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
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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
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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'