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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: 7