Ordinance 90-2696 ORDINANCE NO. 90-2696
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING ORDINANCE NO. 1901, WHICH
CREATED A RETIREMENT SYSTEM FOR GENERAL EMPLOYEES OF THE
CITY OF MIAMI BEACH, BY AMENDING SUBPARAGRAPH (b) OF
SECTION 5.04, ENTITLED "DISABILITY RETIREMENT ALLOWANCE"
OF ARTICLE 5, ENTITLED "BENEFITS" BY ELIMINATING THE
REQUIREMENT THAT APPLICATIONS FOR DISABILITY RETIREMENT
ALLOWANCE BE FILED WITHIN SIX (6) YEARS FROM THE TIME OF
AN INCAPACITATING ACCIDENT; REPEALING ALL ORDINANCES IN
CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BFCF,
FLORIDA:
Section 1.
That Subparagraph (b) of Section 5. 04 , entitled "Disability
Retirement Allowance" of Article 5, entitled "Benefits" of
Ordinance No. 1901, which created a retirement system for general
employees, be amended to read as follows:
5.04 Disability Retirement Allowance
(b) Upon the written application of a Member or the City
Manager, any Member who has been totally and 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 next following the execution and
granting of such application; provided that the application
is filed within six (G) years from the time of said accident
aid 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.
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OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. -7'-I 11
DATE: June 6, 1990
TO: Mayor Alex Daoud a •
Members of the ' y Commis 'o 9
t
FROM: Rob W. Park .s � ���•,�
City Manager i �'
SUBJECT: AMENDING DISABIL TY PROVISIONS OF GENERAL EMPLOYEES PENSION SYSTEM
This Ordinance amends the disability retirement section of the
General Employees Retirement System by eliminating the require-
ment that an application for retirement be filed at least six
years from the date of an accident. The Pension Board is
requesting this change because in some cases degenerative con-
ditions can be caused by an accident and the employee may wish
to continue working as long as the employee is able to function
in the capacity for which he is employed. In such a case the
employee is forced to apply for a disability pension even when
the employee does not wish one.
Administration Recommendation
The Administration recommends that the City Commission adopt
this Ordinance .
RWP:RJN:sw
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AGENDA
ITEM � '
3 - C....-
DATE -2n .x
Section 2 . Repealer.
All Ordinances or parts 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 on the 30th day of June
1990.
PASSED and ADOPTED this pth day of June
1990.
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ATTEST:
CITY CLERK
1st reading 6/6/90
2nd reading 6/20/90
Requested by Finance Department
LF/SWS:jcl
FORM APPROVED
LE L DEPT.
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