O77-01ORDINANCE NO. 77-1
AN Ot{DINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA; AMENDING ARTICLE VI, SEC. 21-93 AND
ADDING NEW SECTIONS 21-94AND 21-95 OF CHAPTER
21 (PENSIONS) OF THE CODIFIED ORDINANCES OF SAID
CITY TO PROVIDER FIREMEN'S RETIREMENT FUND
BENEFITS IN .THE EVENT OF SERVICE AND NON-
SERVICE LNCURRED DISABILITY lin ADDITION TO THOSE
BENEFITS CURRENTLY PROVIDED UNDER FLORIDA
STATUTE CtLit:}TER 175~ PROVIDING TIIAT RETII~EMENT
AND ACCRUED BENEFITS BE: BASED ON THE AVERA~GE
OF ~ARNINGS Di~RING TIiE ~tVE ~IIGHEST CONSECUTIVE
YEARS; DEFINING AVEIL~G.E F/NAL cOMPEN~ATIOt~i AND
PROVIDING FURTHE'R FOR' AuTHORItY TO CODIFY,
SAVINGS CL~U~E, RE~AL~G PROVISION, AN EFFECTIVE
DATE AlgD ~(DR' OTHEmR:PI~RPOSES.
WI-IEREAS, pursuant to thee reconunendation of the Ad Hoc Pension
Committee of the City of BGynton Beach, Florida, actuarial evaluations have
been perfcrmed in order to determine the cost of improved benefits under
the City's Firemen's Retirement Fund; and
WHEREAS, the City Council of the City of Boyuton Beach, Florida,
desires to improve certain benefits under said Fund:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF BOYNTON BEACH, FLORIDA:
Section h Thai Sec. 21-93 of Article VI of Chapter 21 (Pensions) of
the Codified Ordinances of the City of Boynion Beach, Florida, is hereby
amended in its entirety To read as follows:
"Sec. 21-93. DISABILITY RETIREMENT BENEFITS.
(a) Service Incurred
Any Member who receives a medically substantiated service ..
connected injury, disease or disability, which injury, disease
or disability totally and permanently disables him to the extent
that, in the opinion of the Board of Trustees, he is wholly
prevented from rendering useful and efficient service as a
fireman, shall receive a monthly benefit equal to sixty-six
and two-thirds percent (66 2/3%) of his basic rate of earnings
in effect on date of disability. Such benefit shall be payable
on the first day of each month, commencing on the first day
of the month following the latter to occur of the date on which
the disability has existed for three (3) months and the date the
Board of Trustees approved the payment of such retirement
income.
In the event of recovery prior to the other~vise normal retirement
date, credit for service during the period of disability shall be
granted for purposes of subsequent retirement benefits. The
amounl of the disability benefit payable from the Fund shall be
reduced by any amounts paid or payable as disability benefits
from Workmen's Compensation and the Federal Social Security
system. The reduction for Social Security benefits shall be
in the amount of the Primary Insurance Amount (PLA) only,
and future increases, if any, in the disabled Member's
So cial Security disability benefit shall not serve to reduce
any further the disability benefit from the Fund. The reduc-
tion for Social SeCUrity shall terminate upon the attainment
of age 65.
(b) Non-Service Incurred
Any IVIember with ten (10)years of continuous service who
receives a non-service incurred injury, illness,, disease or
disability, and ~hich~illness, injury, d~sease or disab~ly
totally and permanently disables him to the mx-tent that, in
the opinion of the Board of Trustees, he is wholly prevented
from rendering USefUl and efficient service as a fireman, shall
receive from the Fund in equal monthly installments an amount
equal t0 2 I/2% of his average final compensation for ~each year
of coritinuons service until death or-recovery from disability,
whichever shall first occur; provided, however, the maximum
benefit to which a Member may become entitled under ibis
paragrapt% shall not exceed fifty percent (50%) of his average
final compensation during sskid period. Much benefit shall be
payable on the first day of each month, commencing, on the first
day of the month following the latter to occur of theodore on
which' the~disability has existed for three (3)~ months add the date
the Board~ of TrUstees approved ihe payme~it Of such, retirement
income.
