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CITY OF SOUTH MIAMI
• INCORPORATED 'D • OFFICE OF THE CITY MANAGER o
C0R'V INTER— OFFICE MEMORANDUM 2001
To: The Honorable Mayor and Date- February 19, 2008
Members of the Commission
Via: Yvonne S. McKinley, City Manager
From: Jeanette Em7zo, Human Resource Manager Agenda Item loo.:
Human Resource
Subject: Amendment of Pension Ordinance Chapter 16, Article II, Section. 16 -13 (B)
Ordinance: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PENSION
ORDINANCE; AMENDING CHAPTER 16, ARTICLE II, SECTION 16 -13 (B);
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN
EFFECTIVE DATE.
Reason/Need: During the last City Commission meeting, the City Commission discussed the
issues regarding our current pension provision which allows employees to join the
pension plan after six months compared to the adopted probationary period of one
year. Initially, it was considered that by extending the probationary period to one
year, the ability to join the pension program would automatically extend it to
twelve months. After much discussion, the City Commission recommended to
keep current status of allowing employees to join the pension after six months. As
a result, staff was directed to introduce the revision of the proposed attached
ordinance for consideration.
Cost: N/A
Funding Source: N/A
Backup Documentation: Proposed Ordinance
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3 ORDINANCE NO.:
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5 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
6 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PENSION
7 ORDINANCE; AMENDING CHAPTER 16, ARTICLE (II), SECTION
8 16 -13 (B); PROVIDING FOR SEVERABILITY, ORDINANCES IN
9 CONFLICT AND AN EFFECTIVE DATE.
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12 WHEREAS; Chapter 16, Article (II), section 16 -13(B) will be amended
13 reflecting pension eligibility for new employees in the general pension plan; and
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15 WHEREAS; the City Commission agreed to allow new employees that are hired
16 to be eligible to participate in the general pension plan after six (6) months of
17 employment instead of waiting completion of probationary period.
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19 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
20 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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22 Section 1: Sec. 16 -13. Eligibility:
23 (a) Each employee employed by the employer on October 1, 1965, shall be a participant
24 on the first participation date on which he has completed two (2) years of credited service
25 and has attained his twenty -fifth birthday.
26 (b) Each employee who becomes an employee subsequent to October 1, 1973, shall be a
27 participant on the first participation date on which he /she has completed six (6) months of
28 credited service and has obtained his/her twentieth birthday. For all current employees as
29 of October 1, 1995, each fiscal year there will be a window for joining the retirement
30 system; i.e. October 1 through October 31. It shall become mandatory for all employees
31 hired on or after October 1, 1995, to join the pension plan after completion of the six 6
32 months of employment with the City. reed.
33 (c) Each employee classified as policemen shall become eligible to participate in the
34 plan from his/her date of employment provided he /she began participation in the plan
35 when first eligible as provided in subsections (a) and (b) of this section.
36 (d) An employee who has received a cash payment under Option 1 of section 16 -17(b)
37 may elect to participate in the plan upon meeting the following requirements:
38 (1) Election to participate must be made within thirty (30) days of receipt of
39 notice of eligibility to participate.
40 (2) Such employee had received a cash payment under Option 1 of section 16-
41 17(b).
42 (3) Such employee pays to the employer an amount equal to the amount of cash
43 payment he received under Option 1 of section 16- 17(b), plus credited interest
44 compo-ended- annuall -y -at the -r- ate- ofthree -(3) per-centper -annum from the -date on
45 which such cash payment was made to the date of such repayment. Participation
46 under this section will be effective as of September 1, 1977. In determining an
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employee's credited service at any future date, there shall not be included any
service during which the employee did not participate under this plan.
(e) Notwithstanding the above subsections, any participant classified as a police officer
who elects to retire after January 31, 2005, and before June 1, 2005, shall be eligible for a
retirement incentive, which shall be equal to normal retirement provided:
(1) The police officer participant has attained an age that when added to credited
service equals or is greater than seventy (70); and
(2) The full actuarial cost of such retirement incentive shall be paid by the police
officer participant, no later than June 31, 2005.
