Ordinance 87-2536 ORDINANCE NO. 87-2536
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH , FLORIDA , AMENDING
ARTICLE 5, SECTION 5.04 (a) , (b) AND (d) OF
ORDINANCE NO. 1901 PROVIDING FOR THE CREATION
AND MAINTENANCE OF THE RETIREMENT SYSTEM FOR
THE GENERAL EMPLOYEES AND ELECTED OFFICIALS
OF THE CITY OF MIAMI BEACH , FLORIDA ,
PERTAINING TO DISABILITY RETIREMENT
ALLOWANCE ; PROVIDING FOR REPEAL OF 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 I : That Ordinance No. 1901 providing for the Creation
and Maintenance of the Retirement System for the General
Employees and Elected Officials of the City of Miami Beach,
Florida, Sections 5 .04 (a) , (b) & (d) pertaining to disability
retirement allowances are hereby amended to read as follows:
5. 04 Disability Retirement Allowance
(a) Upon the written application of a Member or the City
Manager, a Member who has five ( 5) or more years of creditable
service may be retired by the Board on an ordinary disability
retirement allowance on the first day of a calendar month-rret-
reser--nha-nr-thou-y--F39o- r-m rre---hen--ir-i ne-t•p--( )--detys next
following the fr3frrg granting of such application; provided that
the Physical Examiners , after a medical examination of such
Member, shall certify that he is totally incapacitated, mentally
or physically, for the further performance of duty, that such
incapacity 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 , that
such incapacity is likely to be permanent and that such Member
should be retired.
( b) Upon the written application of a Member or the City
Manager , any Member who has been totally permanently
incapacitated for the performance of his duties. as the natural
and proximate result of an accident occurring while in the actual
performance of duty at some definite time and place , without
wilful negligence on his part, may be retired by the Board on a
Service-connected disability retirement allowance, and not on an
ordinary disability retirement allowance, on the first day of a
calendar month rtet-3.c3s -t-Frzrn-thirty-1331-11-frrmo-re--graft-r►ifletp
f-991-mss next following the execution and Ei+i-ftg granting of
such application; provided that the application is filed within
six ( 6 ) years from the time of said accident , and that the
Physical Examiners, after a medical examination of the Member ,
shall certify that he is totally incapacitated , mentally or
physically for the future performance of duty , that such
incapacity is likely to be permanent and that he should be
retired.
(d) The allowance payable to a disability Retirant prior to
his normal retirement date shall not be less than thirty-five per
centum ( 35% ) of his final average monthly earnings as defined in
Section 2 . 09 as of the date of his disability if an ordinary
disability retirement allowance is payable , and not less than
seventy-five per centum ( 75% ) of such final average monthly
earnings of a service connected disability retirement allowance
is payable. The allowance payable to a disability Retirant after
his normal retirement date shall be an amount computed as a
normal service retirement allowance on the basis of the final
average monthly earnings and number of years of creditable
service he would have had if he had continued in service without
interruption until his normal retirement date at the maximum rate
of pay in effect at the time of his retirement for the
classification at which he retired provided that such allowance
shall not exceed the amount payable to him as a disability
retirement allowance prior to his normal retirement date or not
be less than his normal retirement benefit at his normal
retirement date . "Normal retirement date" as used in this
Section 5. 04 means the date determined in accordance with Section
5 . 01 ( a ) on the assumption that the period, of disability
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 part of section, paragraph, clause, phrase, or
word of this Ordinance is declared invalid , the remaining
provisions of this Ordinance shall not be effected.
SECTION 4 : EFFECTIVE DATE
This ordinance shall take effect 10 days after its adoption on
February 14 , 1987 .'
PASSED AND ADOPTED this 4th day of February , 1987 .
AO
// 144`..1
P YOR
ATTEST:
f l+•.. � 3� /(1.)
V
CITY CLERK
1st Reading - January 21, 1987
2nd Reading - February 4, 1987
Requested by Finance Department
AMW/rlw
FORM APPROVED
BAhh -4'21.
Date 1- ','1'x''1
_
\
14-i
/ L /
e w w q
\ § / / \ \
° 0 \/ -/
Cflo0w
/ 1-1 t .1-1
#
4 0 e » »
e # g
E u w 6
\ c1 0 o Q w e
M � 4-4 o
/ « «/ ° ,
�10 0 con 4-4 � � � at 1-4
\ k / \ \
/ mo \\ / r
r-1 ,.0
w = ,.0
Z
c.1 al/ f w CO
Z » w » ) 0 r
\ qZ / 0 4J/ /
CD
\ •g \ e /
0 0 E 0 \
LH<4 w /
o ca 4-1 o »
,