O99-14 ORDINANCE NO. 099-/~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
CHAPTER 18, ARTICLE II, DIVISION I.
SECTION 18.55 DEFINITIONS, BY AMENDING
DEFINITION OF ~ TOTAL AND PERMANENT
DISABILITY" ; AMENDING DIVISION 4.
RETIREMENT AND RETIREMENT BENEFITS, BY
CREATING A NEW SECTION 18-126. ENTITLED
~ DISABILITY RETIREMENT BENEFITS" ;
PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton, upon
recommendation of staff, deems it to be in the best interests
of the general employees of the City of Boynton Beach to
clarify terminology in the Plan by amending Chapter 18.
Pensions and Retirements, Article II, Division 1. By amending
the definition of Total and Permanent Disability; by creating
a new Section No. 1~8-t26, entitled ~ Disability Retirement
Benefits" ; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY CO~ISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. That Chapter 18, Division 1. Retirement and
Retirement Benefits, Article II, Section 18-55 ms hereby
amended as follows:
18.55 Definitions.
The following words and phrases...
Total and permanent disability. Includes any disablement
caused by sickness or accident which prevents the member from
working at any job for wage or profit and which will continue
for the remainder of the member's life ~m~ ~~~ ~
...... · e determ nat on o
whether or not a member is totally and permanently disabled
shall be made by the City's Long Term Disability Company.
Section 2. That Chapter 18, Division 4. Retirement
and Retirement Benefits, is hereby amended by creating a new
Section No. 18-126, entitled "Disability Retiremenn Benefits"
as follows:
Sec. 18-126. Disability Retirement Benefits.
(a) Any member with less th~n 10 years of service whn
receives a medically substantiated injury, disease or
disability, which injury, disease or disability totally ~d
permanently disabled him/her to the extent ~hat, in th~
opinion of the Long Term Disability Company, he/she is unabla
to perform all the material duties of his/her occupation, and
in the event of recovery prior to the otherwise normal
retirement date, and return to full-t~me ~m~loyment with the
City of Boynton Beach, credit for service during the period of
disability shall be granted for purposes of subsequent
retirement benefits.
(b) For purposes of th~s Plan, if the e~?loyee is found
to be totally and permanently disabled by the City's Long Te~m
Disability Company, the e~?loyee will be dee~ed to be totally
and permanently disabled under the Plan. If the ~ploye~.
disagrees with the Long Term Disability Company's'
determination, an appeal must be made to the Pension Board in
a timely manner. The Board shall conduct a preli~ar~
-%
determination as to whether the m~her is permanently
totally disabled based upon the writtmn doc,,mentatio~
presented. If the Board does not grant the application based
on the written documentation, it shall inform the m~her
writing of the reasons for the denial of the application. The
member may, within thirty (30) days of receipt of the Board'm
preliminary denial, request a full evidentiary hearing before
the Board. Said hearing will be conducted consistent with the
principles of due. process and the rules of evidence generally
applicable to administrative proceedings shall apply. The
Board shall have the power to issue subpoenas compelling the
attendance of witnesses. At said hearing the applicant
present such oral and written evidence as ~he applicant deemz
necessary to establish its burden of proof. The Board
appoint special counsel as an advocate to cross-ex~m~n~
witnesses and to offer arg,~ent in opposition to th~
application. The attorney for the Board shall not serve both
as advocate and as advisor to the Board i~ the s~mn
proceeding. The applicant and the Board shall have the right
to examine and cross-ex~mine all witnesses. The decision of
the Board shall be based solely upon the evidence presented
and the law applicable to t~s Pi~. Following the conclusion
of the hearing, the Board shall render ~n opinion in writing.
setting forth the reasons for the grant or denial of the
benefit. In the event the disability is denied, the applicant
shall have the right of judicial review by complaint for
common law certiorari, in the Circuit Court of Palm Beach
County. The Board may prescribe rules of procedure to
implement the provisions of this Plan relating to the conduct
of disability hearings.
(c) Disability exclusions. No m~mher sh~ll be granted ~
disability pension upon a showing to the satisfaction of thn
board:
1. That the disability resulted from ~
intentionally self-inflicted wound, injury or ailment, or
2. That the disability resulted fro~_ the use of
narcotics, drugs or alcoholic beverages, Or
3. That the disability resulted from a me.her's
participation or involvement in riot, insurrection or unlawful
assembly, or
4. That the disability resulted from a m~mher'm
participation or involvement in the commission of a crime or
unlawful act, or
5. That the disability resulted from injury or
disease sustained by the member while serving in any armed
forces.
Section 2. Each and every other Section of Chapter
18, not herein specifically amended, shall remain an full
force and effect.
Section 3. All ordinances or parts of ordinances in
conflicE herewith be and the same are hereby repealed.
Section 4. 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.
4
Section 5.
ordinance.
Authority is hereby granted to codify said
Section 6. This ordinance
immediately upon passage.
shall become effective
FIRST READING this
SECOND,
ATTEST:
~Ci~y Clerk
day of May, 1999.
FINAL READING AND PASSAGE this
, 1999.
/ day of
Commi s s i one r 'x
~om~C°mmi s s ionerner__~. '~