O-394-76 ORDINANCE NO. 394
AN ORDINANCE AMENDING SECTIONS 19, 30, 31, 33 ,
34, AND 35 , OF CHAPTER 17, ARTICLE II, of MIAMI
SHORES VILLAGE CODE OF ORDINANCES, PERTAINING TO
PENSION PLAN, Definitions , Creditable service,
Service retirement allowance, Death benefit, Re-
fund of contribution, AND Contributions by members .
BE IT ORDAINED BY MIAMI SHORES VILLAGE:
Section 1.
Section 17-19, of Article II, of the Code of
ordinances of Miami Shores village provides in part as follows:
Sec. 17-19. Definitions.
The following words and phrases as used in
this plan, unless a different meaning is plainly
required by the context, have the following mean-
ings :
ACCUMULATED CONTRIBUTION: The sum of amounts
contributed by a member of the plan and credited to
his individual account.
AVERAGE FINAL COMPENSATION: "Average final
compensation" means the average highest annual com-
pensation of a member for any sixty (60) consecutive
calendar months within the last one hundred twenty
(120) calendar months of creditable service immedi-
ately preceding the date of retirement.
Section 2 .
Section 17-19, of Article II, of the Code of
Ordinances of Miami Shores Village shall be, and the same is ,
hereby amended so as to change the definitions of ACCUMULATED CONTRI-
BUTIONS and AVERAGE FINAL COMPENSATION so that said definitions
shall stand as follows:
Sec. 17-19. Definitions.
The following words and phrases as used in
this plan, unless a different meaning is plainly
required by the context, have the following mean-
ings :
ACCUMULATED CONTRIBUTIONS : "Accumulated
contributions" means the sum of the amounts con-
tributed by a member of the plan and credited to
his individual account, plus interest on such amounts
credited to his individual account as of the previous
January I in the amount of 3% per annum, compounded
annually each January 1, for each year starting as
of January 1, 1976.
AVERAGE FINAL COMPENSATION: "Average final
compensation" means the average highest annual com-
pensation of a member for any sixty (60) consecutive
calendar months while a member is contributing within
the last one hundred twenty (120) calendar months
while a member is contributing, immediately preceding
actual termination of service.
Section 3.
Subsection 17-30(a) of Article II of the Code of
ordinances of Miami Shores village reads as follows:
Sec. 17-30. Creditable service.
(a) After January 1, 1967, all service of a
member, since he last became a member with respect
to which contributions are made, shall count as
membership service, except that, if any employee
shall remain in the service of the village for ten
(10) years or more, his creditable service shall be
computed from his date of employment.
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Section 4.
Subsection 17-30(a) of Article II of the Code of
ordinances of Miami Shores Village shall be, and the same is,
hereby amended to read as follows:
Sec. 17-30. Creditable service .
(a) After January 1, 1967, all service of a
member, since he last became a member with respect
to which contributions are made shall count as mem-
bership service, except that, if any employee shall
remain in the service of the Village for ten (10)
years of more, his creditable service shall be com-
puted from his date of employment. Nothing in this
paragraph, however, will allow an employee to receive
more than thirty (30) years of membership service
and/or creditable service.
Section 5 .
Subsections 17-31(a) , (b) , (e) of Article II of the
Code of Ordinances of Miami Shores Village provide as follows:
Sec. 17-31. Service retirement allowance.
(a) Any police officer and fireman upon with-
drawal from service upon or after the attainment of
the age of fifty-eight (58) years and any general
employee upon withdrawal from service upon or after
the attainment of the age of sixty-two (62) years ,
shall become entitled to receive a service retirement
ainnuity in an amount provided under subsection (c)
hereunder.
(b) Any member who shall have completed at
least fifteen (15) years of creditable service may
withdraw from service at the age of fifty-five (55)
or over and shall thereupon become entitled to re-
ceive a service retirement annuity equal to the
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actuarial value of his annuity at age fifty-eight
(58) if he is a police officer or a fireman, or at
age sixty-two (62) if he is a general employee, or
at his option, such member shall become entitled to
the service retirement annuity, the payment of which,
however, is to be deferred until his attainment of age
fifty-eight (58) if he is a police officer or a fire-
man, or age sixty-two (62) if he is a general employee.
(e) Any employee who is permitted to remain in
the service of the village after his normal retire-
ment date at age fifty-eight (58) for a police officer
or a fireman, and sixty-two (62) for a general em-
ployee, may remain in service for periods of one
year each. No contributions are to be made by such
employee and no further annuity credits shall accrue
to him and his annuity shall be fixed as of age fifty-
eight (58) for a police officer and a fireman, and
sixty-two (62) for a general employee, except where
a police officer or fireman has to his credit less
than thirty (30) years of creditable service at age
fifty-eight (58) years and a general employee has to
his credit less than thirty (30) years of creditable
service at age sixty-two (62) years. In such event
the extended service shall be credited for annuity
purposes and contributions shall continue to be made
by the member until creditable service of thirty (30)
years is attained.
