Ordinance 83-2356 ORDINANCE NO. 83-2356
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA AMENDING SECTION
5.04 (f) OF ORDINANCE NO. 1901 PROVIDING FOR THE
CREATION AND MAINTENANCE OF THE RETIREMENT SYS-
TEM FOR GENERAL EMPLOYEES AND ELECTED OFFICIALS
OF THE CITY OF MIAMI BEACH, FLORIDA BY DEFINING
"EARNED INCOME" AS SET OUT IN SECTION 43 (c) (2)
OF THE INTERNAL REVENUE CODE; PROVIDING FOR RE-
PEAL OF CONFLICTING ORDINANCES; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1
Section 5 . 04 (f) of Ordinance No. 1901 providing for the City' s Re-
tirement System for general employees and elected officials is here-
by amended to read as follows:
(f) 1 . During the period of his retirement on a disabi-
lity retirement allowance prior to his normal retirement
date, the Retirant' s annual earnings from employment (in-
cluding self-employment) prior to his normal retirement
date shall not exceed an amount which, when added to the
disability retirement allowance payments received by
him, would result in a combined earned income of one
hundred twenty-five per centum (125%) of the maximum cur-
rent salary for the classification from which he was re-
tired if he is receiving a service-connected disability
retirement allowance, or one hundred per centum (100%) of
such maximum salary if he is receiving an ordinary disa-
bility retirement allowance; otherwise payments of the
disability retirement allowance shall be withheld to the
extent that the combined earned income exceeds the
maximum permissible amount. The Member must agree at the
time of his disability retirement, before any benefits
are paid to him under the System, to furnish annually to
the Board, before May 1 of each year , a copy of his
Federal Income Tax return for the prior year and any
other information which the Board may require. When the
Retirant ' s combined earned income exceeds the maximum
permissible amount determined on the basis of the maximum
salary as of January 1 of the prior year for the
classification from which he was retired, future payments
of his disability retirement allowance shall be withheld
until the total sum withheld /equals the amount by which
his combined earned income for the prior year exceeded
the maximum permissible amount. Restrictions on earnings
shall not be applicable after the Retirant' s normal
retirement date.
2. The term "earned income" shall be defined by
Section 43 (c) (2) of the Internal Revenue Code to mean
wages, salaries, tips, and other employee compensation,
plus the amount of the taxpayer ' s net earnings from self-
employment for the taxable year (within the meaning of
Section 1402 (a) of the Internal Revenue Code) .
SECTION 2 OTHER ORDINANCES
All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed .
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
f
SECTION 3 SEVERABILITY
If any article, section, subsection, sentence, clause, phrase, or
portion of this ordinance is, for any reason, held invalid or un-
constitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
such holding shall not effect the validity of the remaining portions
of this ordinance.
SECTION 4 EFFECTIVE DATE
This ordinance shall take effect ten (10) days after adoption in ac-
cordance with law, on January 29, , 1983 .
PASSED and ADOPTED this 19th day of January , 1983.
MAYOR
ATTEST:
CITY CLERK
JK:ab 1st Reading - January 5 1983
11292a 2nd Reading - January 19, 1983
(As requested by the Board of Trustees of the
Retirement System for General Employees and
Elected Officials of the City of Miami Beach)
FORM APPROVED
LEGAL DEPT.
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
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