23-007 1 ORDINANCE NO. 23-007
2
3
4 AN ORDINANCE OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA AMENDING THE
6 EMPLOYEES' PENSION PLAN BY AMENDING ARTICLE
7 II, DIVISION V, BY AMENDING SECTION 18-126 OF THE
8 BOYNTON BEACH CODE OF ORDINANCES, ENTITLED
9 "DISABILITY RETIREMENT BENEFITS;" FURTHER
10 AMENDING SECTION 18-142, ENTITLED "SECRETARY
11 OF BOARD DESIGNATED;" PROVIDING FOR
12 CONFLICTS; PROVIDING FOR SEVERABILITY;
13 PROVIDING FOR CODIFICATION; AND PROVIDING FOR
14 AN EFFECTIVE DATE.
15
16 WHEREAS, the City of Boynton Beach ("City") provides defined benefit
17 retirement plans for its employees; and
18 WHEREAS, the City's Employees' Pension Plan ("Plan") provides a disability
19 benefit for members determined to be totally and permanently disabled; and
20 WHEREAS, the Plan presently only permits a determination of total and
21 permanent disability to be made by the City's Long Term Disability Company, and it is
22 desired that such determination alternatively be permitted to be made by the City's
23 workers' compensation carrier as may be applicable; and
24 WHEREAS,the City Clerk is designated to serve as the secretary to Plan; and
25 WHEREAS, the Employees' Pension Plan Board of Trustees ("Board") has
26 requested that the Plan be amended to authorize the Board to select and appoint a person
27 or company to serve as the secretary to the Board; and
28 WHEREAS, City Administration recommends amending Article II, Division V,
29 by amending Section 18-126 and Section 18-142 as more particularly set forth herein
30 below; and
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31 WHEREAS, the City Commission has determined that such amendments would
32 be in the best interests of the City and members of the Plan;
33 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
34 OF THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
35 Section 1. The foregoing "whereas" clauses are true and correct and are now
36 ratified and confirmed by the City Commission.
37 Section 2. Section 18-126 of Article II of Chapter 18 of the City of Boynton
38 Beach's Code of Ordinances is hereby amended as follows:
39 Sec. 18-126.Disability retirement benefits.
40 (a) Any member with less than 10 years of service who
41 receives a medically substantiated injury, disease or disability, which
42 injury, disease or disability totally and permanently disabled him/her to
43 the extent that, in the opinion of the Long Term Disability Company,
44 he/she is unable to perform all the material duties of his/her occupation,
45 and in the event of recovery prior to the otherwise normal retirement
46 date, and return to full-time employment with the City of Boynton
47 Beach, credit for service during the period of disability shall be granted
48 for purposes of subsequent retirement benefits.
49 (b) For purposes of this plan, if the employee is found to be
50 totally and permanently disabled by the city's Long Term Disability
51 Company or Workers' Compensation Carrier, as may be applicable,the
52 employee will be deemed to be totally and permanently disabled under
53 the Plan. If the employee disagrees with the Long Term Disability
54 Company's or Workers' Compensation Carrier's determination, an
55 appeal must be made to the Pension Board in a timely manner. The
56 Board shall conduct a preliminary determination as to whether the
57 member is permanently and totally disabled based upon the written
58 documentation presented. If the Board does not grant the application
59 based on the written documentation, it shall inform the member in
60 writing of the reasons for the denial of the application. The member
61 may, within 30 days of receipt of the Board's preliminary denial,
62 request a full evidentiary hearing before the Board. Said hearing will be
63 conducted consistent with the principles of due process and the rules of
64 evidence generally applicable to administrative proceedings shall
65 apply. The Board shall have the power to issue subpoenas compelling
66 the attendance of witnesses. At said hearing the applicant may present
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67 such oral and written evidence as the applicant deems necessary to
68 establish its burden of proof. The Board may appoint special counsel as
69 an advocate to cross-examine witnesses and to offer argument in
70 opposition to the application. The attorney for the Board shall not serve
71 both as advocate and as advisor to the Board in the same proceeding.
72 The applicant and the Board shall have the right to examine and cross-
73 examine all witnesses. The decision of the Board shall be based solely
74 upon the evidence presented and the law applicable to this plan.
