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2001-3338 ORDORDINANCE NO. 2001-3338 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 78, ARTICLE II THEREOF, ENTITLED "EMPLOYEES' BENEFIT PLAN", SECTION 78-31 THEREOF ENTITLED "DEFINITIONS" BY DEFINING "DOMESTIC PARTNER", AMENDING SECTION 78-34 ENTITLED "AGREEMENTS OF MEMBERS" TO PERMIT DOMESTIC PARTNERS AND THEIR CHILDREN TO OBTAIN HEALTH BENEFITS, AMENDING SECTIONS 78- 81 ENTITLED "GROUP HEALTH INSURANCE", SUBSECTION (e) AND 78-82 ENTITLED "HEALTH MAINTENANCE ORGANIZATIONS (HMO)" SUBSECTION (e) TO INCLUDE DOMESTIC PARTNERS FOR INCLUSION WITHIN THESE SECTIONS; PROVIDING FOR A REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, On November 6, 2001, the voters of Miami Beach approved the following ballot question on the City of Miami Beach November 6, 2001, Special Election ballot: Shall City's Special Related Acts Section 27 regarding City's health plan for city officers and employees be mended to include dependent coverage for "domestic partners" (in addition to existing coverage of spouse and minor children) of City officers and employees; defining "domestic partnership" as a committed relationship between two persons who consider themselves as a member of each other's immediate family and have registered their partnership with the City pursuant to procedures established by ordinance? WHEREAS, this legislation is now necessary in order to incorporate the approved measure in the City Code; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION I. That Miami Beach City Code Chapter 78, Article H, Section 78-31 entitled "Definitions" is hereby amended by adding the following definition following the definition of "Domestic Partner": Sec. 78-31. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Board means the governing board as provided for in this article. Domestic Parmer means a person with whom a member has entered into a Domestic Partnership as defined in sec. 62-126, and registered and documented according to the requirements of sec. 62-127. Member means any regular employee of the city participating in the plan. Plan means the City of Miami Beach Employees' Benefit Ham. Regular employee means: (1) Any member of the city commission, officer, department head, regular employees in the legal department employed on a full-time basis, 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, contractual employees 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 who are granted leaves of absence under civil service procedures or by the city commission and persons otherwise meeting this definition who are injured in line of duty with the city and who are receiving compensation under the workers' 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 and pensioners, subject to such conditions as hereinafter specified, shall be considered employees. In all cases in which the above definition requires interpretation, the board shall decide who is a regular employee within the intent of this article. (2) Any employee whose employment with the city is terminated, voluntarily or involuntarily, and who, at the time of such termination of employment, possesses a vested right to future pension benefits from any pension system of the city, shall not be eligible for membership in the plan until such time as pension benefits become payable to him, except as allowed by federal law. SECTION 2. That Miami Beach City Code, Chapter 78, Article II, Section 78-34 entitled "Agreement of Members" is hereby amended as follows: See. 78-34. Agreements of members. (a) Members shall enter into agreements with the plan, which agreements shall be prepared by the board and approved by the city commission, and which may provide for optional benefits as follows: (1) Hospitalization (2) Hospitalization and surgical (3) Hospitalization, medical service and surgical (b) Such agreements may be for members only, may be for member and