Loading...
O77-01ORDINANCE NO. 77-1 AN Ot{DINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA; AMENDING ARTICLE VI, SEC. 21-93 AND ADDING NEW SECTIONS 21-94AND 21-95 OF CHAPTER 21 (PENSIONS) OF THE CODIFIED ORDINANCES OF SAID CITY TO PROVIDER FIREMEN'S RETIREMENT FUND BENEFITS IN .THE EVENT OF SERVICE AND NON- SERVICE LNCURRED DISABILITY lin ADDITION TO THOSE BENEFITS CURRENTLY PROVIDED UNDER FLORIDA STATUTE CtLit:}TER 175~ PROVIDING TIIAT RETII~EMENT AND ACCRUED BENEFITS BE: BASED ON THE AVERA~GE OF ~ARNINGS Di~RING TIiE ~tVE ~IIGHEST CONSECUTIVE YEARS; DEFINING AVEIL~G.E F/NAL cOMPEN~ATIOt~i AND PROVIDING FURTHE'R FOR' AuTHORItY TO CODIFY, SAVINGS CL~U~E, RE~AL~G PROVISION, AN EFFECTIVE DATE AlgD ~(DR' OTHEmR:PI~RPOSES. WI-IEREAS, pursuant to thee reconunendation of the Ad Hoc Pension Committee of the City of BGynton Beach, Florida, actuarial evaluations have been perfcrmed in order to determine the cost of improved benefits under the City's Firemen's Retirement Fund; and WHEREAS, the City Council of the City of Boyuton 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 Thai Sec. 21-93 of Article VI of Chapter 21 (Pensions) of the Codified Ordinances of the City of Boynion Beach, Florida, is hereby amended in its entirety To read as follows: "Sec. 21-93. DISABILITY RETIREMENT BENEFITS. (a) Service Incurred Any Member who receives a medically substantiated service .. connected 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 prevented from rendering useful and efficient service as a fireman, shall receive a monthly benefit equal to sixty-six and two-thirds percent (66 2/3%) of his basic rate of earnings in effect on date of disability. Such benefit shall be payable on the first 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 other~vise normal retirement date, credit for service during the period of disability shall be granted for purposes of subsequent retirement benefits. The amounl 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 future increases, if any, in the disabled Member's So cial Security disability benefit shall not serve to reduce any further the disability benefit from the Fund. The reduc- tion for Social SeCUrity shall terminate upon the attainment of age 65. (b) Non-Service Incurred Any IVIember with ten (10)years of continuous service who receives a non-service incurred injury, illness,, disease or disability, and ~hich~illness, injury, d~sease or disab~ly totally and permanently disables him to the mx-tent that, in the opinion of the Board of Trustees, he is wholly prevented from rendering USefUl and efficient service as a fireman, shall receive from the Fund in equal monthly installments an amount equal t0 2 I/2% of his average final compensation for ~each year of coritinuons service until death or-recovery from disability, whichever shall first occur; provided, however, the maximum benefit to which a Member may become entitled under ibis paragrapt% shall not exceed fifty percent (50%) of his average final compensation during sskid period. Much benefit shall be payable on the first day of each month, commencing, on the first day of the month following the latter to occur of theodore on which' the~disability has existed for three (3)~ months add the date the Board~ of TrUstees approved ihe payme~it Of such, retirement income. (c) IViedical Board Whenever it becomes necessary for the Board to avail itself of the services of physicians in the case of an application for disability retireraent~ the I~oard shall designate a Medical Board to be composed of three (3) physicians. The ]VIedical Board shall arrange for and pass upon the medical examina- tions 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 r~port in writing to the Board its conclusions and recommendations upon all matters referred 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 indapacity 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 Fireman ~f the City, the Board shall order his pension- discontinued, and he shall be ordered to resume active duty in the City at the same rate of compensation currently in effect for his pay grade. The Board shall review periodically, in its discretion, the condition of any Member receiving a pension for disability and ~if there is sub- stantial evidence that the retired Member is capable of performing service acceptable to the City as a Fireman, he shall be ordered to resurne active duty and his pension .shall be discontinued. -2- (e) Disability Exclusions No Member shall be granted a disability pension upon a showing to the satisfaction of the Board: (9 lhat the disability resulied from an intentionally self- inflicted wound, injury, or ailment, or (ii) that the disability resulted from the use of narcotics, drugs or alcoholic beverages, or (iii) that the disability resulted from a~lVIember's participa[ion or involvement in riots, insurrection or unlawful assembly, or (iv) that the disability resulted from a Member's participation or involvement in khe commission of a crime or unlawful act, or that the disability resulted from injury or disease sustained by the Fireman while serving in any armed forces. (f) Further ]Disability Provisions Each Member applying for a service incurred disability ben, fit 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 (PtA only) and Workmen's Compensa- [ion benefits received by him as of March 1. Willful refusal by such persons lo comply with these requirements shall be grounds for the termination of or non-approval of disability benefits from this Sysiem. However, the Board shall exercise its discretion in each case. Section 2: That new Sec. 21-94 of Article VI of Chapter 21 (Pensions) of the Codified Ordinances of the City of Boynton Beach, Florida, is hereby created to read as follows: "Sec. 21-94. AVE1RAGE FINAL COMPEI~SATION. Average Final Compensation shall mean the average cash compensation exclusive of bonuses and incentive pay received by a Fireman during the five (5) consecutive years of service with~he Citywhich produces the highest average." Section 3: That new Sec, 21-95 of Article VI of Chapter 21 (Pensions) of the Codified Ordinances of the City of Boynton Beach, Florida, is hereby created to read as follows: "Sec. 21-95. APPLICATION. All other provisions of Chapter 175, Florida Statules, 1971, shall meet all the requirements and be fully applicable, except for the provisions of this article, to the City of Boynton Beach Municipal Firemen's Pension Trust Fund. The increased pension benefits in the same percentage of increase as provided for by this article shall apply to all firemen now receiving retirement benefits and -3- ali firemen eligible for retirement benefits but not now retired, under the provisions of the City of Boynton Beach Municipal Firernen's Pension Trust Fund. Chapter 175, Florida Statutes, 1971." Section 4: Authority to Codif~y: Specific authority is hereby granted to codify and incorporate this Ordinance zu the City s ex~stzug Code. Section 5: Separability: Each of the provisions of this Ordinance is separable, including word, clause, phrase or sentence, and if any portion thereof shall be declared invalid, the remaining portion shall not be affected but shall remain in full force and effect. Section 6: ' P ' ' · Hel~ealnag rovlslon. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 7: An Effective Date: This Ordinance shall become effective in the manner and at the time provided by law. First reading this ~ ~day of ~y~ Second, final reading and passage this day of A.D., 1977. · A.D. 1977. CITY OF BOYNTON BEACH, FLORIDA ATTEST: City Clerk -4-