Section 2: If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 3: All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are repealed.
Section 4: This ordinance shall be codified and included in the Code of Ordinances.
Section 5: This ordinance shall take effect immediately upon enactment.
PASSED AND ADOPTED this day of , 2008.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
Luis R. Figueredo,
Nagin Gallop Figueredo, P.A
Office of the City Attorney
MAYOR
First Reading —
Second Reading-
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckman:
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.COURTESY .NOTICE
CITY. OF SOUTH- MIAMI,TLORIDA
On Tuesday, Mat-" 2008, beginnirig at Z:30 p.m., iri the City Commission Chambers; 6130 Sunset Drive, the;City Commission
will hold Public Hearings to consider the following items:
AN ORDINANCE RELATING TO:A REQUEST TO-AMEND THE OFFICIAL ZONING' MAP OF THE CITY OF SOUTH MIAMI 'LAND
DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 5730 SW 49th STREET AS AN
HISTORIC SITE AND BY PLACEMENT, OF AN HISTORIC PRESERVATION OVERLAY. ZONE (HP-OW 'OVER THE EXISTING ZONING
f USE DISTRICT FDA THIS PROPERTY
(AN ORDINANCE RELATING TO PENSION ORDINANCE; AMENDING CHAPTER 16, ARTICLE (II), SECTION 16 13 (B)-
AN'ORDINANCE AMENDING AE SOUTH MIAMI LAND DEVELOPMENT CODEESECTION 20-5.11 (L) ENTITLED. 'EXPIRATION- IN ORDER
TO EXTEND THE-TIME PERIOD AFTER WHICH THE -FINAL APPROVAL OF THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD
SHALL LAPSE AFTER SIX (6).MONTHS IF NO PERMIT HAS.BEEN APPLIED FOR.
AN ORDINANCE AMENDING THE SOUTH MIAMI LAND DEVELOPMENT CODE SECTION 20= 3.3(D) ENTITLED "PERMITTED USE
SCHEDULE "AND SECTION 20 -7.12 ENTITLED "PERMITTED USES" IN ORDER TO ALLOW ACUPUNCTURIST AS A PERMITTED USE IN"
THE "SR(HD_OV) ", SPECIALITY - RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT.
AN ORDINANCE AMENDING SOUTH MIAMI LAND DEVELOPMENT CODE - SECTION 20 5.9 ENTITLED "VARIANCE APPROVALS" IN
ORDER TO MODIFY THE CONDITIONS AND TIME PERIOD AFTER WHICH AN APPROVED VARIANCE SHALL LAPSE. '
A RESOLUTION RELATING TO A REQUEST PURSUANT TO. SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR
SPECIAL USE APPROVAL TO LOCATE A GENERAL- RESTAURANT AS PART OF THE SOUTH MIAMI MUNICIPAL PARKING FACILITY A
PRIVATE- PUBLIC DEVELOPMENT LOCATED AT 5829 SW 73rd STREET WITHIN THE "SR (HD -OV) "SPECIALTY RETAIL (HOMETOWN
DISTRICT OVERLAY) ZONING DISTRICT ON PROPERTY LEGALLY DESCRIBED AS LOTS 35, 36, 37, 48, 49, 50, -W. A: LARKINS
SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORD&OF MIAMI -
DADE COUNTY
A RESOLUTION RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT CODE IN ORDER . .
TO ALLOW A LOT COVERAGE-OF 31% (1580 SQUARE FEET) WHERE A MAXIMUM -OF 300?. (1530 SQUARE FEET) IS PERMITTED ALL
ON P,ROPERTYY LOCATED AT 6321 SW 43 STREET-WITHIN AN RS -4, SINGLE FAMILY RESIDENTIAL ZONING. USE DISTRICT.,
tf you have any inquiries on the above items please contact the City Clerk's office at: 305 - 663 -6326.
'ALL interested parties are incited to attend and will be heard.
Maria M. Menendez, WC
City Clerk
Pursuant to Rodda Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with
respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure -
that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. .