AB Code Supplement 31 - RevisionSUPPLEMENT NO.31, REVISION
March 2006
CODE OF ORDINANCES
City of
ATLANTIC BEACH, FLORIDA
Looseleaf Supplement
This Supplement No. 31, Revision, is a printed to revise pages appearing in
Supplement No. 31, and should be inserted as directed below.
Remove old pages Insert new pages
183, 184 183-184.1
Insert and maintain this instruction sheet in front of this publication. File
removed pages for reference.
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ADMINISTRATION § 2-279
(b) A member will be considered disabled if, in the opinion of the board of trustees, the
member is totally and permanently prevented from rendering useful and efficient service as a
city employee.
(c) A member will not be entitled to receive any disability retirement income if disability is
as a result of:
(1) Excessive and habitual use by the employee of drugs, intoxicants, or narcotics;
(2) Injury or disease sustained by the employee while willfully and illegally participating
in fights, riots, or civil insurrections or while committing a crime;
(3) Injury or disease sustained by the employee while serving in any armed forces; or
(4) Injury or disease sustained by the employee after his/her employment has terminated.
(d) No member shall be permitted to retire under the provisions of this section until he/she
is examined by a duly qualified physician or surgeon, to be selected by the board of trustees for
that purpose, and is found to be disabled in the degree and in the manner specified in this
section. Any member retiring under this section may be examined periodically by a duly
qualified physician or surgeon or board of physicians and surgeons to be selected by the board
of trustees for that purpose, to determine if such disability has ceased to exist. If a member
refuses to submit to such an examination, the member's disability pension shall be suspended
until such time as the member submits to the examination.
(e) The benefits payable to a member who retires from the service of the city with a total
and permanent disability as a direct result of a disability commencing prior to his normal
retirement date is the monthly income computed according to the applicable subsections of
section 2-281 or section 2-282.
(f) The monthly retirement income as computed in section 2-281 or section 2-282 to which
a member is entitled in the event of his disability retirement shall be payable monthly after the
board of trustees determine such entitlement retroactive to the date of application or the last
day on payroll, whichever is later. If the member recovers from the disability prior to his
normal retirement date, the last payment will be the payment due next preceding the date of
such recovery. If the member dies without recovering from his disability or attains his normal
retirement date while still disabled, the last payment will be the payment due next preceding
his death.
(g) If the board of trustees finds that a member who is receiving a disability retirement
income is, at any time prior to his normal retirement date, no longer disabled, as provided
herein, the board of trustees shall direct that the disability retirement income be discontinued.
Recovery from disability as used herein means the ability of the member to render useful and
efficient service as an employee of the city.
Supp. No. 31, Rev. 183
§ 2-279 ATLANTIC BEACH CODE
(h) If the member recovers from disability and reenters the service of the city as an
employee, his service will be deemed to have been continuous, but the period beginning with
the first month for which he received disability retirement income payment and ending with
the date he reentered the city service will not be considered as credited service for the purpose
of the system.
(Ord. No. 58-75-4, § 19, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord. No. 58-88-13, § 1,
11-28-88; Ord. No. 58-93-19A, § 1, 10-25-93; Ord. No. 58-95-20, § 1, 6-12-95; Ord. No. 58-96-21,
§ 1, 2-12-96; Ord. No. 58-98-25, § 16, 11-23-98; Ord. No. 58-99-27, § 1, 11-8-99; Ord. No.
58-99-26, § 1, 7-10-00; Ord. No. 58-04-29, 3-8-04)
Sec. 2-280. Same -Continuation subject to re-examination; return to employment.
(a) The board of trustees may require a disability retirant to undergo periodic medical
examination if the disability retirant has not attained age sixty (60) years.
(b) If a disability retirant refuses to submit to a medical or psychological examination,
payment of the disability pension may be suspended by the board of trustees until the retirant
submits to the examination.
(c) A disability retirant who has been restored to employment with the city as provided in
subsection (a) shall again become a member of the retirement system.
(Ord. No. 58-75-4, § 20, 12-22-75; Ord. No. 58-98-25, § 17, 11-23-98; Ord. No. 58-99-27, § 1,
11-8-99; Ord. No. 58-99-26, § 1, 7-10-00; Ord. No. 58-04-29, 3-8-04)
Sec. 2-281. Amount of level straight life pension.
(a) Benefit group general for employees hired before April 24, 2005. Subject to section 2-285,
the amount of level straight life pension shall be equal to the retiring member's benefit group
general credited service multiplied by the sum of two and eighty-five hundredths (2.85)
percent of the retiring member's final average compensation.
(b) Benefit group general for employees hired on or after April 24, 2005. Subject to section
2-285, the amount of level straight life pension shall be equal to the retiring member's benefit
group general credited service multiplied by the sum of two and fifty hundredths (2.50) percent
of the retiring member's final average compensation.
(c) Early retirement benefit. The amount of an early retirement benefit shall be calculated
as provided in subsection (a) above, taking into account credited service to the date of actual
retirement and final monthly compensation as of such date. Such amount of retirement income
shall be actuarially reduced to take into account the participant's younger age and earlier
commencement of retirement income payments.
(d) Cost -of -living adjustment. All retirement system members and beneficiaries who retired
prior to January 1, 1997, shall receive a one-time cost -of -living adjustment, which shall be in
an amount equal to three (3) percent of the benefits paid to such retired members and
beneficiaries during the immediately preceding month. Effective October 2001, all retirement
system members and beneficiaries who retired prior to January 1, 2001, shall receive a
Supp. No. 31, Rev. 184
ADMINISTRATION § 2-281
one-time cost -of -living adjustment, which shall be in an amount equal to five (5) percent of the
benefits paid to such retired members and beneficiaries during the immediately preceding
month.
(Ord. No. 58-75-4, § 21, 12-22-75; Ord. No. 58-87-8, § 1, 10-26-87; Ord. No. 58-92-18, § 1,
9-28-92; Ord. No. 58-93-19A, § 1, 10-25-93; Ord. No. 58-97-23, § 1, 7-14-97; Ord. No. 58-99-27,
§ 1, 11-8-99; Ord. No. 58-99-26, § 1, 7-10-00; Ord. No. 58-01-28, § 1, 10-8-01; Ord. No. 58-04-29,
3-8-04;Ord. No. 58-05-30, § 1, 4-11-05)
Supp. No. 31, Rev. 184.1