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Ordinance 1419ORDINANCE NO. 1419 AN ORDINANCE AMENDING ORDINANCE NO. 845 OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "AN ORDINANCE PROVIDING FOR THE CREATION AND 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 1. That Section 2.02 of Ordinance No. 845 of the City of Miami Beach, Florida be and the same is hereby amended to read as follows: ".02 Beneficiary: The surviving person or persons designated by the Employee Member or Retirant in the last written designation on file with the Board, or in the absence of such survivor or of such designation, the estate of the deceased Member or Retirant, subject to the provisions of Sections 5.06 and 5A.05." SECTION 2. That Section 4.01.01 of Ordinance No. 845 of the City of Miami Beach, Florida be and the same is hereby amended to read as follows: "4.01.01 The standard minimum rate of Employee Normal Contribution shall be five (5) percent of every payment of earnings applicable to his employment by the City of Miami Beach while a Member, on and after the 1st day of July, 1948, until such time as he shall cease to be a Member or shall reach the age of mandatory retirement. If employment is continued beyond the age of mandatory retirement, under the provisions of Sections 5.03.02 or 5A.03.02, the continuance of Employee Normal Contri- butions shall not be compulsory for such Employee Member." SECTION 3. That Section 4.01.02 of Ordinance No. 845 of the City of Miami Beach, Florida be and the same is hereby amended to read as follows: "4.01.02 Beginning January 1, 1950, every such Employee Member may, at his individual election, make Optional Employee Normal Contributions equal to six (6) percent of his earnings; and he shall thereafterfcontri- bute at such rate until such time as he shall cease to be a Member or shall reach the age of mandatory retirement. If employment is continued beyond the age of mandatory retirement under the provisions of Sections 5.03.02 or 5A.03.02, the continuance of the Optional Employee Normal Contributions shall not be compulsory for such Employee Member." SECTION 4. That Section 4 of Ordinance No. 845 of the City of Miami Beach, Florida be and the same is hereby amended by adding thereto, immediately after Section 4.01.02 thereof, additional subsections to read as follows: "4.01.03 Beginning January 1, 1962, every new Member of this System shall contribute at the rate of six (6) percent of every payment of earnings applicable to his employment by the City of Miami Beach. Those who became Employee Members prior to January 1, 1962, and who contri- buted at the rate of five (5) percent must, in order to receive the benefits provided for under Section 5A hereof, contribute at the rate of six (6) percent and pay into their respective accounts for Accumulated Employee Normal Contri- butions, an amount equal to twenty (20) percent of the total amount in that account on the date such Member elected 1 or shall elect to contribute at the rate of six (6) percent. The twenty (20) percent contributions may be made over a period of five (5) years, but the benefits provided under Section 5A shall not be available until the total amount is contributed. In the event of the death of an Employee Member prior to the payment in full of the twenty (20) percent contribution, a lump sum payment of any balance may be made and benefits received under this Section. 4.01.04 Beginning January 1, 1962, no Employee Member will be required to continue his contribution to this System after he has reached forty (40) years of Creditable Service, or after he has reached the age of mandatory retirement, nor shall he be required to contribute on that portion of his salary which exceeds the maximum final average annual earnings provided for in subsection 5A.07 hereof." SECTION 5. That Section 4 of Ordinance No. 845 of the City of Miami Beach, Florida be and the same is hereby amended by adding thereto, immediately after Section 4.04.02.04 thereof, an additional subsection to read as follows: "4.04.02.05 Such amount, in addition to the above, as is determined 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 thirty (30) years." SECTION 6. That Section 4 of Ordinance No. 845 of the City of Miami Beach, Florida be and the same is hereby amended by adding thereto, immediately after Section 4.07.01.02 thereof, an additional subsection to read as follows: "4.07.01.03 The accounts of those who become Employee Members after December 31, 1961, shall be credited with three (3) percent interest and shall not be subject to varying interest rates as provided for in Section 4.10.01, which varying interest rates shall continue to be credited to the accounts of those Employee Members who were such prior to January 1, 1962." SECTION 7. That Section 4 of Ordinance No. 845 of the City of Miami Beach, Florida be and the same is hereby amended by adding thereto, immediately after Section 4.07.03.02, the following: "4.07.03.03 After December 31, 1961, City Normal