAN FOR THE
PURPOSE OF PROVIDING HOSPITALIZATION, MEDICAL
AND SURGICAL BENEFITS FOR ALL REGULAR EMPLOYEES
OF THE CITY OF MIAMI BEACH, FLORIDA; PROVIDING
FOR CONTRIBUTIONS ON A JOINT CONTRIBUTORY BASIS;
PROVIDING FOR THE INVESTMENT OF THE FUNDS OF THE
PLAN; PROVIDING FOR THE ADMINISTRATION AND
OPERATION OF THE PLAN; PROVIDING WHEN THE PLAN
WILL BECOME EFFECTIVE; AND PROVIDING FOR OTHER
MATTERS RELATING THERETO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE _CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1. NAME AND ESTABLISHMENT: The City of Miami Beach
Employees Benefit Plan,
hereinafter referred to as the "Plan" , is hereby established under
and by authority of Chapter 22399, Laws of Florida, Acts of 1943,
as amended by Senate Bill 876, Laws of Florida, Acts of 1951, for
the purpose of providing hospitalization, medical and surgical
benefits for regular employees of the City of Miami Beach, Florida.
SECTION 2. DEFINITIONS: The following words and phrases, as used
in this Ordinance, unless a different
meaning is clearly indicated by the context, shall have the follow-
ing meanings :
a. "City" shall mean the City of Miami Beach, Florida.
b . "Council" shall mean the City Council of the City of
Miami Beach, Florida.
c. "Board" shall mean the governing board as provided for
herein.
d. "Member" shall mean any regular employee of the City of
Miami Beach, participating in this Plan.
e . "Regular Employee" shall mean any officer, department head,
servant or agent of the City regularly receiving compen-
sation from the City for personal services; except, unless
otherwise qualified, members of the City Council, members
of boards or commissions, officers and employees who
receive no salary or a nominal salary, or persons who
are employed on a provisional, original probationary, or
other temporary status under Civil Service regulations.
For the purpose of this Ordinance, persons otherwise
meeting this definition of Regular Employee who are grantea
Leaves of Absence under Civil Service procedures or by the
City Council, and persons otherwise meeting this definition
of Regular Employee who are injured in line of duty with
the City and who are receiving compensation under the
Workman' s Compensation Law, shall be considered as Regular
Employees during such periods of absence from active duty
with the City until formally separated from service with
the City; and Members who are retired for service or
disability under any City pension system shall not be
considered employees. In all cases in which the above
definition requires interpretation, the Board shall decide
who is a Regular Employee within the intent of this
Ordinance .
;SECTION 3. GOVERNING BOARD: The Governing Board shall consist of
the members of the Board of Trustees
of the City pension system authorized under Chapter 18691, Laws of
Florida, Acts of 1937, and shall at all times coincide in its
membership with said Board of Trustees .
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SECTION 4. ADMINISTRATION:
a. The Board shall be responsible for general administration,
management and proper operation of the Plan, and for
making effective the provisions of this Ordinance.
b. The Board is hereby authorized to enter into agreements,
contracts or other legal arrangements with service,
insurance, or other similar organizations to provide
hospitalization, medical and surgical benefits, or any
combination of such benefits; or the Board may organize
and operate any or all parts of the Plan as a self-
administered City Plan.
c . The City Attorney, or his assistant, shall be legal
advisor to the Board.
d. The City Clerk of the City shall be treasurer of the Plan,
and shall have custody of its funds. All payments from
the funds of the Plan shall be made by regular City
vouchers, but only after the payment shall have been
previously authorized by the Board. The City Clerk shall
also furnish such clerical and other assistance as is
required to enable the Board to properly administer the
Plan.
e. The Board shall have authority, limited by the funds
provided for its operatiofi in the City budget, to designate
as consultants such specialists as Medical Doctors,
Osteopathic Physicians, Surgeons, Actuaries, Accountants
and Auditors, and may fix the fees for such consulting
services.
f. The fiscal year of the Plan shall begin with January 1st
and end with December 31st of each year, and an annual
report shall be prepared covering each fiscal year ' s
operations, which report shall be reviewed by auditors
selected by the Board.