Section 6.
Subsections 17-31(a) , (b) , (e) of Article II of the
Code of ordinances of Miami shores Village shall be, and the same
are, hereby amended to read as follows:
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Sec. 17-31. Service retirement allowance.
(a) Any police officer and fireman, upon
withdrawal from service, upon or after the attainment
of the age of 58, and any general employee, upon with-
drawal from service, upon or after the attainment
of age 62 shall become entitled to receive a service
retirement annuity in an amount provided under
subsection (c) hereunder. In the event that an
employee of the Village has been classified as a
police officer or fireman for part of his employment
with the Village and a general employee for another
part of his employment with the Village, his age for
entitlement to receive a service retirement annuity
will be adjusted upon his date of change in classifi-
cation in the following manner:
1. If the employee was classified immediately
prior to the current date of change as a police
officer or fireman and changes classification
to a general employee, his adjusted age of en-
titlement to receive a service retirement annuity
will be ( (1) + (2) + (3) ) -. (4) , where
(1) is fifty-eight (58) multiplied by years
and fractions of creditable service accrued
to date of current change of classification
while classified as a police officer or
fireman,
(2) is sixty-two (62) multiplied by years and
fractions of creditable service accrued to
date of current change of classification
while classified as a general employee,
(3) is sixty-two (62) multiplied by the number
of years and fractions from the date of
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change until the date the employee would
attain the age of sixty-two (62) , and
(4) is the number of years and fractions of
creditable service the employee has accrued
at his current date of change plus the num-
ber of years and fractions from the date of
current change until the date the employee
would attain the age of sixty-two (62) .
2 . If the employee was classified immediately prior
to the current date of change as a general em-
ployee and changes classification to a police
officer or fireman, his adjusted age of entitle-
ment to receive a service retirement annuity
will be ( (1) + (2) + (3) ) -r (4) , where
(1) is sixty-two (62) multiplied by years and
fractions of creditable service accrued to
date of current change of classification
while classified as a general employee.
(2) is fifty-eight (58) multiplied by years and
fractions of creditable service accrued to
date of current change of classification
while classified as a police officer or
fireman,
(3) is fifty-eight (58) multiplied by the number
of years and fractions from the date of
current change until the date the employee
would attain the age of fifty-eight (58) ,
and
(4) is the number of years and fractions of
creditable service the employee has accrued
at his current date of change plus the num-
ber of years and fractions from the date of
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current change until the date the employee
would attain the age of fifty-eight (58) .
(b) Any member who shall have completed at
least 15 years of creditable service may withdraw from
service at the age of fifty-five (55) or over and
shall thereupon become entitled to receive a service
retirement annuity which is actuarially reduced to
reflect receipt of his annuity prior to age 58 if
he is a police officer or fireman, prior to age 62
if he is a general employee, or prior to his adjusted
retirement age as defined in subsection 17-31 (a)
hereof, if he has been both a police officer or fire-
man and a general employee. However, at his option,
such member shall become entitled to the service
retirement annuity without actuarial reduction, the
payment of which, however, is to be deferred until
his attainment of age fifty-eight (58) if he is a
police officer or a fireman, age sixty-two (62) if
he is a general employee, or at his adjusted retire-
ment age as defined in subsection 17-31(a) hereof,
if he has been both a police officer or fireman and
a general employee.
(e) Any employee who has thirty (30) years of
membership service and who is permitted to remain in
the service of the Village after his normal retirement
date at age 58 for a police officer or a fireman,
age 62 for a general employee, or adjusted retirement
age (as defined in subsection 17-31 (a) hereof) for an
employee who has been both a police officer or fire-
man and a general employee, may remain in service
for periods of one year each. No contributions are
to be made by such employee and no further annuity
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credits shall accrue to him and his annuity shall be
fixed as of age 58 for a police officer and a fireman,
age 62 for a general employee, and an adjusted retire-
ment age as defined in subsection 17-31 (a) hereof,
for an employee who has been both a police officer
or a fireman and a general employee. A police officer
or fireman who has to his credit less than 30 years
of membership service at age 58 years, a general em-
ployee who has to his credit less than 30 years of
membership service at age 62 years , or an employee who
has been both a police officer or fireman and a general
employee who has to his credit less than 30 years of
membership service at his adjusted retirement age,
as defined in subsection 17-31(a) hereof, shall be
allowed to contribute to the plan until the comple-
tion of thirty (30) years of membership service and
have his service retirement annuity based upon his
total creditable service (but not more than thirty
(30) years) and average final compensation at his
termination of service.