Contri- butions and interest thereon shall be credited only to the accounts of those Employee Members who were such prior to January 1, 1962." SECTION 8. That subsection 4.09 of Ordinance No. 845 of the City of Miami Beach, Florida be and the same is hereby amended to read as follows: "4.09 There shall be charged against the account from which each Retirement Allowance or Pension is paid: .01 Against the account for Accumulated Employee Normal Contributions: .01 In cases of Disability Retirement under Section 5, the proportionate part of the Retirement Allowance that the Accumulated Employee Normal Contributions is of the Accumulated Total Credit on which the Retirement was based. .02 In all other cases of Retirement, the entire amount of the Retirement Allowance shall be charged against the account for Accumulated Employee Normal Contributions until such account is exhausted. .03 In cases of death benefits, the entire amount of any lump sum advance, and the entire amount of the Pension shall be charged against the account for Accumulated Employee Contributions until such account is exhausted. .02 Against the account for Accumulated Additional Contributions: .01 The benefits provided under subsection 4.02 hereof. .03 Against the account for Accumulated City Normal Contributions, in the case of benefits paid under Section 5 hereof: .01 In cases of Disability Retirement, the proportionate part of the Retirement Allowance that the Accumulated City Normal Contributions is of the Accumulated Total Credit on which the Retirement Allowance was based. .02 In cases of Service Retirement, after the account for Accumulated Employee Normal Contributions is exhausted, the entire amount of the Retirement Allowance. .03 In cases of death benefits, any balance of a lump sum advance not available from Accumulated Employee Normal Contri- butions, and after the account for Accumulated Employee Normal Contributions is exhausted, the entire amount of the Pension." SECTION 9. That subsection 6.02.03 of Ordinance No. 845 of the City of Miami Beach be and the same is hereby amended to read as follows: "6.02.03 It shall also be the duty of the Personnel Depart- ment to keep individual records of the Members' accounts, to compute and credit interest to individual accounts, to keep records of the Separate Systems and of the funds created by these Systems, to compute Retirement Allowances, Pensions and Separation Refunds and other lump sum settlements, and to make such analyses, computations and other determinations and records as the Board may deem necessary to the efficient operation of this System, and the Systems created by Ordinances Nos.734 and 498." SECTION 10. That Section 4 of Ordinance No. 845 of the City of Miami Beach,Florida be and the same is hereby amended by adding thereto, immediately after Section 4.10.01.06 additional subsections to read as follows: "4.10.01.07 After December 31, 1961, such amount as is required, in addition to Employee Normal Contributions, to pay the benefits provided under Section 5A for those Employee Members who become such after December 31, 1961, and such amount as is required, in addition to Employee Normal and City Normal Contributions of those Employee Members who were such prior to January 1, 1962, to pay any added costs for such Employee Members or their Beneficiaries as elect to receive benefits under Section 5A. 4.10. 01.08 After December 31, 1961, the amount of the Total City Credit of those Employee Members who were such prior to January 1, 1962, and who elect or whose Beneficiaries elect to receive benefits under Section 5A shall be transferred to the Reserve Fund." SECTION 11. That Section 4 of Ordinance No. 845 of the City of Miami Beach, Florida be and the same is hereby amended by adding thereto, immediately after Section 4.10.02.04 thereof, an additional subsection to read as follows: "4.10.02.05 After December 31, 1961, the amount required, in addition to that provided by the Total Employee Normal Contribution of an Employee Member, to provide for the Employee Member or the Beneficiary of an Employee Member who receives benefits under Section 5A hereof." SECTION 12. That Section 4 of Ordinance No. 845 of the City of Miami Beach, Florida be and the same is hereby amended by adding thereto, immediately after Section 4.11.05 thereof, an additional subsection to read as follows: "4.11.06 Employees who become Members of this System after December 31, 1961 shall not contribute to the Service Disability Reserve Fund." SECTION 13. That Section 5.01 of Ordinance No. 845 of the City of Miami Beach, Florida be and the same is hereby amended to read as follows: "5.01 All Participants and Annuitants under the Retirement System created by Ordinance No. 734, who do not avail themselves of the provisions of this ordinance, shallcontinue to receive the benefits provided for, and in the manner provided in Ordinance No. 734. All persons receiving benefits under this System as Retirants or Pensioners prior to January 1, 1962, shall continue to