Ordinance 88-2601 ORDINANCE NO. 88-2601
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA AMENDING
ORDINANCE NO. 1901 OF THE CITY OF MIAMI
BEACH , ESTABLISHING "THE RETIREMENT
SYSTEM FOR GENERAL EMPLOYEES AND ELECTED
OFFICIALS OF THE CITY OF MIAMI BEACH" BY
DELETING THEREFROM THAT SECTION WHICH
EXCLUDES EMPLOYEES WHOSE EMPLOYMENT
COMMENCED ON OR AFTER JANUARY 28 , 1970
AND WHO HAVE ATTAINED THE AGE OF 56 FROM
THAT GROUP OR CLASSIFICATION OF EMPLOYEES
WHO ARE ELIGIBLE FOR MEMBERSHIP IN THE
RETIREMENT SYSTEM FOR GENERAL EMPLOYEES
AND ELECTED OFFICIALS, PROVIDING THAT
CURRENT EMPLOYEES OR CURRENT ELECTED
OFFICIALS WHOSE EMPLOYMENT OR ELECTION
COMMENCED ON OR AFTER JANUARY 28 , 1970
AND WHOSE ATTAINMENT OF AGE 56 PREVIOUSLY
EXCLUDED THEM FROM ELIGIBILITY FOR
MEMBERSHIP IN THE SYSTEM MAY ELECT TO
ACQUIRE ADDITIONAL CREDITABLE SERVICE FOR
THE PERIOD OF THEIR CONTINUOUS CITY
EMPLOYMENT FOR MEMBERSHIP IN THE SYSTEM
PROVIDING THAT SUCH ELECTION SHALL BE
LIMITED TO EMPLOYEES OR ELECTED OFFICIALS
WHOSE EMPLOYMENT OR ELECTION COMMENCED
PRIOR TO THE EFFECTIVE DATE OF THIS
ORDINANCE, PROVIDING THAT RETIRANTS AND
PENSIONERS WHO WERE ON THE RETIREMENT
PAYROLL PRIOR TO JANUARY 1 , 1987 , AND
PENSIONERS ENTITLED TO RECEIVE A PENSION
ALLOWANCE AS A RESULT OF THE DEATH OF A
RETIRANT WHO RETIRED PRIOR TO JANUARY 1,
1970 , SHALL RECEIVE A SPECIAL COST OF
LIVING INCREASE BASED UPON EITHER THE
YEAR OF RETIREMENT OR THE YEAR OF DEATH
OF THE ACTIVE MEMBER ; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH ;
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 2, Section 2 . 04 of Ordinance No. 1901
of the City of Miami Beach , which Ordinance establishes the
Retirement System for General Employees and Elected Officials of
the City of Miami Beach is hereby amended to read as follows:
ARTICLE 2 DEFINITIONS
2. 04 "Employee" means any person employed by the City
on a regular basis, who is receiving compensation from the City
for personal services , and who is within a group or
classification of employees designated by the Board of Trustees
as eligible for membership in the System, exclusive of the
following groups and classifications:
i
(a) Persons whose services are compensated on a contractual
basis .
(b) Persons employed on a provisional , original
probationary or other temporary basis.
(c) Members of boards or commissions , officers , or
employees receiving no salary or a normal salary on a fee
basis.
f-ei} Perserrs--w se--enpi-eyrrefrt--t y--blie-Eity- -oar-ar
e€ter-aarrtrarp-28&--1-97-&--aarei-a€ter-harirrg-ebta rreei-age-56-
fe} (d) Members of the City Pension Fund for Firemen and
Policemen in the City of Miami Beach.
f-f•} (e) Persons whose regular employment with the City is
for less than thirty ( 30) hours per week .
SECTION 2. That Article 4 of Ordinance No. 1901 of the City
of Miami Beach, which Ordinance establishes the Retirement System
for General Employees and Elected Officials of the City of Miami
Beach is hereby amended by adding Section 4 . 05 to read as
follows:
ARTICLE 4 CREDITABLE SERVICE
4 .05 Any current Employee or current Elected Official whose
employment or election commenced on or after January 28, 1970 and
whose attainment of age 56 previously excluded him from
eligibility for membership in the system, may elect to acquire
additional creditable service in respect of the period of this
continuous service in the employ of the City for which he
previously was denied eligibility for membership in the System.
The election to acquire creditable service under this section
shall be limited to Employees or Elected Officials whose
employment or election commenced prior to the effective date of
this Ordinance.
* * *
Section 5.09 Post Retirement Adjustments
(m) Effective October 1, 1987, Retirants and Pensioners who were
on the retirement payroll prior to January, 1 , 1987 , and
0
Pensioners entitled to receive a pension allowance as a result of
the death of a Retirant who retired prior to January 1, 1987,
shall receive a special cost of living increase in their
retirement allowance or pension in addition to the increase
' provided under Paragraph ( k ) of this Section 5 . 09 . The
percentage increase shall be based on the year of retirement of a
Member on account of whom a retirement allowance or pension is
payable, or the year of death of the active Member in the case of
a Pensioner receiving a pension as a result of the death of an
active member prior to January 1, 1987, in accordance with the
following table:
Date of Retirement Percentage
or Death of Active Member • Increase
Member
1/1/82-1/1/87 0%
1/1/77-12/31/ 81 5%
1/1/72-12/31/76 10%
12/31/71 and earlier 15%
The percentage increase shall be applied to the sum of the
retirement allowance or pension otherwise payable as of September
1 , 1987 and the special cost of living increase provided under
Paragraph (k ) of this Section 5 . 09; provided that for a Pensioner
receiving a pension as a result of the death of a Retirant after
September 30, 1987, the percentage increase shall be applied to
the pension otherwise payable reflecting all improvement factors
and cost of living increases prior to October 1 , 1987 and the
special cost of living increase provided under Paragraph (k) of
this Section 5. 09; and provided that for a Disability Retirant,
upon reaching normal retirement age , the percentage increase
factor shall be applied to the normal retirement allowance
adjusted by all improvement factors and cost of living increases
prior to October 1 , 1987 and by the special cost of living
increase, provided under Paragraph (k) of this Section 5. 09 .
revised 3/23/88
•
SECTION 4. REPEALER
All ordinances or parts in conflict herewith be and the same are
hereby repealed.
• SECTION 5. SEVERABILITY
If any section, sentence, clause or phrase of this ordinance is
held to be valid 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 6. EFFECTIVE DATE
This ordinance shall take effect ten ( 10 ) days after its
adoption. on February 27 , 1988.
PASSED and ADOPTED this 17th da of •ebruary , 1988 .
LILA
ATTEST:
7(J-ett7iti
CAL426L-1/---
CITY CLERK
1st Reading - February 3, 1988
2nd Reading - February 17, 1988
Words in s-t-rtrc -t- rr-o-trgt type are deletions from existing
Ordinance;
Words in underscored type are additions
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