(c) IViedical Board
Whenever it becomes necessary for the Board to avail itself of
the services of physicians in the case of an application for
disability retireraent~ the I~oard shall designate a Medical
Board to be composed of three (3) physicians. The ]VIedical
Board shall arrange for and pass upon the medical examina-
tions required under the provisions of this ordinance, shall
investigate all essential statements or certificates made by
or on behalf of a Member in connection with an application for
disability retirement and shall r~port in writing to the Board
its conclusions and recommendations upon all matters referred
to it. The payment for such services shall be determined by
the Board.
(d) Return to Active Duty from Disability Retirement
In the event a Member who has been retired on a pension on
account of permanent and total indapacity regains his health and
is found by the Medical Board designated by the Board to be in
such physical and mental condition as to meet the requirements
of the personnel department for service as a Fireman ~f the City,
the Board shall order his pension- discontinued, and he shall be
ordered to resume active duty in the City at the same rate of
compensation currently in effect for his pay grade. The Board
shall review periodically, in its discretion, the condition of any
Member receiving a pension for disability and ~if there is sub-
stantial evidence that the retired Member is capable of performing
service acceptable to the City as a Fireman, he shall be ordered
to resurne active duty and his pension .shall be discontinued.
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(e) Disability Exclusions
No Member shall be granted a disability pension upon a showing
to the satisfaction of the Board:
(9
lhat the disability resulied from an intentionally self-
inflicted wound, injury, or ailment, or
(ii) that the disability resulted from the use of narcotics,
drugs or alcoholic beverages, or
(iii)
that the disability resulted from a~lVIember's participa[ion
or involvement in riots, insurrection or unlawful assembly,
or
(iv)
that the disability resulted from a Member's participation
or involvement in khe commission of a crime or unlawful
act, or
that the disability resulted from injury or disease sustained
by the Fireman while serving in any armed forces.
(f) Further ]Disability Provisions
Each Member applying for a service incurred disability ben, fit
from this Fund shall be required to apply for disability benefits
under Social Security, and, if applicable, Workmen's Compensa-
tion. Furthermore, each person granted a service incurred
disability benefit shall be required to submit to the Board, no
later than March 1 of each year, a statement showing the monthly
amount of Social Security (PtA only) and Workmen's Compensa-
[ion benefits received by him as of March 1. Willful refusal by
such persons lo comply with these requirements shall be grounds
for the termination of or non-approval of disability benefits from
this Sysiem. However, the Board shall exercise its discretion
in each case.
Section 2: That new Sec. 21-94 of Article VI of Chapter 21 (Pensions)
of the Codified Ordinances of the City of Boynton Beach, Florida, is hereby
created to read as follows:
"Sec. 21-94. AVE1RAGE FINAL COMPEI~SATION. Average Final
Compensation shall mean the average cash compensation exclusive
of bonuses and incentive pay received by a Fireman during the five
(5) consecutive years of service with~he Citywhich produces the
highest average."
Section 3: That new Sec, 21-95 of Article VI of Chapter 21 (Pensions)
of the Codified Ordinances of the City of Boynton Beach, Florida, is hereby
created to read as follows:
"Sec. 21-95. APPLICATION.
All other provisions of Chapter 175, Florida Statules, 1971, shall
meet all the requirements and be fully applicable, except for the
provisions of this article, to the City of Boynton Beach Municipal
Firemen's Pension Trust Fund. The increased pension benefits
in the same percentage of increase as provided for by this article
shall apply to all firemen now receiving retirement benefits and
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ali firemen eligible for retirement benefits but not now retired,
under the provisions of the City of Boynton Beach Municipal
Firernen's Pension Trust Fund. Chapter 175, Florida Statutes,
1971."
Section 4: Authority to Codif~y: Specific authority is hereby granted
to codify and incorporate this Ordinance zu the City s ex~stzug Code.
Section 5: Separability: Each of the provisions of this Ordinance
is separable, including word, clause, phrase or sentence, and if any portion
thereof shall be declared invalid, the remaining portion shall not be affected
but shall remain in full force and effect.
Section 6: ' P ' ' ·
Hel~ealnag rovlslon. All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 7: An Effective Date: This Ordinance shall become effective
in the manner and at the time provided by law.
First reading this ~ ~day of ~y~
Second, final reading and passage this day of
A.D., 1977.
· A.D. 1977.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
City Clerk
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