Ordinance 91-2766 ORDINANCE NO. 91-2766
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING ORDINANCE NO. 88-2603,
"RETIREMENT SYSTEM FOR UNCLASSIFIED EMPLOYEES AND ELECTED
OFFICIALS", BY CHANGING THE DEFINITION OF "ELECTED
OFFICIALS" IN SECTION 2 .04, AMENDING THE DEFINITION OF
"MEMBERS" IN SECTION 2 . 06 TO INCLUDE "ELECTED
OFFICIALS", ADDING ARTICLES 4.04 AND 4.05 TO PRECLUDE
ELECTED OFFICIALS AND EMPLOYEES, WHO BECOME A MEMBER ON
OR AFTER NOVEMBER 4, 1991, FROM COMBINING CREDITABLE
SERVICE AS AN ELECTED OFFICIAL WITH CREDITABLE SERVICE AS
AN EMPLOYEE EXCEPT AS PROVIDED IN ARTICLE 5.01 (c) ;
AMENDING ARTICLE 5.01 (a) TO CLARIFY THAT FIVE YEARS OF
CREDITABLE SERVICE CAN BE AS AN EMPLOYEE OR AS AN ELECTED
OFFICIAL, ADDING .ARTICLE 5.01 (c) TO PROVIDE THAT THE
NORMAL SERVICE RETIREMENT ALLOWANCE OF A MEMBER, WHO
SERVES BOTH AS A EMPLOYEE AND AS AN ELECTED OFFICIAL,
SHALL BE BASED UPON HIS EARNINGS AND YEARS OF CREDITABLE
SERVICE AS AN ELECTED OFFICIAL CALCULATED SEPARATELY FROM
HIS YEARS OF CREDITABLE SERVICE AND EARNINGS AS AN
EMPLOYEE; PROVIDING FOR SEVERABILITY; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; 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 . 04 is hereby amended to read as follows:
2 .04 "Elected Officials" means the Mayor, and the members of
the City Commission of the City of Miami Beach, who are receiving
compensation from the City for personal services.
SECTION 2 .
That Article 2 . 06 is hereby amended to read as follows:
2 .06 "Members" means any Employee or Elected Official included
in the membership of the Unclassified System, as provided in
Article 3 . A Member who retires shall be deemed a retired member
or a retirant.
SECTION 3 .
Article 4 entitled "Creditable Service" is hereby amended to
read as follows:
4.01 Each Employee or Elected Official who becomes a Member of
the Unclassified System on April 1, 1988, shall be credited under
this Unclassified System with creditable service to which he was
credited as of such date under the predecessor system. Each Member
of the Unclassified System shall be credited with service rendered
after the effective date of this Ordinance with respect to which he
has made contributions to the Unclassified System in accordance
with Section 6. 02 . The creditable service of a Member shall not
include service rendered prior to the date as of which he elected
to receive his Accumulated Employee Contributions in accordance
with Section 5. 07 (a) .
4.02 Each Member shall be entitled to acquire additional
creditable service for his period or periods of service with the
Armed Forces of the United States while on leave of absence granted
by the City for such military service by making the contributions
that he would have been required to pay on the basis of his salary
in effect at the beginning of such period if he had not been on a
leave of absence with interest at the rate per annum, compounded
annually, being allowed on contributions of Members at the time
such election is made, subject to such conditions and limitations
as are required by law or established by the Board under rules
uniformly applicable to all persons similarly situated.
4.03 Any current Employee or current Elected Official whose
ose
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 his 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 April 1, 1988 .
4.04 Each Elected Official who becomes a Member of the
Unclassified System on or after November 4 , 1991 shall be credited
under this Unclassified System with his creditable service as an
Elected Official ; provided, however, that such Member' s creditable
service as an Elected Official shall not be combined with that same
Member' s creditable service earned as an Employee except as
provided in Article 5 . 01 (c) herein.