receive benefits as set forth in this section. Employees who became Members of this System prior to January 1, 1962, and the Beneficiaries of such Employee Members, may elect to receive benefits as set forth in this section, or may elect to receive benefits as set forth in Section 5A. Employees becoming Members after December 31, 1961 shall not have the right to benefits under this section, but shall receive benefits as set forth in Section 5A hereof." SECTION 14. That Ordinance No. 845 of the City of Miami Beach, Florida be and the same is hereby amended by adding thereto, immediately after Section 5, an additional section to be known as Section 5A and to read as follows. ".01 All Employees who became Members of this System prior to January 1, 1962, and the Beneficiaries of such Employee Members, may elect to receive benefits as set forth in this section; except that those Employee Members who, prior to said date, contributed at the rate of five (5) percent shall not have such election unless they contribute at the rate of six (6) percent after December 31, 1961, and comply with the requirements set forth in Section 4.01.03 hereof. Employees who became Members after December 31, 1961, and the Beneficiaries of such Employee Members, shall receive benefits under this section and shall not have the option of benefits under Section 5. .02 Should any Employee Member, who has not met the requirements for retirement or for the acquisition of a vested interest, be absent from service with the City for any reason other than approved vacation, sick or injury leave, or temporary absence with leave not exceed- ing three (3) months (other than Military Leave of Absence) his rights to any benefits in this System, except a Separation Refund, shall be deemed suspended until such time as he shall return to service with the City as an Employee, and neither he nor his Beneficiaries shall be entitled to any benefits during the period of such absence other than the refund of the Total Employee Credit, except as otherwise specifically provided for in this ordinance. .03 Any Employee Member who meets the requirements prescribed hereafter in this section shall be eligible for service retirement, and shall be entitled to a Retirement Allowance beginning on the date specified in a written request for Retirement by the Employee Member, but not prior to the discontinuance of his service to the City as an Employee, nor prior to the receipt of a written request for such Retirement. .01 After termination of employment, and upon meeting the following combinations of age and years of Creditable Service, an Employee Member shall be eligible for service retirement: AGE with CREDITABLE SERVICE 50 25 51 24 52 23 53 22 54 21 55 20 56 17 57 14 58 11 59 8 60 5 Age shall not be earlier than the birth -date on which the Employee Member becomes the required age. Creditable Service shall be as defined in subsection 2.27. .02 Any Employee Member who reaches the age of seventy (70) shall be mandatorily retired no later than the first day of the month immediately following the attainment of such age; provided that, upon written approval of the City Manager, in exceptional cases and for substantial reasons, such retirement may be deferred by the Board for periods not to exceed one (1) year at any one time. .03 Should any Retirant or Pensioner be subsequently employed by the City in any capacity for which regular compensation is paid, the Retirement Allowance or Pension shall be suspended for the period of such employment, and no contributions or additional credits, other than accruing interest on any balance of Accumulated Employee Contributions shall be made during the period of such employment. Upon termination of such employment, payment of the Retirement Allowance or Pension shall be resumed at the same rate. .04 An Employee Member, upon retirement shall be entitled to a Retirement Allowance which shall be two (2) percent of the final average monthly earnings multiplied by the number of years of Creditable Service, plus a low income adjustment of one-fifth (1/5) of one percent on the first Two Hundred ($200.00) Dollars of the final average monthly earnings multiplied by the number of years of Creditable Service, but not less than Seven and 80/100 ($7.80) Dollars multiplied by the number of years of Creditable Service. In the event an Employee Member becomes eligible for service retirement prior to age fifty-five (55) and requests such retirement, he shall receive a reduced retirement allowance which is the actuarial equivalent of a retirement allowance beginning at age fifty-five (55), but not less than Seven and 80/100 (.