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HomeMy Public PortalAbout2003-05 Amending Chapter 23 Retirement re MembershipORDINANCE NO. 2003-5 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING CHAPTER 23 "RETIREMENT" OF THE VILLAGE CODE BY AMENDING SECTION 23-32 "MEMBERSHIP," TO PROVIDE FOR AN IRREVOCABLE OPTION FOR ANY POLICE OFFICER OR FIREFIGHTER IN FULL-TIME EMPLOYMENT WITH THE VILLAGE AT THE TIME OF THE EFFECTIVE DATE OF THIS ORDINANCE, WHO FAILED TO ELECT TO BECOME A MEMBER OF THE VILLAGE'S POLICE OFFICERS AND FIREFIGHTERS RETIREMENT PLAN, AS REQUIRED BY SECTION 23-32 OF THE VILLAGE CODE, TO ELECT TO BECOME A MEMBER OF THE RETIREMENT PLAN, WITHIN SIXTY (60) DAYS OF THE EFFECTIVE DATE OF THIS ORDINANCE, AND SUCH MEMBERSHIP SHALL BECOME EFFECTIVE ONLY UPON SUCH ELECTION, COMPLETION OF THE FORM PRESCRIBED BY THE BOARD PURSUANT TO SECTION 23- 32 (b) AND THE COMPLETION OF A PENSION BOARD PHYSICAL EXAMINATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council desires to provide for a one time irrevocable option for any police officer or firefighter in full-time employment with the Village at the time of the effective date of this ordinance, who failed to elect to become a member of the Village's Police Officers and Firefighters Retirement Plan (the "Plan") as required by section 23-32 of the Village Code, to elect to become a member of the Plan; and WHEREAS, such election must be exercised within sixty (60) days of the effective date of this ordinance, and such membership shall become effective only upon such election, completion of the form prescribed by the Board pursuant to section 23-32 (b) and the completion of a pension board physical examination. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recital Adopted. That the recital stated above is hereby adopted and confirmed. Section 2. Village Code Amended. That Chapter 23 "Retirement" of the Village Code is hereby amended by amending Section 23-32 "Membership" to read as follows:' Section 23-32. Membership. (a) Conditions of eligibility. (1) Each Police Officer and Firefighter in full-time employment with the Village on October 1, 1997 shall have the option of making an irrevocable election to become a Member of the System. Each such person who elects not to become a Member shall forever be barred from becoming a Member. Provided, however, any police officer or firefighter in full-time employment with the Village at the time of the effective date of this ordinance, who failed to elect to become a Member of the Plan, in accordance with this section, shall have a one time irrevocable option to elect to become a Member. Such option must be exercised within sixty (60) days of the effective date of this ordinance. Such membership shall become effective only upon such election, completion of the form prescribed by the Board pursuant to paragraph (b) of this section and the completion of a pension board physical examination. In such event, no credit shall be granted for any service prior to the effective date of such election. * * * Section 3. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, c lauses, a nd p hrases o f t his 0 rdinance b ut t hey s hall r emain i n e ffect, i t b eing t he legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Additions to existing text are indicated by underline. 