SECTION 5. BENEFITS: It is the intent of this Plan to provide
Regular Employees of the City protection
against serious financial reverses arising out of non-service
connected physical disabilitites of the employees and their
immediate families, which are not intentionally self-inflicted or
the result of their own misconduct; and this Plan is intended to
supplement benefits provided for service connected injuries by the
Workman's Compensation Law in offering Regular Employees an oppor-
tunity for protection against other physical exigencies . The
general scope of benefits shall as nearly as practicable conform to
the following:
a. HOSPITALIZATION: Hospitalization shall be provided for
all cases involving surgery, and for
illnesses under such limitations as the Board shall
determine . Rates may be separately established, and
optional, for private, semi-private or ward accommodations .
b. MEDICAL SERVICE: Medical Service shall be provided for
all illnesses requiring hospitalization,
and for convalescence following hospitalization when
required, not to exceed one (1) call per day. This Medical
Service may be made available in cases of illness which
would normally involve hospitalization, but which because
of special circumstances is treated in a home .
c. SURGICAL SERVICE: Surgical Service shall be provided for
all illnesses requiring the use of a
medical surgeon for purposes of operating.
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SECTION 6. MEMBERSHIP:
a. Regular Employees of the City as of the effective date
of this Ordinance, for a period of six (6) months after
the Board and the City Council shall first approve
agreements, shall have their option as to becoming
members of this Plan without preliminary medical
examination. Such Regular Employees as do not elect
to become members within the six (6) month period
prescribed, may later be admitted to membership as of
the beginning of a fiscal year, subject to the passing
of a medical examination by those persons proposed to
be covered by such Regular Employee, and the payment
of such reasonable fee as the Board shall determine.
b. Persons who become Regular Employees of the City subsequent
to the effective date of this ordinance shall automatically
be included in the membership of the Plan without further
medical examination; except that it shall not be com-
pulsory for any Regular Employee to become a member if
he files with the City Council a formal objection on the
grounds of religious beliefs or convictions.
c . Membership in the Plan, once established, shall continue
so long as the member remains a Regular Employee as
defined herein. The Board shall prescribe conditions
under which a member who, is retired under any pension
system of the City may continue his agreement and be
entitled to benefits during the period of retirement; and
may also provide means by which members who suffer service
connected injuries and who 'receive benefits under the
i Workman's Compensation Law may discontinue agreements
during such periods.
SECTION 7. AGREEMENTS: Members shall enter into agreements with
the Plan, which agreements shall be
prepared by the Board and approved by the City Council, and which
may provide for optional benefits as follows:
a. Hospitalization only.
b. Hospitalization and Surgical Service.
c. Hospitalization, Medical Service and Surgical Service .
Such agreements may be for member only, may be for member and spouse,
or may be on a family basis including spouse and unmarried children
of either or both under the age of nineteen (19) years. Once
agreements are entered into they may not be changed except during
a period of thirty (30) days immediately preceding the start of a
new fiscal year. An exception to the above shall be made in the
case of a member who enters into active military service in the
Armed Forces of the United States. Such member shall be permitted
to change his agreement to cover only spouse and children at such
time as he is called to active duty.
SECTION 8. CONTRIBUTIONS:
a. MEMBER: The contribution of a member shall be one-half
(1/2) of the cost of the benefits provided for
in his agreement, as such costs are determined by the
Board.
b. CITY: The contribution of the City on behalf of the
members shall be one-half (1/2) of the cost of
the benefits provided for in the agreements as such costs
are determined by the Board, but not to exceed twenty
dollars ($20.00) per year for an agreement covering a
member only, nor to exceed forty-five dollars ($45.00)
per year for agreements covering a member and his family.
The City shall make no contribution on behalf of members
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who are on Leaves of Absence other than for training
authorized in connection with their City duties,
sickness or military service; but shall contribute at
the same rate on behalf of members who have been
retired and who elect to continue their agreements.
