Ordinance 96-3043 ORDINANCE NO. 96- 3043
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,
AMENDING CITY OF MIAMI BEACH ORDINANCE NO. 88-
2603,WHICH ESTABLISHED THE RETIREMENT SYSTEM
FOR UNCLASSIFIED EMPLOYEES AND ELECTED
OFFICIALS OF THE CITY OF MIAMI BEACH,
SPECIFICALLY SECTION 3.02 THEREOF, ENTITLED
"MEMBERSHIP" BY PROVIDING THAT MEMBERS WHO
CHANGE EMPLOYMENT STATUS FROM CLASSIFIED TO
UNCLASSIFIED WITH THE CITY SHALL BE ENTITLED TO
BUY BACK CLASSIFIED EMPLOYEE PROBATIONARY
AND/OR PROVISIONAL TIME, UP TO ONE-YEAR FROM
NOTIFICATION BY THE CITY; PROVIDING FOR A
REPEALER, SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, Section 3.02 of Ordinance No. 88-2603 which established the Retirement
System for Unclassified Employees and Elected Officials of the City of Miami Beach should be
amended to allow employees who have changed employment status from classified to unclassified
during their employment, and who have been continuously employed by the City, to be permitted
to buy back creditable service for their period of probationary and/or provisional employment when
they were members of the Classified Retirement System.
BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
SECTION 1.
That City of Miami Beach Ordinance No. 88-2603,which established the Retirement System
for Unclassified Employees and Elected Officials of the City of Miami Beach, Section 3.02 thereof,
entitled "Membership" is hereby amended to read as follows:
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Section 3.02: Any person, except as provided in Section 3.05 herein, who becomes an
Employee or Elected Official,as defined herein,on or after April 1, 1988, shall be a Member
of the Unclassified System as a condition of his employment or office as of the date he
becomes an Employee or Elected Official;provided,however that,after January 1, 1990,the
effective date of this Ordinance(Ordinance No. 90-2688, s2),any member of the Retirement
System for General Employees of the City of Miami Beach who becomes an Employee as
defined in Section 2.05 herein, and holds the unclassified position for a period of one (1)
year, shall become a Member of the Unclassified System as of one (1)year from the date on
which he became an Employee. (Ordinance No. 90-2688, s2), Any Employee who transfers
his Membership to this System, on or after October 18, 1992, by virtue of a change in his
employment status to an unclassified employee, shall have his rights and benefits governed
by the date the employee became a Member of the Predecessor System rather than the date
upon which the employee became an unclassified employee. (Ordinance No. 92-2817, sl)
Any employee who becomes a Member of the Unclassified System and who was a member
of the General Retirement System for Employees and had the right in such system to buy
back any provisional and/or probationary time but did not do so, shall have one-year from
notification by the City to buy back such time from the Unclassified System and receive
credit therefor in the Unclassified System. However,this one-year period shall in no event
extend beyond the Member's retirement from the City.
SECTION 2. REPEALER
All ordinances or parts of ordinances in conflict herewith are and the same are hereby
repealed.
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SECTION 3. 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.
SECTION 4. EFFECTIVE DATE
This Ordinance shall take effect on the 14th day of April , 1996.
PASSED and ADOPTED this 4th e ay of April 1996.
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411Lilift
IrAYOR
ATTEST:
R0LPOMdAM
CITY CLERK
1st reading 2/20/96 FORM APPROVED
2nd reading 4/2/96 �ga pj
By ,/ 4
ajdp:penord.amd Date 1-/iy/96
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OFFICE OF THE CITY ATTORNEY
624 Wald
F L O R 1 D A
�y
MURRAY H. DUBBIN '3�Q�,`�,, Telephone: (305) 673-7470
City Attorney II Telecopy: (305) 673-7002
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COMMISSION MEMO 1 B2-9/
TO: MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
FROM: MURRAY H. DUBBIN [
CITY ATTORNEY
JOSE GARCIA-PEDROSA
CITY MANAGER
RE: AMENDMENT TO UNCLASSIFIED PENSION ORDINANCE
DATE:
It has come to the attention of the City Attorney's Office and City Administration that
individuals who transfer from a classified to an unclassified position with the City are sometimes
placed erroneously in the unclassified retirement system prior to the one-year period required by
Section 3.02 of Ordinance 88-2603 (the Unclassified Retirement System Ordinance). Among other
things, this results in the individual ostensibly forfeiting the right to buy back provisional and/or
probationary employment periods routinely permitted under the general retirement system
ordinance.
The proposed ordinance attempts to eliminate this problem and provide an equitable means
to permit employees to exercise their rights under our pension ordinances. The Commission passed
this Ordinance on first reading on February 20, 1996.
RECOMMENDATION
The City Attorney's office and City Administration recommends the adoption of this
ordinance on second and final reading at the meeting of March 20, 1996.
MHD:jm
Attachment Agenda Item A
Date
1700 Convention Center Drive-- Four&boor— Miami Beach,Florida 33139
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