Ordinance 95-3001 ORDINANCE NO. 95-3001
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING ORDINANCE 1901 WHICH CREATED
THE GENERAL EMPLOYEES PENSION SYSTEM, BY
AMENDING SECTION 5.06, DEATH BENEFITS AFTER
RETIREMENT, TO DEFINE "PHYSICALLY OR MENTALLY
HANDICAPPED CHILD" ; PROVIDING FOR A REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
Whereas, the City Commission of the City of Miami Beach,
Florida, adopted Ordinance No. 1901 which created the General
Employees Pension System ( "System" ) , and,
Whereas, the City Commission is desirous of amending the
System as set forth in this Ordinance,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1 - That Section 5 . 06 of Ordinance No. 1901 be amended
by amending the following paragraph by adding the following
language:
5 . 06 Death Benefits after Retirement
(c) If any such deceased retirant is not sur-
vived by a spouse entitled to a pension in accordance
with the foregoing paragraphs of this Section 5 . 06 or if
the death of such a spouse occurs after pension payments
have commenced in accordance with the foregoing para-
graph, the pension which would otherwise have been pay-
able to a surviving spouse eligible therefor and not more
than fifteen ( 15) years younger than the deceased Retir-
ant shall be payable to the dependent child or children
of the said deceased Retirant, if any, divided in such
manner as the Board in its discretion shall determine, to
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continue until every such child 1) marries or dies, or 2)
attains eighteen ( 18) years of age or twenty-two (22 )
years of age in the case of a child who is a full-time
student in high school or college; provided that in the
case of a physically or mentally handicapped child, the
pension shall continue until the child recovers from the
handicap. As used in this paragraph, a "physically or
mentally handicapped child" is one who 1) is unmarried,
2) is entitled to and receives a child's disability bene-
fit based upon determination by the Social Security Ad-
ministration that the child is unable to do any substan-
tial gainful activity by reason of any medically deter-
minable physical or mental impairment which can be ex-
pected to result in death or which has lasted or can be
expected to last for a continuous period of not less than
twelve ( 12) months and 3) was suffering from such impair-
ment prior to attaining eighteen ( 18) years of age (or
twenty-two (22 ) years of age in the case of a child who
was a full time-student in high school or college) . Not-
withstanding the above, only children who were dependent
beneficiaries of the Retirant on the date of his retire-
ment or termination of service, whichever is first, shall
be eligible for a pension under this paragraph.
SECTION 2 - REPEALER All Ordinances or parts of Ordinances in
conflict herewith be and the same are hereby repealed.
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SECTION 3 - SEVERABILITY If any section, subsection, clause
or phrase of this Ordinance is held to be invalid or unconstitu-
tional by any court of competent jurisdiction, then said holding
shall in no way affect the validity of the remaining portions of
this Ordinance.
SECTION 4 - EFFECTIVE DATE This Ordinance shall be effective
ten days after its adoption. /
Passed and adopted this 21st day of Jun: , 1995 .
i ,
IIV Mayor
Attest:
/ FORM A ,t
City Clerk �E� t
Approve. to Form: atd- -r-e4%�
, Sr /
Date -4:4-4?_44r
City Attor .'
1st reading 6/7/95
2nd reading 6/21/95
indicates material that has been added.
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. 44 9 I -9 S
TO: Mayor Seymour Gelber and
Members of the City Commission DATE: June 21, 1995
FROM: Jose Garcia-Pedrosa
City Manager
SUBJECT: SECOND READING&ENDING ORDINANCE NO.1901,WHICH ESTABLISHED THE
RETIREMENT SYSTEM FOR GENERAL EMPLOYEES OF THE CITY OF MIAMI BEACH
BY AMENDING SECTION 5.06,ENTITLED"DEATH BENEFTTS AFTER RETIREMENT",
TO DEFINE"PHYSICALLY OR MENTALLY HANDICAPPED CHILD";PROVIDING FOR
A REPEALER,SEVERABILITY AND AN EFFECTIVE DATE.
Administrative Recommendation
The Administration recommends that the Mayor and City Commission pass and adopt this Ordinance
upon second reading.
Background
The City Commission reviewed and passed the Ordinance at first reading, June 7, 1995.
Analysis
Section 5.06, Death Benefits after Retirement, contains language pertaining to "Handicapped
Dependent Child" that is vague. The Board of Trustees and the Union Presidents feel that a more
detailed definition of what is meant by"handicapped dependent" is necessary if the provision is to be
applied for the purpose in which it was intended.
The Actuary has advised that such an amendment will have no financial impact on the Fund, and an
impact study will not be necessary.
Conclusion
This amendment was recommended by the Board of Trustees as necessary for the proper
administration of the Ordinance as it pertains to "Handicapped Dependent Child".
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