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Ordinance 1357 ORDINANCE NO. 1357 AN ORDINANCE AMENDING CHAPTER 2 OF "THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, 1950" BY ADDING THERETO AN ADDITIONAL ARTICLE TO BE NUMBERED ARTICLE IV AND PROVIDING FOR A GROUP LIFE INSURANCE PLAN FOR THE OFFICERS AND EMPLOYEES OF THE CITY OF MIAMI BEACH; PROVIDING AN EFFECTIVE DATE THEREFOR; A PLAN FOR THE ADMINISTRATION THEREOF, AND AUTHORIZING PAYROLL DEDUCTIONS FOR THE EMPLOYEES ' CONTRIBUTORY PORTION OF SAID PLAN. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Chapter 2 of "The Code of the City of Miami Beach, Florida, 1950" be and the same is hereby amended by adding an additional article thereto to be numbered Article IV, to be entitled "Employees ' Group Life Insurance Plan" and to read as follows: "Sec. 2.45. NAME AND ESTABLISHMENT: The City of Miami Beach Group Life Insurance Plan, hereinafter referred to as the "Plan" is hereby established under and by authority of Section 282 of the Charter of the City of Miami Beach as adopted and approved at the General Election held in the City of Miami Beach on the 2nd day of June, 1959, for the purpose of authorizing group life insurance benefits for the employees and officers of the City of Miami Beach. Sec. 2.46. DEFINITIONS: The following words and phrases as used in this Article shall have the following meanings, unless a different meaning is clearly indicated by the context: "Officers" shall mean all department heads, appointed officers and members of the City Council. "Regular Employee" shall mean any member of the City Council, officer, department head, attorney in the Legal Department, 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, 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 compensation -1- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA "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 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 meaning of this article. "Pensioners" shall mean all regular employees who are retired from service or disability under any City pension system subsequent to September 30, 1959. "City" shall mean the City of Miami Beach, Florida. "Council" shall mean the City Council of the City of Miami Beach, Florida. "Board" shall mean the Board of Trustees of the City of Miami Beach Employees Retirement System, administrators of the plan. "Plan" shall mean the Group Life Insurance Plan. Sec. 2.47. 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. Sec. 2.48. 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. b. The Board shall have full power and authority to enter into contractual obligations with insurance carriers authorized to do business in the State of Florida, or by establishing a self-administered plan, or by a combination thereof; and to establish rates of costs based on actuarial analyses subject to the approval by the City Council, the coverage of which shall not exceed Two Thousand Dollars ($2,000 .00) per participant. 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 -2- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA "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 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 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. Sec. 2.49. BENEFITS: It is the intent of this plan to provide regular employees, and officers, of the City with the advantage of participation in a group life insurance plan, the coverage of which shall be Two Thousand Dollars ($2,000 .00) per member. Sec. 2.50 . MEMBERSHIP: a. Persons eligible for membership in the plan on the 1st day of October , 1959, shall have a period of thirty (30) days thereafter within which to elect to become members thereof, and shall not be entitled thereafter to such membership. b. Persons who become Regular Employees after the 10th day of September , 1959 shall automatically become members of the plan, and their continued participation therein thereafter shall be mandatory during the continuance of their employment. c. Membership in the plan, once established, shall continue so long as the member remains a regular employee as defined herein. Those members who shall become pensioners subsequent to September 30, 1959 shall have the option to continue their membership in the plan during the continuance of their lifetime. Sec. 2.51. CONTRIBUTIONS: a. Member. The contribution of a member shall be one-half of the cost of the benefits provided for in his agreement, as such costs are determined by the Board. -3- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA "b. City. The contribution of the City on behalf of the members shall be one-half of the cost of the benefits provided for in the agreements as such costs are determined by the Board. The City shall make no contribution on behalf of members 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. Sec. 2.52. 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 workmen's compensation payments, the contributions for such members shall be deducted from the workmen' 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 workmen'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. Sec. 2.53 . 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 unconditionally 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, -4- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39. FLORIDA "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 interests and other earnings on moneys of the plan shall be credited to the plan. " SECTION 2. This ordinance shall go into effect immediately upon its passage and posting as required by law. PASSED AND ADOPTED this 19th day of August, 1959. Mayor Attest: _,/62ALl City C rk 1st reading - August 5, 1959 2nd reading - August 5, 1959 3rd reading - August 19, 1959 POSTED - August 19, 1959 -5- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA 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. 1357, entitled: "AN ORDINANCE AMENDING CHAPTER 2 OF 'THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, 1950 ' BY ADDING THERETO AN ADDITIONAL ARTICLE TO BE NUMBERED ARTICLE IV AND PROVIDING FOR A GROUP LIFE INSURANCE PLAN FOR THE OFFICERS AND EMPLOYEES OF THE CITY OF MIAMI BEACH; PROVIDING AN EFFECTIVE DATE THEREFOR; A PLAN FOR THE ADMINISTRATION THEREOF, AND AUTHORIZING PAYROLL DEDUCTIONS FOR THE EMPLOYEES ' CONTRIBUTORY PORTION OF SAID PLAN" 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 19th day of August, 1359, 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 21st day of October, 1959. 412i City C erk W ( (D DD0 a 6 H Ort .(D 0 � ¢t H ccP 0 H 0 11 H r+ N W W O -4 M M (D H iA 0 (D