Ordinance 1388ORDINANCE NO.
AN ORDINANCE AMENDING SECTIONS 2.36, 2.38,
2.40, 2.41, 2.42 and 2.43 OF "THE CODE OF
THE CITY OF MIAMI BEACH, FLORIDA, 1950".
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1 That Section 2.36 of "The Code of the City of Miami
Beach, Florida, 1950" be and the same is hereby
amended to read as follows:
"Sec. 2.36. DEFINITIONS: The following words and phrases,
as used in this Article, unless a different
meaning is clearly indicated by the context, shall have
the following meanings:
a. "City" shall mean the City of Miami Beach, FloridE
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 member of the
City Council, officer, department head, regular
employees in the Legal Department employed on a
full-time basis, servant or agent of the City
regularly receiving compensation from the City
for personal services; except, unless otherwise
qualified, members of boards or commissions,
officers and employees who receive no salary or
a nominal salary, contractual employees, or
persons who are employed on a provisional,
original probationary, or other temporary status
under Civil Service regulations. For the
purpose of this article, persons otherwise
meeting this definition of "Regular Employee"
who are granted 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 compen-
sation under the Workmen'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, and Pensioners, subject to such conditions
as hereinafter specified, shall 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 article."
SECTION 2 That Section 2.38 of "The Code of the City of
Miami Beach, Florida, 1950" be and the same is
hereby amended to read as follows:
"Sec. 2.38. 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 article. The Director of
Personnel shall furnish such clerical and other
assistance as is required to enable the Board
to properly administer the plan.
b. The Board is Hereby authorized to enter into
agreements, contracts or other legal arrangements
with service, insurance, or 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.
e. The Board shall have authority, limited by the
funds provided for its operation 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 on
October 1st and end on September 30th of each
year, and an annual report shall be prepared
covering each fiscal year's operations, which
shall be reviewed by auditors selected by the
Board."
SECTION 3 That Section 2.40 of "The Code of the City of Miami
Beach, Florida, 1950" be and the same is hereby
amended to read as follows:
"Sec. 2.40. MEMBERSHIP
a. Regular Employees of the City as of January 5,
1952, 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, subject to the passing of a medical
examination by those persons proposed to be covered
by such Regular Employee, and by him, and the
payment of such reasonable fee as the Board shall
determine.
"b. Persons who become Regular Employees of the
City subsequent to January 5, 1952 shall
automatically be included in the membership of
the Plan without further medical examination
except that it shall not be compulsory 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,
and any pensioner, may continue his agreement
and be entitled to benefits during the period of
retirement or pension, provided, however, that a
pensioner's right to participate in the Plan
shall terminate upon marriage or remarriage; and
may also provide means by which Members who
suffer service -connected injuries, and who receive
benefits under the Workmen's Compensation Law
may discontinue agreements during such periods."
SECTION 4 That Section 2.41 of "The Code of the City of Miami
Beach, Florida, 1950" be and the same is hereby
amended to read as follows:
"Sec. 2.41. 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."
SECTION 5 That Section 2.42 of "The Code of the City of Miami
Beach, Florida, 1950" be and the same is hereby
amended to read as follows:
"Sec. 2.42. CONTRIBUTIONS:
a. MEMBER. The contribution of a member shall be
one-half (2) of the cost of the benefits
provided for in his agreement, as such costs are
determined by the Board.
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"b. CITY. The contribution of the City on behalf of
the members shall be one-half (2) of the
cost of the benefits provided for in the agreements
as such costs are determined by the Board, but not
to exceed Thirty-two Dollars -($32.00) per year for an
agreement covering a member only, nor to exceed
Eighty Dollars ($80.00) per year for agreements
covering a member and his family. The City shall
continue to contribute at the same rate for members
who are absent on authorized leave, sickness or
military service; and shall contribute at the same
rate on behalf of retirants who elect to continue
their agreements, and pensioners who elect to
become members of the Plan. The Board shall ascertai:
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 6 That Section 2.43 of "The Code of the City of Miami
Beach, Florida, 1950" be and the same is hereby
amended to read as follows:
"Sec. 2.43. PAYROLL DEDliCTIONS: 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.
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 or pension 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 7 That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 8 This ordinance shall go into effect immediately upon
its passage and posting as required by law.
PASSED AND ADOPTED this 7th ay of S mber(1.960.
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City Cferk
1st reading - August 17, 1960 3rd reading - September 7,1960
2nd reading - August 17, 1960 Posted - September 7,1960
Mayor
STATE OF FLORIDA
COUNTY OF DADE:
I, R. WM. L. JOHNSON, City Clerk in and for the City
of Miami Beach, Florida, do hereby certify that Ordinance No.
entitled:
"AN ORDINANCE AMENDING SECTIONS 2.36, 2.38, 2.40, 2.41,
2.42 and 2.43 OF 'THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA, 1950'",
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 of Miami Beach, one of which was at the door of
the City Hall in said City on the 7th day of September, 1960,
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 2nd day of November, 1960.
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City C
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