103001 \ordinances\Amending Section 23-32 Membership Eligibility 2 Section 4. Inclusion in the Code. It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the Village of Key Biscayne; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. That this Ordinance shall be effective upon adoption on second reading. PASSED AND ADOPTED on first reading this 22nd day of April , 2003. PASSED AND ADOPTED on second reading this 13th day of May , 2003. C (ct&c.iti MAYOR ROBERT OLDAKOWSKI AT aiNda CON ITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC VILLAGE Af TO 103001 \ordinances\Amending Section 23-32 Membership Eligibility 3 VILLAS 10F KEY BISCAYNE OFFICE OF TI VILIJLOE CLERK POMO NOTICE MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE - ORDINANCES - 5/13/03 ORD. CONCERNING THE ACQUISITION OF FIRE TRUCKS, ETC. in the XXXX Court, was published in said newspaper in the issues of 05/01/2003 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, com .'- -'•n or refund for the purpose of securing s adve r publication in the said newspap Sworn to and subscribed before m this 01 day of MAY (SEAL) O.V. FERBEYRE pers , A.D. 2003 Ft ,�PRY pG5., CHERRYYL H MAARMMEF.R LII t� tO mpCOMMISSION NUMBER . ' CC931158 l�OF F1.0�`� MY COMMISSION EXPIRES APR. 24,2004 Notice is hereby given that the following ordinances will be considered on Second Reading by the Village Counct 0f the Village of fey Bayne at a meeting to be held on Tuesday, May 13, 2003 at 7:00 p.m., in the Council Chamber, located at 560 Crandon Boulevard, Key Biscayne, Florida: A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE 'VILLAAGE"), CONCERNING THE ACQUISITION OF FIRE TRUCKSFOR THE VILLAGE RRE RESCUE DEPARTMENT; AUTHORIZING AND PROVIDING FOR THE VILLAGE TO PURCHASE FIRE FIGHTING EQUIPMENT, TO -WIT: ONE (t) NEW PIERCE SKYBOOM AND ONE (1) NEyif PIERCE PL AUTHOR- WNG EXPENDITURE OF FUNDS; AUTHORIZING AND AP- PROVING MASTER LEASE AGREEMENT AND RELATED DOCUMENTS; PROVIDING FOR NOTICE OF O ANQE ADOPTION; PROVIDING FOR SEVERABILfl YrPROYtING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE VILLAGE OF KEY CAYNE, FLORIDA; AMENDING CHAPTER 23 "RETIREMENT" OF THE VILLAGE CORE BY .AM LING SE IN * 23-32 'MEMBERSHIP," TO PROVIDE FOR AN IRREVOCADLEOP- TION FOR ANY POUCE OFFICER OR FIREFIGHTER 1N FULL --TIME EMPLOYMENT THE- VILLAGE AT THE 'TIME OF THE EFFECTIV WITH'HIS ORDINANCE, WHO FAILED TO ELECT TO BECOME A MEMBER OF THE VIL- 'LAGE'S POLICE OFRODIS AND I PIGHTEiRS•NIIEITRE- MENT PLAN, AS REQUIRED BYSE+CTION4 H-Y1L.- LAGE CODE, TO ELECT TO BECOME A MEMBER OF THE RETIREMENT PLAN IVITHIN IIBLIY(011)7DAYSCP-XIMEF=. FECTIVE DATE OF THIS ORDINANCE, AND SUCH MEMBER- SHIP MALI <BttOttE ' ECTLVE -GNLY wow slim ELECTION! COMPLETION OF THE FORM PRIED BY THE BOARD "PURSUAiiitl`' TO SECTION 23-32' (1l ,AND THE COMPLETION OF A PENSION BOARD PHYSICAL EXAMI- NATION; PROVIDING Mk -S UTY;' PANG FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE" The proposed Ordinances may be inspected by the public at the Office 1 of the Village Clerk. Interested parties may appear at the Public Hearing and be heard with respect to the proposed Ordinances.Any person wish- I ing to address the Village Council on any item .at this Public Hearing is asked to register with the Village Clerk prior to that item being heard. It accordance with the Americans With Dieabliftles X1990, alt per- sons who are disabled and who need special accommodations to partici- pate in this proceeding because of disability should contact the Office of the Village Clerk, 88Ifest Md Street, Suite 220, Key Biscayne, , Florida 33149, teleptwne number ( 5506, not later than two busi- , ness days prior to such proceeding. Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meeting, that person ;shall insure that a verbatim ecord of the proceedings is made including alt, testimony and evidence 'upon which any appeal may be based (F.S. 286.0105). i Comments of any interested party relative to this matter may be submit-' ted in writing and or presented in person at the public hearing. Corte H. Alvarez, CMC Village Clerk 5/1 03-4-19/358179M'