Ordinance 86-2528 ORDINANCE NO. 86-2528
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, AMENDING CHAPTER 2 OF THE
MIAMI BEACH CITY CODE BY ADDING ARTICLE XIII ,
ENTITLED "MANAGERIAL RETIREMENT PLAN" ,
ENCOMPASSING SECTION 2-84, CREATING THE RIGHTS
OF INDIVIDUALS HOLDING THE POSITIONS OF EITHER
CITY MANAGER OR CITY ATTORNEY WITHIN ONE (1)
YEAR FROM HIS OR HER COMMENCEMENT OF
EMPLOYMENT OR WITHIN SIX (6) MONTHS FROM THE
EFFECTIVE DATE HEREOF, WHICHEVER IS LATER, TO
REJECT MEMBERSHIP IN THE RETIREMENT SYSTEM FOR
GENERAL EMPLOYEES AND ELECTED OFFICIALS OF THE
CITY OF MIAMI BEACH (ORDINANCE NO. 1901) ;
FURTHER PROVIDING THAT THE CITY SHALL
CONTRIBUTE AN AMOUNT EQUAL TO THE AMOUNT THAT
THE CITY CONTRIBUTES INTO THE AFORESAID
RETIREMENT SYSTEM FOR GENERAL EMPLOYEES AND
ELECTED OFFICIALS OF THE CITY OF MIAMI BEACH)
TO A RETIREMENT PROGRAM WITH ANY PUBLIC TRUST
FUND NAMED BY THE AFORESAID INDIVIDUALS AND
APPROVED BY THE CITY COMMISSION IN LIEU OF
THE CITY MAKING A CONTRIBUTION ON BEHALF OF
THE AFORESAID INDIVIDUALS TO THE RETIREMENT
SYSTEM FOR GENERAL EMPLOYEES AND ELECTED
OFFICIALS OF THE CITY OF MIAMI BEACH; ALSO
PROVIDING THAT THE CONTRIBUTION MADE BY THE
EMPLOYEE MEMBERS OF THE RETIREMENT PROGRAM
SHALL BE MADE AT A RATE OF NOT LESS THAN FIVE
PER CENT (5%) OF THE INDIVIDUAL'S ANNUAL
SALARY; PROVIDING THAT IN ORDER TO PARTICIPATE
IN THE HEREIN RETIREMENT PROGRAM, SAID
INDIVIDUALS SHALL, WITHIN SIX (6) MONTHS FROM
THE EFFECTIVE DATE HEREOF OR WITHIN ONE (1)
YEAR FROM THE DATE OF THEIR EMPLOYMENT WITH
THE CITY OF MIAMI BEACH AS EITHER CITY MANAGER
OR CITY ATTORNEY, SUBMIT TO THE CITY
COMMISSION A WRITTEN RETIREMENT TRUST
AGREEMENT WHICH WILL PROVIDE FOR THE
ACCEPTANCE BY THE INDIVIDUALS OF THE HEREIN
RETIREMENT PROGRAM IN LIEU OF MEMBERSHIP IN
THE RETIREMENT SYSTEM FOR GENERAL EMPLOYEES
AND ELECTED OFFICIALS OF THE CITY OF MIAMI
BEACH; ALSO PROVIDING THAT WITHIN THE
AFORESAID TIME PERIOD, A SECOND RETIREMENT
TRUST AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND THE AFORESAID PUBLIC TRUST FUND
SHALL BE SUBMITTED BY THE INDIVIDUAL TO THE
CITY COMMISSION FOR ITS APPROVAL; ALSO
PROVIDING THAT THE AFORESAID SECOND AGREEMENT
AUTHORIZE THE CITY TO TRANSFER THE
CONTRIBUTIONS OF BOTH THE INDIVIDUAL AND THE
CITY TO THE AFORESAID PUBLIC TRUST FUND;
FURTHER PROVIDING THAT UNDER NO CIRCUMSTANCES
SHALL ANY OF THE ABOVE INDIVIDUALS BE
PERMITTED TO REJECT MEMBERSHIP IN THE
RETIREMENT SYSTEM FOR GENERAL EMPLOYEES AND
ELECTED OFFICIALS OF THE CITY OF MIAMI BEACH
UNLESS COMPLIANCE WITH THE AFORESAID
AGREEMENTS HAS OCCURRED; 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;
That Chapter 2 of the Miami Beach City Code is hereby
amended by adding Article XIII , entitled "Managerial Retirement
Plan" , encompassing §2-84 to read as follows:
SECTION 2-84 .
Those individuals who are employed in the following positions on
and after the effective date hereof shall hereby have the right to
reject membership in the Retirement System for General Employees
and Elected Officials of the City of Miami Beach (Ordinance No.
1901) , within one (1) year from his or her commencement of
employment as either City Manager or City Attorney or within six
(6) months from the effective date hereof, whichever is later ,
subject to performance of the 'conditions set forth in Subsections
(a) and (b) hereof, within the aforesaid time periods: City
Manager and City Attorney.
(a) Submission to the City Commission of a written trust
agreement wherein the employee rejects membership in the
Retirement System for General Employees and Elected Officials of
the City of Miami Beach and wherein provision is made for the City
to contribute to a public trust fund, designated by the employee
and approved by the City Commission, monies on behalf of said
employee; such herein contribution to be made in lieu of the
City' s contribution on behalf of the employee to the Retirement
System for General Employees and Elected Officials of the City of
Miami Beach: (i) the rate of the herein contribution to be made by
the City under the terms of the above agreement shall be an amount
equal to the amount that the City contributes into the Retirement
System for General Employees and Elected Officials of the City of
Miami Beach; (ii) a contribution to said public trust fund must be
made by the employee so rejecting membership in the Pension and
Retirement System for General Employees and Elected Officials of
the City of Miami Beach and such contribution by the employee
shall be made at a rate of not less than five per cent (5%) of the
individual ' s annual salary.
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(b) Submission to the City Commission of an additional
written trust agreement executed by the trustees of the public
trust fund designated in (a) above, which agreement must also be
approved by the Commission wherein the City is authorized to
transfer the contributions, both of the employee and the City, to
said public trust fund.
(c) If an individual employed in any of the aforesaid
positions shall not have complied with all of the conditions
prescribed above, he or she shall not have the right to reject
membership in the aforesaid Retirement System.
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.
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 .
•YOR
Attest:
• v 1�
CITY CLERK FOriM APPROVE.:``
1st Reading - December 4 , 1986 LEGAL DEPT.
JKO/rg 2nd Reading - December 17, 1986 (As amended)
By rA A I
Date w h` `eff
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