Ordinance 85-2496 ORDINANCE NO. 85-2496
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING
PARAGRAPHS 2 AND 3 OF ARTICLE XV, SECTION 98 OF
THE RELATED LAWS, AND SECTION 2.53 (b), (c) AND (g)
OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA
TO PERMIT VOLUNTARY ELECTION OF MEMBERSHIP IN
THE CITY HEALTH INSURANCE PROGRAM BY ELIGIBLE
EMPLOYEES: PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEALER; PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1 LEGISLATIVE PURPOSE
Paragraph 3 of Article XV, Section 98 of the City's Related Laws (Chapters 22402
(1943) and 27730 (1951), Laws of Florida), provides that every employee of the City
must be a member of the City's health plan and that membership is compulsory.
General State law, however, states that participation in municipal government
health plans should be voluntary for officials and employees. Chapter 112, Fla.
Stat. (1981). Section 166.021(5) of the Municipal Home Rule Powers Act authorizes
municipalities to amend the provisions of Special Acts so long as the amendment is
not detrimental to the rights of municipal employees. The City Commission of the
City of Miami Beach finds that amending Section 98 to provide for voluntary
membership of municipal employees is not detrimental to their rights and therefore
is authorized by Section 166.021(5).
SECTION 2 AMENDMENT OF PARAGRAPHS 2 AND 3, ARTICLE XV,
SECTION 98, RELATED LAWS
Paragraphs 2 and 3 of Article XV, Section 98, Related Laws, shall be amended to
read as follows:
All regular officers and employees at the effective date of such
plan shall have a reasonable time, to be fixed by ordinance, in
which to elect membership in the plan. After the effective date of
the plan, every officer or employee, upon becoming a regular
employee, shall au4erfiatiea441 may voluntarily become a member
of the plan. Upon becoming a member, membership shall may be
eempolsefy continued thereafter throughout employment, and by
special provisions may be continued for employees who are retired
under any City pension system. PFevided, hewevef; that it shall
Ret be eempdisefy fef any effieef of employee te paftieipate if he
eb+eets beeadse of feligieds beliefs eF eeRviet}ens: Sdeh ebjeetieR
shall be filed in wfiting with the City Cednei-
Notwithstanding anything herein to the contrary, all unclassified
City employees upon their first day of employment, and all
classified employees upon having been continuously employed for
ninety days, shall be eligible to become members of the City's
health plan. Pfevided fdithef; that membefs of the Miami Beaeh
City Cernmissien shall have the Fight te veldntaflly withdfaw ffern
the City of Miami Beaeh health insdfanee pian: Withdfawal 4Fem
the pFegFam shall fegdife a signed; wfitten lettef te the City
Manage and open sdeh withdFawal, a eemmissieneF shall waive
any and all el-aims he might etheFwise have against the City
health insdFanee plan:
Withdrawal from the program shall be on a signed form provided by
and returned to the City Manager's designee, effective at the end
of the payperiod in which the form is received. Upon such
withdrawal, an employee shall waive any and all claims he might
otherwise have against the City's health insurance plan. An
employee who desires membership at a later date other than his
initial eligibility period or subsequent to voluntary or involuntary
cancellation shall be subject to any evidence of insurability process
required by the health insurance plan.
SECTION 3 AMENDMENT OF SECTION 2-53 (b), (c), AND (g) OF THE MIAMI
BEACH CITY CODE
Section 2-53 (b), (c) and (g), Miami Beach City Code shall be
amended to read as follows:
Sec. 2-53 Membership
(b) Persons who become regular employees of the City
subsequent to January 5, 1952, shall auterfiatieally may
voluntarily be included in the membership of the plan
without further medical examination exeept that it shall met
be eempolsefy few any fegulaf empleyee te beeeme a
membef if he files with the City Cedmeil a fefmal ebieetiem
em the gfebnds of feligie is beliefs of eemvietiems.
(c) Membership in the plan, once established, shall may
continue so long as the member remains a regular employee.
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 agree-
ments during such periods.
(g) Netwithstanding anything im this Cede te the eemtfafy-,
membefs of the Miami Beaeh City Cemmissien shall have
the fight te veiemtafily withdfaw ffem the City of Miami
Beach health insufanee plan: Withdfawal ffem the pfegfam
shall fegeife a signed, wfittem lettef te the City Manage;
and upem such withdfawa4 a eemr issiemef shall waive any
and all elaims he might ethefwise have against the Cityls
health instifamee plan:
* * * *
SECTION 4 SEVERABILITY
If any section, part of section, paragraph, clause, phrase, or word of this ordinance
is declared invalid, the remaining provisions of this ordinance shall not be affected
by such invalidity.
SECTION 5 REPEALER
All Special Acts, ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
SECTION 6 EFFECTIVE DATE
This Ordinance shall take effect December 1, 1985.
PASSED and ADOPTED this 16th day of October , 1985.
MAYOR --
ATTEST:
67/.a.14,—/
CITY CLERK FORM A OVED
1st Reading - October 2, 1985 r+�a _
2nd Reading - October 16, 1985 LEC.hL DO i
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