Section 7.
Subsection 17-33 (a) of Article II of the Code of
Ordinances of Miami Shores Village provides as follows :
Sec. 17-33. Death benefit.
(a) Upon death of a member prior to retirement,
his executor or administrator, or such person as he
shall have nominated by written direction duly acknowl-
edged and filed with the board, shall receive a refund
of accumulated contributions with interest at three
per cent (3%) , compounded annually, to his date of
termination.
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Section 8.
Subsection 17-33 (a) of Article II of the Code of
Ordinances of Miami Shores Village shall be, and the same is,
hereby amended to read as follows:
Sec. 17-33. Death benefit.
(a) Upon the death of a member prior to his
termination of service, his executor or administrator,
or such person as he shall have nominated by written
direction duly acknowledged and filed with the Board,
shall receive a refund of the member ' s accumulated
contributions.
Section 9.
Subsection 17-34(a) of Article II of the Code of
Ordinances of Miami Shores Village provides as follows:
Sec. 17-34. Refund of contribution.
(a) Upon withdrawal from the service of the
village, a member shall receive a refund of his
accumulated contributions, provided, however, if the
refund of contributions is due to total and permanent
disability, as defined under the social security law,
such that the employee is eligible for federal social
security disability benefits and such eligibility
for federal social security benefits shall be satis-
factory evidence of the employee ' s total and per-
manent disability, the member will receive a refund
of accumulated contributions with interest at three
per cent (3%) , compounded annually, to his date of
termination.
Section 10.
Subsection 17-34 (a) of Article II of the Code of
Ordinances of Miami Shores Village shall be, and the same is , hereby
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amended to read as follows:
Sec. 17-34. Refund of contributions.
(a) upon withdrawal from the service of the
Village, including withdrawal caused by total and
permanent disability, as defined under the Social
Security Law of the United States , such that the em-
ployee is eligible for Federal Social Security dis-
ability benefits and such eligibility for Federal
Social Security disability benefits shall be satis-
factory evidence of the employee's total and perma-
nent disability, a former member shall receive a
refund of his accumulated contributions.
Section 11.
Section 17-35 , Article II, of the Code of Ordinances
of Miami Shores Village provides as follows :
Sec. 17-35 . Contributions by members.
Beginning on the date of establishment of the
plan, each village employee who is a member of the
plan shall contribute four per cent (4%) of earnable
compensation accruing on and after said date for
service retirement annuity. Said rate of contribu-
tion shall be increased to six per cent (6%) begin-
ning on April 7, 1959. Such contribution by any mem-
ber shall cease upon the completion of thirty (30)
years of membership service. This contribution shall
be made in the form of a deduction from compensation
and shall be made notwithstanding that the compensa-
tion paid in cash to such employee shall be reduced
thereby below the minimum prescribed by law. Every
employee who is a member of the plan shall be deemed
to consent and agree to deductions made from his
compensation and provided for in this plan, and shall
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receipt in full for salary or compensation, and pay-
ment to said employee of compensation less said deduc-
tion shall constitute a full and complete discharge
and acquittance of all claims and demands whatsoever
for the services rendered by such employee during
the period covered by such payment except as to the
benefits provided for under this plan.
Section 12 .
Section 17-35 , of Article II, of the Code of Ordinances
of Miami Shores Village shall be, and the same is, hereby amended
to read as follows:
Sec. 17-35 . Contributions by members.
Each Village employee who is a member of the
plan shall contribute 6% of earnable compensation.
Such contribution by any member shall cease upon the
normal retirement date of the member, or upon the
completion of thirty (30) years of membership service,
if later. This contribution shall be made in the
form of a deduction from compensation and shall be
made notwithstanding that the compensation paid in
cash to such employee shall be reduced thereby below
the minimum prescribed by law. Every employee who
is a member of the plan shall be deemed to consent
and agree to deductions made from his compensation
and provided for in this plan, and shall receipt in
full for salary or compensation, and payment to said
employee of compensation less said deduction shall
constitute a full and complete discharge and acquit-
tance of all claims and demands whatsoever for the
services rendered by such employee during the period
covered by such payment except as to the benefits
provided for under this plan.
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Section 13.
Section 17 of Article II of the Code of ordinances
of Miami Shores Village shall remain in full force and effect ex-
cept as amended by this ordinance.
Section 14.
This ordinance shall be effective January 1, 1976.
PASSED on first reading this 17 day of
August a, 1976.
PASSED AND ADOPTED on second reading this . 7th
day of September 1976.
Mayor
ATTEST: ZZ�
Village Clerr/
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