spouse or domestic paxtner, or may be on a family basis including spouse or domestic partner and unmarried children of either or both the member, spouse. or domestic partner under the age consistent with state and federal law. SECTION 3. That Miami Beach City Code Chapter 78, Article H, Section 78-81 entitled "Group Health Insurance", Subsection (e) thereof is hereby amended as follows: See. 78-81. Group health insurance. (a) Member. The contribution of a member shall be half the costs of the benefits provided for in his agreement, as such costs are determined by the board. (b) City. The contribution of the city on behalf of the members shall be half the cost of the benefits provided for in the agreements as such costs are determined by the board. (c) Medicare pensioners' contributions. The contribution of those employees, retirants, pensioners and dependents age 65 and over, eligible for Medicare benefits and who are members of the plan shall be half the cost of the benefits provided for in the plan for those employees, retirants, pensioners and dependents age 65 and over, eligible for Medicare benefits as such costs am determined by the board, plus half the cost of the contribution for Medicare benefits, but in no event shall such total contribution exceed the contribution of members of the plan who are not eligible for Medieare benefits and have a similar agreement for individual membership or for a family basis. (d) City's contribution to Medicare pensioners. The contribution of the city on behalf of the members of the plan age 65 and over and eligible for Medieare benefits shall be half the costs of the benefits provided for in the agreements as such costs are determined by the board plus half the cost of contribution for Medicare benefits; but in no event shall the total of such contribution by the city exceed the amount of contribution respectively for any other agreements under the plan which covers members only who are not eligible for Medicare benefits or which covers members and their families, none of whom are eligible for Medicare benefits. (e) Husband and wife or domestic partner members. Whenever a husband and wife or domestic partners am both members of the plan, and either has an agreement with the plan providing for benefits on a family basis, and either is making contributions for the same, the other spouse or domestic partner shill not be required to contribute to the plan. Any members believing they qualify under this provision shall file a notice with the personnel director on a form prescribed by him. Such notice shall be signed by both husband and wife or by beth domestic partners and shall indicate from which spouse's or domestic partner's pay contributions am to be deducted. Such notice shall become effective as of the first pay period following the date of the election, subject to review by the board, which shall disallow any election it finds to be improper. Thereafter contributions shall be made as provided in the notice, but there shall be no refund of any contributions made prior to the effective date of any notice. SECTION 4. That Miami Beach City Code Chapter 78, Article 1I, Section 78-82 entitled "Health Maintenance Organization (HMO)", Subsection (e) thereof is hereby amended as follows: Sec. 78-82. Health maintenance organization (HMO). (b) Member. The contribution of an HMO member shall be half of the costs of the benc~ts provided for in his agreement, as such costs are determined by the board. (1) The contribution of the city on behalf of HMO members shall be half of the cost of the benefits provided for in the agreements as such costs am determined by the board. (2) The city shall continue to contribute at the same rate for members who are absent on authorized leave, sickness or military service and shall contribute at the same rate on behalf of retirants who elect to continue their agreements and pensioners who elect to become members of the plan. 