$7.80) Dollars multiplied by the number of years of Creditable Service. .05 At retirement, an Employee Member may convert his Retirement Allowance, computed as provided in subsection 5A,03.04, into a joint allowance of equivalent actuarial value payable to the Retirant for life and providing that, after the death of the Retirant all, or two-thirds (2/3), as he elects, of such joint allowance be continued to a surviving Dependent Beneficiary named by him for the life of such Beneficiary or, if such Dependent Beneficiary be a minor, until he attains the age of twenty-one (21). .04 Upon application of an Employee Member, or of the City Manager, any Employee Member who has three (3) or more years of Creditable Service may be retired by the Board, not less than thirty (30) days nor more than ninety (90) days subsequent to the filing of such application, on a Disability Retirement Allowance, subject to the following provisions: .01 Before approval of any Disability Retirement, the Physical Examiners shall certify that the Employee Member is totally and permanently disabled, to a degree of being unable to be gainfully employed by the City, and that such disability is not the result of habitual use of narcotics or alcohol, misconduct, service in the Armed Forces, self-inflicted injury, or disability sustained through other employment. .02 Any Employee Member, so retired for disability, shall be subject to re-examination by the Physical Examiners upon request of the Retirant, the Board, or of the City Manager, and the Physical Examiners shall report their conclusions as to the continuance of the incapacity. In the event that such disability shall not continue to incapacitate the Retirant for service acceptable to the City, in accordance with the requirements of the Personnel Department, the City Manager may require that such Retirant be returned to active duty of the same or similar nature as that at which he was employed prior to his becoming incapacitated, or other work within the limits of his mental or physical capacities, at a rate of compensation not less than seventy (70) percent of the pay he would have been entitled to at the time of his return to active service, for the grade of service occupied by the Retirant prior to his incapacity. .03 Upon return to active service of an Employee Member retired for disability, he shall again become an Employee Member, and shall contribute according to his compensation thereafter, and all payments on account of the disability shall cease. The period of such disability shall not be included in computing length of Creditable Service. 6 .04 Any Employee Member who shall be incapacitated within the terms of the State Workmen's Corapensation Law, for the period of such Workmen's Compen- sation payments, shall have the privilege of deferring his Disability retirement allowance, and of contributing to this System at the rate and on the salary basis which determined the amount of his contributions at the time the incapacity occurred. In the event such election is made, and such contributions are regularly made, Creditable Service shall be credited to his account in the same manner as though he were in active service with the City. .05 Upon retirement for disability, a Retirant shall be entitled to a Retirement Allowance which can be provided actuarially from a fund equal to two (2) times his final average annual earnings, cr the actuarial equivalent of the present value of his credits accrued to the date of the disability, computed as provided in subsection 5A.03.04, based on mortality tables adopted by the Board, but not less than Seven and 80/100 ($7.80) Dollars multiplied by the number of years of Creditable Service. .05 It is the intent and purpose of this section to provide Death Benefits to a spouse or minor children of an Employee Member or Retirant and to provide for the refund of the Total Employee Credit to a designated Non-dependent Beneficiary, or to the Estate of the Employee Member, Retirant or Pensioner. .01 Upon receipt by the Board of satisfactory proof of the death of an Employee Member who has three (3) or more years of Creditable Service, there shall be paid to the spouse of the deceased Member a pension which can be provided actuarially from a fund equal to two (2) times the final average annual earnings, but not less than fifty (50) percent of the amount to which the Employee Member would have been entitled to as a Retirement Allowance, based on his years of Creditable Service and his final average annual earnings computed as provided in subsection 5A.03.04. When the spouse is more than fifteen (15) years younger than the deceased Employee Member, the pension shall be reduced to the actuarial equivalent for a person fifteen (15) years younger than said deceased Employee Member. If there shall be no spouse, a pension, computed as above, will be paid to a dependent minor child or children of the deceased Member until the age of twenty-one (21), provided that such pension shall not exceed an annual amount equal to fifty (50) percent of the Member's final average annual earnings. In the event of the death of the spouse after pension payments have commenced, a pension in the same amount as received by the spouse will be continued to a dependent minor child or children; of the deceased Member until the age of twenty-one (21). .02 Upon receipt by the Board of satisfactory