O00-18ORDINANCE NO. O 00
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
SECTION 18-165 OF THE CITY OF BOYNTON BEACH
CODE OF ORDINANCES, PROVIDING FOR MONTHLY
RETIREMENT INCOME; AMENDING SECTION 18-167 OF
THE Cl-FY CODE, PROVIDING FOR DISABILITY
RETIREMENT BENEFITS; AMENDING SECTION 18-168
OF THE CITY CODE PROVIDING AVERAGE FINAL
COMPENSATION DEFINED; AMENDING SECTION 18-169
OF THE CITY CODE, PROVIDING FOR NORMAL
RETIREMENT DATE; AMENDING SECTION 18-170 OF
THE CITY CODE, PROVIDING FOR CONTRIBUTIONS;
ADDING A NEW SECTION 18-173 PROVIDING THAT
FALSE OR MISLEADING STATEMENTS MADE TO OBTAIN
RETIREMENT BENEFITS PROHIBITED; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE,
WHEREAS, the Florida Legislature has revised the requirements for police
pension funds receiving state monies under Chapter 185, Florida Statutes; and
WHEREAS, the City of Boynton Beach Police Pension Trust Fund receives
Chapter 185 monies and is governed by the recent amendments to Chapter 185.
NOW~ THEREFORE, BE I'T ORDATNED BY THE CITY COMMTSSI'ON OF
THE CITY OF BOYNTON BEACH, FLORTDA, THAT:
Section 1. That Chapter 18, Section 18-165 is hereby amended by adding the
words and figures in underlined type, and by deleting the words and figures in
struck-through type, as follows:
18.165. Monthly Retirement Income.
The amount of monthly retirement income payable to a police ,man
officer who retires on or after his normal retirement date shall be an amount equal
to the number of his years of credited service multiplied by three percent (3) of his
average final compensation.
,,,-, --~,-~ ~-,,,w,,~-,,~,,. The normal form of retirement income is a
~ear ceRain benefit.
Se~ion 2. That Chapter 18, Section 18-167 is hereby amended by adding
the words and figures in underlined ~pe, and by deleting the words and figures
struck-through ~pe, as follows:
~8.167. Disabili~ retirement benefits.
(a) Se~ice incurred. Any member who receives...Such benefit shall be
payable on the first day of each month, commencing on the first day of the month
following the la~er to occur of the date on which the disabili~ has existed for three
(3) months and the date the board of trustees approved the payment of such
retirement income. A disabili~ retiree may select from the optional forms of
benefits available to se~ice retirees in accordance with Se~ion 185.161. In the
event of recovery... The amount of disability benefit payment from the fund shall be
reduced by any amounts paid or payable as disability benefits from werkmcn's
workers' compensation and the federal social security system ..... The reduction for
social security shall terminate upon the attainment of age sixty-five (65). The
pension benefit may only be reduced to the extent that the total of the benefits from
this Fund, workers' compensation and social security benefits exceed 100% of the
disabled member's basic rate of eaming_s on the date of disability~.
Any condition or impairment of health of a member caused by tuberculosis,
hypertension, heart disease, hardening_ of the arteries, hepatitis, or menincjococcal
meninqitis resulting in total or .partial disability_ or death, shall be presumed to be
accidental and suffered in the line of duty unless the contrary be shown by
competent evidence. Any condition or impairment of health caused directly or
proximatel ex~ which exposure occurred in the active performance of duty
at some definite time or place without willful negligence on the part of the member,
resulting in total or partial disability, shall be presumed to be accidental and suffered
in the line of du~,_j~rovided that such member shall have successfully_passed a
p_b_ysical examination upon entedncj such service, which physical examination
including electrocardiogram failed to reveal any evidence of such condition.
order to be entitled to p_Lesumption in the case of hepatitis~ meningococcal
meningitis, or tuberculosis, the member must meet the requirements of Section
:[12.18:[, Florida Statutes. The final decision whether a member meets the
re__q_uirements for duty. disability_pension rests with the board and shall be based on
substantial competent evidence of the record as a whole.
(b) Nonservice incurred. Any member with ten (10) years of continuous
service who...under this paragraph shall not exceed fifty percent (50) of his average
final compensation during said period, but in all cases the benefit will be at least
25% of average final compensation during_Aaid period, Such benefit shall...
(g) Survivor's benefit. If any member with at least ten (10)years of
continuous service...It shall be payable in equal monthly installments commencing
the first day of the month following the date of death and ceasing upon the death or
remarriage of the spouse. If there is no spou. s.e, the benefit, if any, will be paid to
the deceased ap_a_~cipant's estate.
Section 3. That Chapter 18, Section 18-168 is hereby amended by adding
the words and figures in underlined type, and by deleting the words and figures in
struck-through type, as follows:
18-168. Average final compensation defined.
Average final compensation shall mean the average cash compensation
exclusive of bonuses and incentive pay received by a police officer during the best
avergge within the last ten.
Section 4. That Chapter 18, Section 18-169 is hereby amended by adding
the words and figures in underlined type, and by deleting the words and figures in
II
struck-through type, as follows:
18.169. Normal retirement date.
The normal retirement date of each police officer will be the first day of the
month coinciding with, or next following, the date on which he or she has attained
and completed twenty (20) years of service~ T~ no age re, quircme, nt f~
- '~, - . Or the first da,v_ of the month coinciding with, or next following,
the date on which the police officer has attained aqle fifty-five (55) and completed
ten_ (:10) years of service.
Section 5. That Chapter :18, Section 18-t70 is hereby amended by adding
the words and figures in underlined type, and by deleting the words and figures in
struck-through type, as follows:
:18.170 Contributions.
The contribution rate for police officers shall be ...All such pickup amounts
shall be considered as employee contributions for the purposes of this plan. All
amounts so picked up shall be promptly-immediately_ deposited into the Boynton
Beach Police Pension Fund.
Section 6. That Chapter 18, Section 18-~-73-175 is hereby created by
adding the words and figures in underlined type, as follows:
Sec. 18-175. False or misleading statements made to obtain retirement
benefits prohibited.
(_1) It is unlawful for a person to willfully and knowingly make, or cause to
be made, or to assist, conspire with, or urge another to make, or cause to be made,
~e, fraudulent~ or misleading oral or written statement or withhold or conceal
material information to obtain any benefit under this plan.
~ a. A person who violates subparagraph (:L) commits a
misdemeanor of the first degree_~e_~punishable as provided in subsections 775.082 or
775.083.
b. ]:n addition to any applicable criminal penalty, upon conviction
for a violation described in sub apapapapapapAEagraph :L., a__p_a_rticipant or beneficiary of this jplan
may, in the discretion of the board of trustees, be required to forfeit the right to.
receive any or all benefits to which the person would otherwise be entitled under
~lan. For purposes of this
determination of guilt that is the result of a
adjudication is withheld.
Section 7. Each and every other
sub-subparag~ph: "conviction" means a
plea or trial, regardless of whether
Section of Chapter 18, not herein
specifically amended, shall remain in full force and effect.
Section 8. All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
Section 9. Should any section or provision of this ordinance or portion
hereof, any paragraph, sentence or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the remainder of this
ordinance.
Section 10. Authority is hereby granted to codify said ordinance.
Section 11. The effective date of this Ordinance is December 31, 1999.
FIRST READING this /6 day of May, 2000.
SECOND, FINAL READXNG AND PASSAGE this ~ day of.lune, 2000.
CITY ~ BOYNT~)N BEACH, FLORIDA
~ayor
Vice ~ayor
~ayor Pro Tern
Co~ioner
~,TTEST:
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