Ordinance 86-2526 ORDINANCE NO. 86-2526
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING ARTICLE
3 OF ORDINANCE NO. 1901 CREATING THE
RETIREMENT SYSTEM FOR GENERAL EMPLOYEES AND
ELECTED OFFICIALS OF THE CITY OF MIAMI BEACH,
BY PROVIDING THAT INDIVIDUALS HOLDING THE
POSITION OF CITY MANAGER OR CITY ATTORNEY,
SHALL, AT THEIR OPTION, REMAIN IN THE
MEMBERSHIP OF THE CITY'S RETIREMENT SYSTEM FOR
GENERAL EMPLOYEES AND ELECTED OFFICIALS OR, IN
LIEU THEREOF, BECOME A MEMBER OF A RETIREMENT
PROGRAM WITH ANY PUBLIC TRUST FUND NAMED BY
THE AFORESAID INDIVIDUALS AND APPROVED BY THE
CITY COMMISSION; REPEALING ALL ORDINANCES IN
CONFLICT THEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
SECTION 1.
That Article 3 of Ordinance No. 1901 of the City of Miami Beach is
hereby amended to read as follows:
Article 3 . Membership.
Sec. 3. 01. Every person who, on the effective date of this
Ordinance, was a Retirant or Pensioner under the predecessor
system shall automatically become on such date Retirant or
Pensioner , as the case may be, under this System and shall
continue to receive under this System the benefits paid under the
predecessor system. Every person who, on the effective date of
this Ordinance , was a participant under the predecessor system
shall automatically become on such date a Member of this
Retirement System. Any written designation of beneficiary or
dependent beneficiary, in effect under the predecessor System on
the effective date of this Ordinance, shall continue to be in
effect under the System unless subsequently changed or revoked by
the Member or Retirant in writing in accordance with the
provisions of this Ordinance.
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Sec. 3. 02. Any person,other than as provided in Section 3 . 04
herein, who becomes an Employee or Elected Official, as herein
defined, or after the effective date of this Ordinance, shall be a
Member of the System as a condition of his employment or office as
of the date he becomes an Employee or Elected Official.
Sec. 3 .03 . Any person, other than as provided in Section 3 . 04
provided herein, in the employ of the City or held elective office
on or after the effective date of this Ordinance who became an
Employee or Elected Official as herein defined prior thereto, but
was not, as of such date, a participant of the predecessor System
established by Ordinance #845 because of exclusions of certain
groups of Membership under the provisions of said Ordinance shall
become a Member of the System on the effective date of this
Ordinance.
Sec. 3 .04 . All individuals holding the position of either city
manager or city attorney, shall have the option to reject
membership in the plan provided herein and to be a member in a
retirement program with any public trust fund named by the
aforesaid individuals and approved by the city commission.
SeeT 3.-84- Sec. 3 . 05. An Employee shall cease to be a Member if
he dies, retires or ceases to be an employee for any other reason.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is
held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no, way affect the
validity of the remaining portions of this ordinance.
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SECTION 4. EFFECTIVE DATE.
This ordinance shall take effect ten (10) days after its adoption,
on December 27 , 1986 .
PASSED and ADOPTED this 17th day of December , 1986.
4 4t
MOR
Attest:
CITY CLERK
1st Reading - December 4, 1986
2nd Reading - December 17 , 1986
JKO/rg
FORM APPROVED
L GAL DEPT.
By
Date_-
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