Ordinance 94-2948 ORDINANCE NO. 94-2948
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
ORDINANCE NO. 88-2603 WHICH CREATED THE
RETIREMENT SYSTEM FOR UNCLASSIFIED EMPLOYEES
AND ELECTED OFFICIALS TO REQUIRE THE REPAYMENT
OF REFUNDED EXCESS CONTRIBUTIONS RECEIVED BY
THOSE MEMBERS OF THE SYSTEM WHO HAD PREVIOUSLY
TRANSFERRED TO THE RETIREMENT SYSTEM FOR
GENERAL EMPLOYEES AND LATER RETURNED TO THE
UNCLASSIFIED SYSTEM; PROVIDING FOR A REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
Whereas, Ordinance No. 88-2603 which created a retirement
system for unclassified employees and elected officials of the City
currently provides that members of the System who become classified
employees and transfer to the Retirement System for General
Employees may receive a refund of contributions they had paid into
the Unclassified System which are in excess of those contributions
that would have been required of general system members; and
Whereas, after becoming classified employees and receiving the
refund of excess contributions, those transferred employees may, at
a later date, become unclassified employees again, and thus
transfer back into the Unclassified Retirement System; and
Whereas, Ordinance No. 88-2603 currently does not provide for
employees who are transferring back into the Unclassified System to
repay the refund they had previously received when leaving the
System, thus resulting in the inequitable situation wherein some
employees may receive a refund of monies that should remain in the
System; and
Whereas, it is necessary to amend Ordinance No. 88-2603 to
eliminate this inequity.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and city Commission of
the City of Miami Beach, Florida:
Section 1 That Article 3 , Section 3 . 02 be amended as
follows :
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
1
governed by the date the Employee became a Member of the
Predecessor System rather than the date upon which the Employee
became and Unclassified Employee . (Ordinance No. 92-2817, sl)
When an Unclassified Employee becomes a General Employee and
transfers his Membership to the Retirement System for General
Employees and later again becomes an Unclassified Employee eligible
to re-enter this System, such Employee shall repay to this System
any refunded excess contributions he received by virtue of his
previous transfer into the Retirement System for General Employees .
Section 2 Repealer
All Ordinances or parts of Ordinances in conflict herewith
shall be and the same are hereby repealed.
Section 3 Severability
In the event any article, section, paragraph, sentence, clause
or phrase of this Ordinance shall be adjudicated invalid or
unconstitutional, such adjudication shall in no manner affect the
articles, sections, paragraphs, sentences, clauses or phrases of
this Ordinance, which shall remain in force and effect as fully as
if the item adjudged invalid or unconstitutional was not originally
a part hereof .
Section 4 Effective Date
This Ordinance shall take effect on October 15, 1994, after its
adoption on second reading.
PASSED AND ADOPTED by the Mayor and City Commission of the
City of Miami Beach, Florida this 5th day of October
1994 .
Mayor
Attest:
L�
City Clerk
1st reading 9/26/94
2nd reading 10/5/94
FORM IPPR ED
LEG i ' .
By
Date Q.$ 7-g-91/
2
CITY OF MIAMI BEACH
er_D
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. 143-9V
TO: Mayor Seymour Gelber and DATE: October 5, 1994
Members of the City Commission
FROM: Roger M. Carlton
City Manager
SUBJECT:
Amendment to Ordinance No. 88-2603, the Retirement System for Unclassified
Employees and Elected Officials of the City of Miami Beach
Recommendation:
The Administration recommends that this Ordinance be passed and adopted by the City
Commission upon second reading.
Background:
The Ordinance was reviewed by the Finance Committee August 31, 1994. The Finance
Committee recommended that the City Commission adopt the Ordinance on first reading. It was
passed on first reading September 26th.
Analysis:
When employees transfer from the Retirement System for Unclassified Employees and Elected
Officials to the Retirement System for General Employees, since they paid a higher contribution into
the Unclassified System than was required by the General System, they received a refund of those
contributions in excess of those contributions that would have been required by the General System.
After the employees become Members of the General Retirement System, and after they have
received a refund of the excess contributions, they may upon becomming an unclassified employee,
reenter the Unclassified Retirement System.
Since the current Ordinance does not provide for the repayment of the excess contributions received
by the employees when they first left the Unclassified System,this has created an inequitable situation
of monies that should have remained in the System had the employee not transferred to the General
System initially.
The attached Ordinance provides for the repayment of the refunded excess contributions back
to the Unclassified Retirement System.
Conclusion:
138
This amendment is recommended by the Board of Trustees as necessary to properly manage
the contributions of the Fund. AGENDA ITEM �-3
DATE I 0-5-9 q
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