2
4.05 Each Employee who becomes a member of the Unclassified
System on or after November 4 , 1991 shall be credited under this
Unclassified System with his creditable service as an Employee;
provided, however, that such Member's creditable service as an
Employee shall not be combined with that same Member' s creditable
service earned as an Elected Official except as provided in
Article 5. 01 (c) herein.
SECTION 4.
Article 5. 01 entitled "Normal Service Retirement Allowance" is
hereby amended to read as follows:
5.01 Normal Service Retirement Allowance
(a) The normal retirement date of a person who became a Member
shall be the first day of the calendar month coincident with or
next following the fiftieth anniversary of his birth and the date
as of which he completes five years of creditable service as an
Employee, or five years of creditable service as an Elected
Official .
(b) normal serviceretirement allowance payable upon the
The re..�r�.,.
retirement on or after his normal retirement date of a Member who
did not serve both as an Employee and as an Elected Official on or
after his normal retirement date shall be as follows: four per
centum (4%) of his final average monthly earnings multiplied by the
number of his years of creditable service, provided that such
allowance shall not exceed ninety percent (90%) of his final
average monthly earnings.
(c) The normal service retirement allowance payable upon the
retirement on or after his normal retirement date of a Member who
served both as an Employee and as an Elected Official shall be as
follows:
(1) four per centum (4%) of his final average monthly
earnings as an Elected Official multipliedby the number
of his years of creditable service as an Elected
Official , plus
3
(2) four per centum (4%) of his final average monthly
earnings as an Employee multiplied by the number of his
years of creditable service as an Employee;
provided, however, that the total normal service retirement
allowance provided under this subsection (c) shall not exceed
ninety percent (90%) of the higher of his final average monthly
earnings as an Elected Official or as an Employee.
SECTION 5 . SEVERABILITY
If any section, sentence, clause or phrase of this Ordinance
is held invalid, 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. REPEALER
That all Ordinances or parts of Ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 7 . EFFECTIVE DATE
That this ordinance shall take effect ten (10) days after its
adoption.
PASSED AND ADOPTED this 23rd day of October , 1991.
i
ATTEST: P •
VICE-MAYO'
aL,,,A- FORM APPROVED
CITY CLERK LE L DEPT.
1st reading 10/9/91 By
2nd reading 10/23/91
Date //7/PNB: lm
Words in struck through type are deletions from existing Ordinance.
Words in underscored type are additions.
(Requested by Commissioner Martin B. Shapiro)
C:ordinanc/retireme
October 24, 1991
4
114
OFFICE OF THE CITY ATTORNEY
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LAURENCE FEINGOLD
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CITY ATTORNEY MIAMI BEACH FLORIDA
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TELEPHONE,305, 673-7473
TELECOPY ;3051673-7002
COMMISSION MEMORANDUM NO. -;
DATE: OCTOBER 9, 1991
TO: MAYOR ALEX DAOUD,
MEMBERS OF THE CITY COMMISSION AND
CITY MANAGER CARLA BERNABEI TALARICO
FROM: LAURENCE FEINGOLD
CITY ATTORNEY
RE: AMENDMENT TO ORDINANCE NO. 88-2603 "RETIREMENT SYSTEM FOR
UNCLASSIFIED EMPLOYEES AND ELECTED OFFICIALS"
Commissioner Martin B. Shapiro requested the City Attorney' s office
to prepare an ordinance closing the loophole in the Unclassified
Retirement System, which currently allows a person who serves as an
elected official and who serves as an employee to add the years of
creditable service and have the retirement benefit based upon the
higher rate of compensation.
The attached Amendment to Ordinance No. 88-2603 would accomplish
the purpose of closing this loophole, so that after November 4 ,
1991, the years of creditable service as an elected official could
not be added to years of creditable service as an employee at a
higher rate of compensation.
Encl.
PNB: lm
9
AGENDA
ITEM
DATE )D 23 -GI/
1700 CONVENTION CENTER DRIVE — FG ,i, JOR -- MIAMI BEACH. FLORIDA 33139 •
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