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O00-50 ORDINANCE NO. O 00 -,~'~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 18-167 OF THE CITY CODE, PROVIDING FOR DISABILITY RE-I-iREMENT BENEFITS; AMENDING SECTION 18-168 OF THE CITY CODE PROVIDING AVERAGE FINAL COMPENSATION DEFINED; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, by Ordinance O 00-18, dated June 6, 2000, the City of Boynton 3each adopted certain State mandates regarding requirements for police pension funds under Chapter 185, Florida Statues; and WHEREAS, the State has requested further clarification/amendment of Sections 18-167 and 18-168; NOW, THEREFORE~ BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH~ FLORIDA~ THAT: Section 1. That Chapter 18, Section 18-167 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: 18.167. Disability retirement benefits. (a) Service incurred. Any member who receives... 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 earnings on the date of disability. However, in all cases the benefit will be at least 42% of average final compensation, or the accrued benefit, which ever is reater. Section 2. That Chapter 18, Section 18-168 is hereby amended by adding words and figures in underlined type, and by deleting the words and figures in gh type, as follows: 18-168. Average final compensation defined. Average final compensation shall mean the average, remuneration cash by a police officer the best five (5) years of service with the city within the last ten. Section 3. Each and every other Section of Chapter 18, not herein amended, shall remain in full force and effect. Section 4. All ordinances or parts of ordinances in conflict herewith be and same are hereby repealed. Section 5. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent urisdiction to be invalid, such decision shall not affect the remainder of this )rdinance. Section 6. Section 7. FZRST READ:lNG this Authority is hereby granted to codify said ordinance. The effective date of this Ordinance is December 31, 1999. /~. day of September, 2000. SECOND, FINAL READING AND PASSAGE this /? day of September, !000. ~,'I-FEST: Vice Mayor Commissioner Commissioner CiL-~Clerk -- amd state mandates 090500