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, recommendation and submission to the city commission for its approval and inclusion in the annual budget. (c) Medicare pensioners' contributions. The contribution of those employees, retirants, pensioners and dependents age 65 and over, eligible for Medicare benefits and who am members of the plan shall be half the costs of the benefits provided for in the agreements of those employees, retirants, pensioners and dependents age 65 and over, eligible for Mcdicarc benefits as such costs arc determined by the board, plus half the cost of the contribution for Medicam benefits; but in no event shall such total contribution exceed the contribution of members of the plan who am not eligible for Medicare benefits and have a similar agreement for individual membership or for a family basis. (d) City's contribution to Medicare pensioners. The contribution of the city on behalf of the members of the plan age 65 and over and eligible for Medicare benefits shall be half the cost of the benefits provided for in the agreements as such costs are determined by the beard plus half the cost of contribution for Medicare benefits; but in no event shall the total of such contribution by the city exceed the amount of contribution respectively for any other agreements under the plan which covers members only who are not eligible for Medicare benefits or which covers members and their families, none of whom are eligible for Medicare benefits. (e) Husband and wife or domestic varmer members. Whenever a husband and wife or domestic partners are beth members of the plan, and either has an agreement with the plan providing for benefits on a family basis, and either is making contributions for the same, the other spouse or domestic partner shall not be required to contribute to the plan. Any members believing they qualify under this provision shall file a notice with the personnel director on a form prescribed by him. Such notice shall be signed by both husband and wife or by both domestic parmers and shall indicate from which spouse's or domestic nartner's pay contributions are to be deducted. Such notice shall become effective as of the first pay period following the date of the election, subject to review by the board, which shall disallow any election it finds to be improper. Thereafter contributions shall be made as provided in the notice, but there shall be no refund of any contributions made prior to the effective date of any notice. SECTION 5. REPEALER. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 6. SEVERABILITY. If any section, subsection, clause, or provision of this ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 7. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be tenumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 8. EFFECTIVE DATE. This Ordinance shall be effective December 29, 2001. PASSED AND ~t'~~ ADOFrED t ' ~ y f ecember ,2001. ATTEST: CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION CITY OF MIAMI BEACH on WMnesday, ~cember 19, 2001, ~ the times lasted below, to consealer the adeptson o the o owing or snan~s. at11:10 a.m.: AN ORDINANCE AMENDING CHAPTER 2 OF THE MIAMI BEACH CI~ CODE ENTITLED "ADMINISTRATION', BY AMENDING A~ICLE III THEREOF ENTICED "AGENCIES, BOARDS, AND COMMI~EES"; BY AMENDING DIVISION 18 ENTITLED "COMMUNI~ RE~TIONS BOARD"; BY AMENDING SECTION 2-190.14 ENTICED "COMPOSITION' BY AMENDING THE MEMBERSHIP OF THE ~ARD TO INCLUDE FOUR ADDITIONAL VOTING MEMBERS PROVIDING FOR REPEALER CODIFICATION; SEVERABIU~ AND AN EFFECTIVE DATE. RBA AN ORDINANCE AMENDING ORDINANCE NO. 1335, THE CLASSIFIED EMPLOYEES' LEAVE ~RD~NANCE~BYAMEND~NGTHEPR~V~S~NSF~RACCUMU~Ti~NANDPAYMENT~FANNUALAND~CKLEAVEC~NT~NGENT UP~NC~LLECTWEB~GAiN1NGANDAPPR~vAL~YT~EBARGA~N~NGUN1TSPR~RT~MPLEMENTAT~NF~REMPL~YEES IN C~IFICATIONS GOVERNED BY ~iON CONTACTS TO THE E~ENT SUCH APPR~AL IS