Ordinance 92-2809ORDINANCE NO. 92-2809
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING ORDINANCE NO. 88-2603, WHICH
CREATED THE RETIREMENT SYSTEM FOR UNCLASSIFIED
EMPLOYEES AND ELECTED OFFICIALS, BY ESTABLISHING
A DIFFERENT BENEFIT LEVEL FOR EMPLOYEES ENTERING
THE SYSTEM ON OR AFTER OCTOBER 18, 1992,
PROVIDING FOR A REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach, Florida, has
established the Retirement System for Unclassified Employees and
Elected Officials (the "System") with the passage of Ordinance No.
88-2603, and,
WHEREAS, the City desires to amend this System to
establish a different level of benefits for all persons entering
the System on or after October 18, 1992, and,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 2.10 of Ordinance 88-2603
"Definitions" be amended to read as follows:
2.10 For any Member who became a Member on or before October
17, 1992, "Final Average Monthly Earnings" means, one -twelfth
of the annual earnings of the Member during the last year of
his creditable service. For any Member who became a Member on
or after October 18, 1992, "Final Average Monthly Earnings"
means, the average of the highest three years of annual
earnings during his years of creditable service divided by
thirty-six (36).
SECTION 2. That Section 5.01 of Ordinance 88-2603 be amended
to read as follows:
5.01 Normal Service Retirement Allowance
(a) The normal retirement date of a person who
became a Member on or before October 17, 1992,
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. The normal retirement date of a
person who became a Member on or after October 18,
1992, shall be the first day of the calendar month
coincident with or next following the sixtieth
anniversary of his birth and the date as of which
he completes ten years of creditable service.
(b) The normal service retirement allowance
payable upon the retirement on or after his normal
retirement date of a Member who became a Member on
or before October 17, 1992, who did not serve both
as an Employee and as an Elected Official 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. The
normal retirement allowance payable upon the
retirement of a Member who became a Member on or
after October 18, 1992, on or after his normal
retirement date shall be as follows: three per
centum (3%) of his final average monthly earnings
multiplied by the number of his years of creditable
service, provided that such allowance shall not
exceed eighty percent (80%) 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
multiplied by the number of his years of
creditable service as an Elected Official for
service on or before October 17, 1992, and
three per centum (3%) of his final average
monthly earnings as an Elected Official
multiplied by the number of his years of
creditable service as an Elected Official for
service on and after October 18, 1992, plus,
(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 for creditable service on or
before October 17, 1992, and three per centum
(3%) of his final average monthly earnings as
an Employee multiplied by the number of his
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SECTION 3.
years of creditable service as an Employee for
creditable service on and after October 18,
1992; provided, however, that the total normal
service retirement allowance provided under
this subsection (c) shall not exceed ninety
percent
average
Official
(90%) of the higher of his final
monthly earnings as
an Elected
or as an Employee for any Member who
was a Member on or before October
and the normal service retirement
provided under this subsection (c)
exceed eighty percent (80%) of the
17, 1992,
allowance
shall not
higher of
his final average monthly earnings as an
Elected Official or as an Employee for any
Member who becomes a Member on or after
October 18, 1992.
That Section 5.02 of Ordinance 88-2603 "Vested
Retirement Allowance" be amended to read as follows:
(a) Any Member who became a Member on or before
October 17, 1992 with less than five (5) years of
service whose service with the City is terminated
voluntarily or involuntarily shall be eligible for
a refund of his accumulated employee contributions
plus the amount in Section 5.07(a). Any Member who
became a Member on or after October 18, 1992 with
less than ten (10) years of service and whose
service is terminated voluntarily or involuntarily
shall be eligible for a refund of his accumulated
contributions plus the amount in Section 5.07(a).
(b) Any Member who became a Member on or before
October 17, 1992 with five (5) or more years of
service and whose service with the City is
terminated prior to the date of which he would
first become eligible for retirement on a normal
service retirement allowance shall be eligible for
a refund of his accumulated employee contributions
plus the amount in Section 5.07(a); or, the Member
may elect to not get the refund but instead allow
all of his contributions to remain in the
Unclassified System as a vested retirement
allowance. Any Member who became a Member on or
after October 18, 1992 with ten (10) or more years
service and whose service with the City is
terminated prior to the date of which he would
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first become eligible for retirement on a normal
service retirement allowance shall be eligible for
a refund of his employee contributions plus the
amount in Section 5.07(a); or, the Member may elect
not to get the refund but instead allow all of his
contributions to remain in the Unclassified System
as a vested retirement allowance.
The vested retirement allowance shall be a deferred
allowance commencing on the earliest date as of
which a Member with his years of creditable service
would first be eligible for retirement on a normal
service retirement allowance and shall be equal to
the amount computed in accordance with this Article
5 as a normal service retirement allowance on the
basis of the Member's final average monthly
earnings and creditable service at the time of his
termination and his age as of the date on which
payment of the allowance commences.
SECTION 4. That Section 5.03(d)(1) "Disability Retirement
Allowance" be amended to read as follows:
(d)(1) For any Member who became a Member on or before
October 17, 1992, Tthe allowance payable to a disability
Retirant prior to his normal retirement date shall not be
less than twenty-five per centum (25%) of his final
average monthly earnings as defined in Section 2.10 as of
the date of his disability if an ordinary disability
retirement allowance is payable, and not less than fifty
percent (50%) of such final average monthly earnings if
a service connected disability retirement allowance is
payable. For any Member who became a Member on or after
October 18, 1992, the amount payable to a disability
Retirant prior to his normal retirement date shall not be
less than thirty-five percent (35%) of his final average
monthly earnings as defined in Section 2.10 as of the
date of his disability if an ordinary disability
retirement allowance is payable, and not less than sixty
percent (60%) of such final average monthly earnings if
a service connected disability retirement allowance is
payable. Under this Section, the period of disability
retirement is deemed to be active service and when the
normal retirement date occurs, the disability Retirant
after his normal retirement date is based on what the
Retirant would have received if disability had not
occurred. The allowance payable to a disability Retirant
after his normal retirement date shall be an amount
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computed as a normal service retirement allowance on the
basis of the final average monthly earnings and number of
years of creditable service he would have had if he had
continued in service without the disability interruption.
SECTION 5. That Section 5.08(b) "Post Retirement
Adjustments" of Ordinance 88-2603 be amended as follows:
(b) "Improvement Factor" for the purpose of this Section 5.08
means an increase of one and one half per centum (1 1/2%) per
annum in retirement allowances or pensions for each year
commencing on October 18 following the completion of one full
year after the commencement date of the retirement allowance
or, if applicable to pensions payable as the result of the
death of a Member prior to his retirement, one full year after
the commencement date of the pension. For any Member who
became a Member on or before October 17, 1992, fthe
Improvement Factor shall be compounded, and shall be applied
to the retirement allowance or pension payable as the result
of the retirement, termination or death of a such Member,
whichever is applicable. For any Member who became a Member on
or after October 18, 1992, the Improvement Factor shall not be
compounded, and shall be applied to the retirement allowance
or pension payable as of the retirement, termination or death
of such Member, whichever is applicable.
SECTION 5. REPEALER
All ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
SECTION 6. SEVERABILITY
If any section, sentence, clause or phrase of this ordinance
is held to be 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.
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SECTION 7. EFFECTIVE DATE
This ordinance shall become effective 10 days after adoption.
PASSED AND ADOPTED this 8th day of October
ATTEST:
efr
CITY CLERK ; ylia/gi
1st reading 9/16/92
2nd reading 10/8/92
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