proof of the death of a Retirant, there shall be paid to a spouse to whom the Retirant was married at the time of retirement and for at least one (1) year immediately preceding his retirement, a pension equal to fifty (50) percent of the deceased Retirant's Retirement Allowance. When the spouse is more than fifteen (15) years younger than the deceased Retirant, the pension shall be reduced to the actuarial equivalent for a person fifteen (15) years younger than the deceased Retirant. If there shall be no spouse, or if the spouse dies after the Pension payments have commenced, a Pension in the same amount as payable to a spouse will be continued to a dependent minor child or children of the deceased Member until the age of twenty-one (21). .03 If there shall be no surviving spouse or minor children to receive the benefits provided in this section, there shall be paid to a designated Beneficiary or, where no Beneficiary is designated, to the estate of the deceased Employee Member, Retirant or Pensioner, the Total Employee Credit in such manner as shall have been provided by written disposition duly executed and filed with the Board or, in the absence of such written disposition, in such manner as the Board shall determine to be in the best interests of the party or parties concerned. If the total payments made to a Retirant or Pensioner or designated Dependent Beneficiary are less than the Total Employee Credit at retirement, the balance shall be paid as provided above in this subsection. .06 Any Employee Member whose employment prior to eligibility for Service or Disability Retirement has been terminated, regardless of cause, shall be entitled to a Separation Refund upon application therefor. .01 The amount of the Separation Refund shall be the Total Employee Credit. .02 Upon acceptance of a Separation Refund, all Creditable Service, including all prior service credits of a Member, shall be cancelled, and such credits shall not be reinstated upon his subsequently again becoming a Member of this System, or for any other cause. .07 Final average annual earnings used in computing benefits shall be the average of the five (5) highest paid years in the last ten years (10); or, if the employment is less than five (5) years, the average of the total service; provided that, for purposes of computing benefits under this section, no final average annual earnings shall be used greater than three (3) times the average annual earnings of all Members of this System for the preceding year. Final average monthly earnings shall be taken as one -twelfth (1/12) of the final average annual earnings. Creditable Service used in computing benefits under this section shall be limited to a maximum of forty (40) years. .08 Any Employee Member who has fifteen (15) or more years of Creditable Service, and any employee Member who has five (5) or more years of Creditable Service and is within five (5) years of the age at which he would be eligible for retirement who separates, or is separated, from service with the City of Miami Beach and who does not accept a Separation Refund will be entitled to a deferred Retirement Allowance, payment of which will commence at the age the Member would be eligible for retirement with his number of years of Creditable Service. Such deferred Retirement Allowance will be computed as provided in subsection 5A.03.04 hereof. .09 Any Employee Member who has five (5) or more years of Creditable Service and whose employment is involuntarily terminated by reason of a transfer of a City function to the Metropolitan Government of Dade County, or any other State or local government, and who does not accept a Separation Refund, will be entitled to a deferred Retirement Allowance, payment of which will commence at the age the Member would be eligible for retirement with his number of years of Creditable Service. Such deferred Retirement Allowance will be computed as provided in subsection 5A.03.04 hereof. SECTION 15. This ordinance shall go into effect immediately upon its having been approved by a majority of the qualified voters of the City of Miami Beach, Florida, voting on the same at an election called for that purpose. 8 SECTION 16. All ordinances and parts of ordinances in conflict herewith shall be, and the same are, hereby repealed. PASSED and ADOPTED this 5th day of April , A.D. 1 ATTEST: 1st reading 2nd reading 3rd reading POSTED - ki/eizr23, Cit Clerk - March 22, 1961 - March 22, 1961 - April 5, 1961 April 5, 1961 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. 1419, entitled: "AN ORDINANCE AMENDING ORDINANCE NO. 845 OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "AN ORDINANCE PROVIDING FOR THE CREATION AND MAINTENANCE OF A PENSION AND RETIREMENT SYSTEM FOR CERTAIN EMPLOYEES OF THE CITY OF MIAMI BEACH, FLORIDA", 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 5th day of April, 1961, 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 17th day of May, 1961. tn co u., rd Z °z r4 H •rI 0 w b H$-1 0 0 Z •0 z rnN H 00 Ia r 124 0 0 a)