O77-02ORDINANCE NO. 77-2
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING ARTICLE V, SEC. 21-87 AND
ADDING NEW SECTIONS 21-88 AND 21-89 OF CHAPTER
21 (PENSIONS) OF TI~E CODIFIED ORDINANCES OF SAID
CITY TO PROVIDE POLICE OFFICERS' RETIREMENT
FUND B]ENEFITS IN THE EVE~NT OF SERVIO~-i-1 AND NON-
SERVICE INCURRED D~ABILITY IN ADDITION TO ~OSE
BENEFITS CURRENTLY PROVIDED ~NDER FLORIDA
STATUTE CHAPTER 185; PROVinG T~AT RE,IRRUPT
AND ACCRUED BEN. EFtS BE BASED ON T~ AVENGE
OF EARN~GS DE'RING T~E F~E HIGHEST CONS~UT~E
Y~S; DEF~G AVENGE F~AL COMPENSATION; AND
pROVID~G FURTHER FOR AUTHOR~Y TO CODIFY, SAVINGS
CLAUSE, REP~LING PROV~ION, A~ EF'FECT~ DATE
AND FOR OTHER ~PURPOSES.
WHEREAS, pursuaut to the recommendation of the Ad Hoc Pension
Committee o¢ the C~y of Boyr~ton Beach, Florida, actuarial evaluations have
been-performed in order to determine the cost of improved benefits under the
City's Police Officers' Retirement Fund; and
WTIEREAS, the City Council of the City of Boynton 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 That Sec. 21-87 of Article V of Chapter 21 (Pensions) of
the Codified Ordinances of the City of Boynton Beach, Florida, is hereby
amended in its entirety to read as follows:
"Sec. 21-87. DISABILITY RETIREIViEI~T BENEFITS.
(a) Service Inuurred
Any Member who receives a medical}y substantiaied service
corm¢cted 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 pre-
vented from rendering useful and efficient service as a police
officer, shall rec~it-ea monthly benefit equal to sixty-six and
two-thirds percent (66 2/3%) of his tbasic rate of earnings in
effect on date of disability. Such benefit shall be payable on the
firs~ 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 otherwise normal retirement
date, credit for service during the period of disability shall be
granted for purposes of subsequent retirement benefits. The
amount 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 fuinre increases, if any, in the disabled
Member's Social Security. disabilily benefit shall not serve
to reduce any further the disability benefit from the Fund.
The reduction for Social Securily shall ,terminate upon the
at/ainment of age 65.
(b) Non-Service Incurred
Any Member with ten (10) years of continuous service who receives
a non-seryice incurred injury, illness, disease or disability, and
which illness, injury, disease or disability totally and permanently
disables him to the e~tent that, in the opinion of the Board of
Trustees, he is wholly~-prevented from rendering useful and efficient
service as a police officer, shall receive from the Fund in equal
monthly iusiall~nents an amount equal to 2 1/2% of his average
final compensation for :ea¢~ year of continuous~service until death
or recovery from disability, whichever sh~l ~irst occur; provided,
however, the maximum b~nefit ~6 whicl~ a Me~ber ma)- becom.e
entitled under,this paragraph shall not exceed fifty percent (50%)
of his average:final dom, pensation duri~E said period. Such benefit
shall be payable on the first day' of each month, conzrnencing on
the first day d~ the month ~Oli~iUg'the 4a~ter tO occur of the date
on which the disability has existed for three (3) m(~nths~md the
date the Board of Trustees approved the payment of such, retir_e-
ment income.
(c) Medical Board
Whenever it becomes uecessary for the Board to avail itself of
the services of physicians in the case of an application for disability
retirement, the Board shall designate a Medical Board to be com-
posed of three (3) physicians. The Medical Board shall arrange
for and pass upon the medical examinations 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
report in writing to the Board its conclusions and recommendations
upon all matters refer~ed 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 incapacity 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 Police Officer of the City, the Board
shall order his pension discontiriued, and he shall be ordered to
resume active duty in the City at the same rate of compensation
currently in effect forhis pay grade. The Board shall review
periodically, in its discretion, the condition of any Member receiving
apension for.disability and if there is substantial evidence that the
~etired Member is capable of performing s~,rvice acceptable to
the City as a Police Officer, he shall be ordered to resume active
duty and his pension shall .be discontinued.
-2-
(~) Disability Exclusions
No Mca%her sl~s]l be granted a disability pension upon a bhowing
to the satisfaction of the Board:
(i)
thai .the disability resulted from an intentionally self-
inflicted wound, injury, or ailment, or
(ii) thai/he disability resulted from the use of narcotics, drugs
or alcoholic beverages, or
(iii)
that the disability resulted from a Member's participaiion
or involvement in riots, insurrection or unlawful assembly,
or
(iv)
that the disability resulted from a Member's participation
or involvement in the commission of a crime or unlawful
act, or
(v) that the disability resuI~ed from injury or disease sustained
by the Police Officer while serving in any armed forces.
(f~ Further Disability Provisions
Each Member applying for a service incurred disability benefit
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 (PLA only) and Workrnen's Compensa-
tion benefits received by him as of March t. tYiltf~l refusal by
such persons to comply with these requirements ~shall be grounds
for the termination of or non-approval of disability benefits from
this System. However, the Board ~hall exercise its discretion
in each case."
Section 2: That new Sec. 21-88 of Article V of Chapter 21 (Pensions)
of the Codified Ordinances of the City of Boy-nton Beach, Florida, is hereby
created to read as follows:
"Sec. 21-88. AVERAGE FINAL COMPENSATION. Average Final
Compensation shall mean the average cash compensation exclusive
of bonuses and incentive pay received by a Police Officer during the
five (5) consecutive years of service with the City which produces
the highest average."
Section 3: That new Sec. 21-89 of Article V of Chapter 21 (Pensions)
of the Codified Ordinances of the City of Boynton Beach, Florida, is hereby
created to read as follows:
"Sec. 21-89. APPLICATION.
All other p~&visions of Chapter 185, Florida Statutes, shall
meet all the requirements and be fully applicable, except for the
provisions of this article, to the City of Boynton Beach Municipal
Police Officers' Pension Trust Fund. The increased pension bene-
fits in the same percentage of increase as provided for by this
article shall apply to all police officers now receiving retirement
benefits and all police officers eligible for retirement benefits
-3-
but not now retired, under /he provisions of the City of
Boynton Beach Municipal Police Officers ' Pension Trust
Fund, Chapter 185, Florida Statutes. '
Section 4: AUthority to Codif)~: Specific authority is hereby granted
to codify and incorporate this Ordinance in the City's existing Code.
Section5: Separab~ity; Each of the provisions of this Ordinance
is separable, including worN, clause, phrase or sentence, and if any
portion /hereof shall be declared invalid, the remaining portion shall not
be affected but shall remain in full force and effect.
Section 6: 1qep.ealing .Provision: All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 7: An Effective ~'le: This Ordinance shall become effective
in the manner and. at the time provided by law.
First reading this ~-~ day of
Second, final reading and passage this
A.D., 1977.
· A.D., 1977.
day o f
//
CITY OF BOYNTON BEACH,
BY:
FLORIDA
ATTEST:
City Clerk
-4-