NECESSARY; PROViDiNG FOR A REP~LER, SEVERABILI~, CODIFICATION ~D AN EFFECTIVE DATE. Inquiries may be dire~ed to the C~ Mangers ~ce at (~5) 67~7010. at 11:25 a.m.: AN ORDINANCE AMENDING Mi~I BEACH CI~ CODE SPECIAL REMTED ACTS, A~ICLE IX, ENTITED FOR FIREFIGHTERS AND POLICE OFFICERS IN ~E CI~ OF MtAMI BEACH", SECTION 62 THEREOF ENTITLED "DEFINITtQN~ PROVIDE A DEFINITION OF "DOMESTIC PAR~ER", AMENDING SECTION ~ THEREOF ENTICED 'COMPUTA~ OF CREDIT~LE SE~ICE BY CREATING A SUBSECTION (D) FOR PURCHASE OF ADDITIONAL CREDITABLE SERVICE FOR PREVIOUS ENFORCEMENT EXPERIENCE, AMENDING SECTION 66 THEREOF ENTITLED "PENSION SYSTEM FOR OiSABILI~ AND RETIREMENT OF MEMBERS OF POLICE ANd FIRE DEPA~MENTS" BY CREATING A SUBSECTION (J) FOR PURCHASE OF UP TO AN ADDITIONAL SIX PERCENT (6%) BENEFIT MULTIPLIER, AMENDING SECTIONS 68, 69, 70 (A), AND 85 ~EREOF ~ DESIGNATE DOMESTIC PARTNERS AS POTENTIAL RECIPIENTS OF SURVIVOR BENEFITS UNDER THE PENSION P~N; PB~iDING A REPEALER C~USE; PROVIDING A $EVERABILI~ C~USE; CODIFICATION; PR~IDING AN EFFECTIVE DATE. P~N', SECTION 78-31 THEREOF ENTITLED "DEFINITIONS" BY DEFINING "DOMESTIC PA~NER", AMENDING SECTION 78-~ ENTITLED 'AGREEMENTS OF MEMBERS' TO PERMIT ~MESTIC PA~NERS AND THEIR CHILDREN TO OBTAIN HEALTH BENEFITS, AMENDING SECTIONS 78-81 ENTITLED "GRIP HEALTH INSURANCE", SUBSECTION (El AND 78-82 ENTITLED "HEALTH MAINTENANCE ORGANISTiONS (HMO)' SUBSECTION (El TO INCLUDE DOMESTIC PA~NERS FOR iNCLUSION WITHIN ~ESE SECTIONS; P~ViDING FOR A REPEALER; SEVERABILi~; CODIFICATION; AND AN EFFECTWE DATE. at 11:35 a,m,: AN ORDINANCE AMENDING MIAMI BEACH CiTY CODE CHAPTER 62, ARTICLE lit, ENTITLED "DOMESTIC PAR~ERSHIP", SECTION 62-128 THEREOF ENTITLED "EMPLOYEE BENEFITS" TO PROVIDE H~LTH INSU~NCE BENEFITS TO CI~ OF MIAMI BEACH EMPLOYEES' FOR THEIR DOMESTIC PARTNERS; PROViDiNG FOR REPEALER; SEVER~ILI~; CODIFICATION; AND AN EFFECTIVE DATE. at 11:40 a.m.: AN ORDINANCE AMENDING MIAMI B~CH Cl~ COOE CHASER 2 "AOMINIST~TI~', OlVISION 2THEREOF BY CRYING SECTION 2-4~ ENTITLED "CONTINUING APPLICATION FOR ~0 YEARS A~ER Ci~ SEaICE"; PR~IDING FOR REPEALER, SEVERABIU~, CODIFICATION, AND EFFECTIVE DATE. Inquiri~ may be diretied to H~man Resour~s at (~5) 673-7524. M 3:10 p.m.: AN ORDINANCE AMENDING CHAPTER 14 QF THE MIAMI BEACH CI~ ~OQE BY AMENDING DWISION 2 ~EREOF ENTITLED "PERMIT FEES", BY AMENDING SECTION 14~5 ~EREOF E~ITLED 'MECHANICAL PERMITS", BY AMENDING APPENDIX A TO SECTION 14~5 ENTITLED 'FEE SCHEDULE" TO PROVIDE FOR FEES FOR THE W~TNESSING OF PERIODIC iNSPECTIONS AND ACCEPTANCE TESTS BY AN ELEVATOR iNSPECTOR EMPLOYED BY ~E C$~ OF MIAMI BEACH ONCE EVERY YEAR AND ONCE_ EVERY 5 Y~RS; PR~IOING FOR REPEALER, SEVERAB~LI~, ~DIFECATION, AND AN EFFECTIVE DATE. ~ 3:20 p.m.: AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF THE CI~ OF MIAMI BEACH ENTITLED "ADMINI~RATION", BY AMENOING ARTICLE VI THEREOF ENTITLED "PROCUREMEN~, BY AMENDING DIVISION 3 ENTITLED ~RACT PROCEDURES', BY AMENDING SECTION 2-369; SAID AMENDMENT ALLOWING THE C1~ MANAGER A~HORI~ TO APPROVE PURCHASES OF GOODS AND SERVICES UNDER CONTRACTS AWAROED BY OTHER MUNICIPALITIES tN THE STATE; PR~iDING FOR REPEALER, SEVERABILI~, AND AN EFFECTIVE DATE, inquiries m~ ~ dir~ed to ~e Pr~urement DepaRme~ at (~5) 673-7490, Pumuant to S~on 286.0105, Fla. Stat.,the CiW here~ a~ises the pubtic ~at: if a ~mn decides to a~peal any d~ision made ~ ~e CiW Commission ~th respe~ tQ a~ ma~er consider~ at its meeting or i~ hearing, ~ch pemon must ensure t~t a vedatim ~rd of pr~eedings is made, which record includes the testimony and ~idence u~n which the appeal is to be ba~d. ~is n~ce d~s not constitute consent by ~e CiW for the intr~u~ion or admition of othe~ise inadmissible or irrelevant evidence. nor d~s ~ author~ ~ailenges or appeals not ~e~iB allied ~ law. In ac~ffiance with the Ameri~ns with DiBbiliti~ A~ ~ 19~, per~ns ne~ing spedal a~ommodation to pa~cipate in this p~eeding should contact the CiW Clerk's office no later than ~ur days prior to the p~eedin9, telephone (~5) 673-7411 ~r assimn~; if h~ring' impaired, telephone the Florida Relay Se~ice numbers, (800) 955-8~1 ~DD) or (80Q) 955-8~0 (VOICE), ~r ........................ AD~ CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY Condensed TItle: IAn Ordinance to include a definition for Domestic Partners within the Miami Beach City Code. Issue: IShall the City of Miami Beach add e definition of Domestic Partner to the Miami Beech City Code? Item Summary/Recommendation: Adopt the Ordinance on the second and final reading. The voters of the City of Miami Beach passed a referendum to provide Health Insurance benefits to Domestic Partners of City Employees. This Commission Memorandum will add a definition of Domestic Partners to be added to the following sections of the Miami Beech City Cede: Employees' Benefit Plan, Definitions, Agreements of members, Group Health Insurance, and Health Maintenance Organizations. This will ensure that Domestic Partners and their children will be eligible to obtain health benefits. Advisory Board Recommendation: IN/A Flnenolel Informetion: Amount to be expertdeal: Source of ~!'~' Funds: A'E.D, E. DATE CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DI~IVE MIAMI BEACH, FLOF~IDA 33139 COMMISSION MEMORANDUM TO: FROM: SUBJECT: Mayor David Definer and DATE: December 19, 2001 Members of the City Commission AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAFFER 78, ARTICLE H THEREOF, ENTITLED "EMPLOYEES' BENEFIT PLAN", SECTION 78-31 THEREOF ENTITLED "DEFINITIONS" BY DEFINING '"DOMESTIC PARTNER", AMENDING SECTION 78-~4 ENTITLED "AGREEMENTS OF MEMBERS" TO PERMIT DOMESTIC PARTNERS AND THEIR CHILDREN TO OBTAIN HEALTH BENEFITS, AMENDING SECTIONS 78-81 ENTITLED "GROUP HEALTH INSURANCE", SUBSECTION (e) AND 78-82 ENTITLED "HEALTH MAINTENANCE ORGANIZATIONS (HMO)" SUBSECTION (e) TO INCLUDE DOMESTIC PARTNERS FOR INCLUSION WITHIN THESE SECTIONS; PROVIDING FOR A REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION: Adopt the Ordinance on the second and final reading. ANALYSIS: The first reading of the Ordinance took place on November 28, 2001. It has been determined that it is in the City' s best interest to provide a health plan which is fair and consistent for all City employees. On November 6, 2001, the voters of Miami Beach passed a referendum to allow group health insurance benefits to the domestic partners of City employees. The City's Health Plan for City Officers and Employees only included dependent coverage for spouses and dependent children of City Officers and Employees. Dependent coverage for "Domestic Partners" was not included. "Domestic Partners" of City Employees and Officers will be added as dependents under the City's Health Plan. Under the City' s Code, the term "Domestic Partner" is defined as a committed relationship between two (2) persons who consider themselves as a member of each other' s immediate family and have registered their partnership with the City pursuant to procedures established by Ordinance. Commission Memorandum DECEMBER 19, 2001 COMMISSION MEETING Page 2 As to employees governed by union contracts, implementation of this measure is contingent upon collective bargaining and approval by the unions to the extent such approval is necessary. In order to implement the terms of the referendum, it is necessary for the Mayor and City Commission to adopt the attached Ordinance to make the appropriate changes to Chapter 78, Article 1I, the Employees Benefits Plan, of the City of Miami Beach Cede. In addition, there is a Companion Ordinance on this agenda which amends the City' s Human Rights Ordinance to add health insurance as one of the benefits for employees' domestic parmen. CONCLUSION By amending the Employees' Benefit Plan to allow domestic partners to receive group health insurance benefits in order to provide a benefits plan which is fair and consistent for all employees.