The Board shall ascertain annually the total amount of
contribution to be made by the City on behalf of members
of this Plan, and shall certify such amount together
with an estimate of administrative costs, to the City
Manager for his review, recommendations, and submission
to the City Council for their approval and inclusion in
the annual budget .
SECTION 9. PAYROLL DEDUCTIONS: The Board shall certify to the
proper authority or officer
responsible for making up payrolls, the amount of deduction to be
made from the pay of each Member of this Plan, and the proper
authority or officer responsible for making up the payrolls shall
cause to be deducted from the moneys due each member the amount
of contribution so certified. The contributions of members who
have been retired and who elect to continue their agreements shall
be deducted from the payrolls of the pension system under which such
members retired; and where agreements are continued with members
who are receiving Workman's Compensation payments, the contributions
for such members shall be deducted from the Workman's Compensation
payroll . Arrangements, satisfactory to the Board, shall be made
for the collection of the Member contribution in such cases as the
Member is receiving no payment from the City. The amounts so
deducted or collected shall be turned over to the Treasurer of the
Plan and paid into the funds of the Plan. Every Member shall be
deemed to consent and agree to the deductions made and provided for
herein, and shall receipt for his full salary, Pension or Workman' s
Compensation payment; and such payment less the deductions provided
for herein, shall be full and complete discharge and acquittance of
all claims and demands by such Member for the period covered by
such payment, except as to the benefits provided by the Plan.
SECTION 10. INVESTMENT OF FUNDS: The Board shall be trustee of
the funds of the Plan, and shall
have authority to invest and re-invest such funds in obligations of
the City of Miami Beach, the interest and principal of which are
unrenditionally guaranteed by the City Government, or in obligations
of the Federal Government, the interest and principal of which are
unconditionally guaranteed by the Federal Government; and subject
to such limitations, the Board shall have full power to hold,
purchase, sell, assign, transfer and dispose of any of the
securities and investments in which the funds have been invested
as well as the proceeds of such investments and the moneys enuring
to such funds. All interest and other earnings on moneys of the
Plan shall be credited to the Plan.
SECTION 11. The Plan shall become effective as soon as practicable
after the effective date of this ordinance.
SECTION 12. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 13. This ordinance shall go into effect immediately upon
its passage and posting as required by law.
PASSED and ADOPTED this 5th day of December, A. D. 1951 .
V� _
ATTEST: Mayor
L';? (2
City Clerk
1st reading - November 28, 1951
2nd reading - November 28, 1951
3rd reading - December 5, 1951
POSTED - December 6, 1951 -4-
STATE OF FLORIDA
COUNTY OF DADE:
I, C. W. TOMLINSON, City Clerk in and for the City
of Miami Beach, Florida, do hereby certify that Ordinance No.
997, entitled: "AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
ESTABLISHING AN EMPLOYEES' BENEFIT PLAN FOR THE PURPOSE OF PROVIDING
HOSPITALIZATION, MEDICAL AND SURGICAL BENEFITS FOR ALL REGULAR
EMPLOYEES OF THE CITY OF MIAMI BEACH, FLORIDA; PROVIDING FOR
CONTRIBUTIONS ON A JOINT CONTRIBUTORY BASIS; PROVIDING FOR THE
INVESTMENT OF THE FUNDS OF THE PLAN; PROVIDING FOR THE ADMINISTRATION
AND OPERATION OF THE PLAN; PROVIDING WHEN THE PLAN WILL BECOME
EFFECTIVE; AND PROVIDING FOR OTHER MATTERS RELATING THERETO" , having
been passed and adopted by the City Council of the City of Miami
Beach, Florida, has been posted by me in three conspicuous places
in the City Hall in said City on the 6th day of December, A.D. 1951,
and that said Ordinance remained posted for a period of at least
thirty days in accordance with the requirements of the City Charter
of the said City of Miami Beach.
IN WITNESS WHEREOF I have hereunto set my hand and
affixed the official seal of the City of Miami Beach, Florida,
on this the 31st day of January, A.D. 1952.
City Clerk
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