75 Following the conclusion of the hearing, the Board shall render an
76 opinion in writing setting forth the reasons for the grant or denial of the
77 benefit. In the event the disability is denied,the applicant shall have the
78 right of judicial review by complaint for common law certiorari in the
79 Circuit Court of Palm Beach County. The Board may prescribe rules of
80 procedure to implement the provisions of this plan relating to the
81 conduct of disability hearings.
82 (c) Disability exclusions. No member shall be granted a
83 disability pension upon a showing to the satisfaction of the Board:
84 1. That the disability resulted from an intentionally
85 self-inflicted wound, injury or ailment,or
86 2. That the disability resulted from the use of narcotics,
87 drugs or alcoholic beverages, or
88 3. That the disability resulted from a member's
89 participation or involvement in riot, insurrection or unlawful
90 assembly,or
91 4. That the disability resulted from a member's
92 participation or involvement in the commission of a crime or
93 unlawful act,or
94 5. That the disability resulted from injury or disease
95 sustained by the member while serving in any armed forces.
96 This exclusion does not affect members who have become
97 disabled as a result of intervening military service under the
98 federal Heroes Earnings Assistance and Relief Tax Act of 2008
99 (H.R. 6081; P.L. 110-245).
100 Section 3. Section 18-142 of Article II of Chapter 18 of the City of Boynton
101 Beach's Code of Ordinances is hereby amended as follows:
102 Sec. 18-142. Secretary of board designated.
103 The city clerk or deputy clerk shall be secretary to the board
104 under this plan. This responsibility may be delegated by the City Clerk
105 to a person or company as may be selected by the pension board.
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106 Section 4. All Ordinances or parts of Ordinances, Resolutions, or parts of
107 Resolutions in conflict herewith be and the same are hereby repealed to the extent of such
108 conflict. If any clause, section, or other part or application of the Ordinance shall be held
109 by any court of competent jurisdiction to be unconstitutional or invalid, such
110 unconstitutional or invalid part or application shall be considered as eliminated and so not
111 effecting the validity of the remaining portions or applications remaining in full force and
112 effect.
113 Section 5. If any clause, section or other part of this Ordinance shall be held
114 by any court of competent jurisdiction to be unconstitutional or invalid, such
115 unconstitutional or invalid part shall be considered as eliminated and in no way affecting
116 the validity of the other provisions of this Ordinance.
117 Section 6. It is the intention of the City Commission of the City of Boynton
118 Beach that the provisions of this Ordinance shall become and be made a part of the Code
119 of Ordinances of the City of Boynton Beach, Florida. The Sections of this Ordinance may
120 be renumbered, relettered, and the word "Ordinance" may be changed to "Section",
121 "Article", or such other word or phrase in order to accomplish such intention.
122 Section 7. This Ordinance shall take effect when all of the following have
123 occurred:
124 a. the City Commission has received and has accepted a report establishing
125 the actuarial soundness of this amendment; and
126 b. the amendment has been sent to the State of Florida Division of
127 Retirement; and
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128 c. when a collective bargaining agreement ratifying the foregoing
129 amendment to the pension benefits has been ratified by the City
130 Commission and the Broward County Police Benevolent Association, or
131 its successor organization.
132 Upon satisfaction of all of these above requirements, then in that event, the terms
133 and provisions of this Ordinance shall become effective.
134
135 THE REMAINDER OF THIS PAGE HAS
136 BEEN INTENTIONALLY LEFT BLANK.
137
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138 FIRST READING this 9dayof , 2023.
139 SECOND, FINAL READING AND PASSAGE this 0 day of i1011:1 ,
140 2023.
141 CITY OF BOYNTON BEACH, FLORIDA
142 YES NO
143
144 Mayor—Ty Penserga
145
146 Vice Mayor—Angela Cruz
147 /
148 Commissioner— Woodrow L. Hay V
149 ✓
150 Commissioner—Thomas Turkin
151 ✓
152 Commissioner—Aimee Kelley
153
154 VOTE S-0
155
156 ATTE T:
157
158
159 /I/0,
160 Maylee ��: sus, MMC Ty P- _
161 City Cl:r Mayor
162
163 A' ,9 1 AS TO FO.lfM:
164 (Corporate Seal)
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165 B'1
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166 . 4-
90111 Michael D. Cirullo, Jr.
167 SI-;L + A
� L ';y t* City Attorney
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