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Ordinance No. 58-88-13 v ORDINANCE NO. 58-88-13 AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 2, ARTICLE VI, DIVISION 3, SECTION 2-262 TO CLARIFY THE DEFINITION OF COMPENSATION SO AS TO INCLUDE INCENTIVE MONIES AS DEFINED IN CHAPTER 943.22 FLORIDA STATUTES; REPEALING SECTION 2-279 AND PROVIDING FOR A NEW SECTION 2-279 TO BRING THE DISABILITY STATUS WITHIN THE FRAMEWORK OF CHAPTER 175.191 AND CHAPTER 185.18; AMENDING SECTION 2-283 TO ALLOW THE EMPLOYEE TO CHOOSE HIS BENEFICIARY; AMENDING SECTION 2-280 TO BRING THE MAXIMUM AMOUNT OF PENSION INTO CONFORMANCE WITH FLORIDA STATUTES CHAPTER 112.65 SUBPARAGRAPH 1 AND SUBPARAGRAPH 2; PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA Section 1. Chapter 2, Article VI, Division 3 is hereby amended to make changes in Section 2-262, 2-279, 2-283, 2-285, and 2-298 and said sections shall read as follows: CHAPTER 2 ADMINISTRATION ARTICLE VI DIVISION 3. Retirement System Section 2-262. Definitions Compensation shall mean the salary or wages paid a member for personal service rendered the City. Compensation shall include base salary or wages, longevity pay, overtime pay, cost of living payments, salary or wages while absent from work on account of vacation, holiday, or illness, and full-time police officer's salary will also include incentive pay as defined in Chapter 943.22 Florida Statutes. Compensation shall not include redemptions or payments in consideration of unused vacation time or sick leave, the value of any fringe benefit, uniform allowances, equipment allowances, reimbursement of expenses, or any other item not specifically included. Section 2-279. Disability Retirement - General conditions for eligibility. fa}--Upen--the--appiieat ex--e -a-member-a€-the-retirement-system-er the--member'-a--department--head,---$-member-in-the-empiep-of-tbe city.--coke--becomes--tetany--and--permaaeatip-incapacitated-for emgleymeet--hy--ghe--64y--4y--peaces--a€--a-Pe renal-ie#e ems disease--ass-whip-leas- e-ie se-tl4e-applicable-pe ied-a€-sgedited service-sgeeiiied-in-slAbsostiet-4b4-may-be-retired-Uy-tha-bawd stab}est-to-the-fgllewieg-geeditieesi. 44--The-member-is-me4leally-emamse4-4y-eE-tiadeE-the-4 Paetias of-the-medieal-dPeeter; .24.--The--meE4eal--4 EeeeE--eeEtce-to-tete-bead-a€-4Etisees that-tete-membep-ls-mentally-e -physleally-teta1Iy-IeeapaGI4ated ▪ h-e-membe 4a-nremta7137- p aps-ie—a44y- o-te44y-4eeat-ee4+$+e-d f, - 414,t=:tea ,3' -43,t 44 ,--t4a,t-t ie-4oeatae4-ty-ii-i4 pzahably-ba a. a -,-ate-t4gle a-r 4.24— —1a, 4-44---t-Y Qeoeonea-rs-Mi k9r-te-ee-r-t4€4ea-4ea-a€ 41w .aw.4i -4144' -te4., s --43ia-- 4-ted---se- v4ee-Fega4-re iea -€oma-44sa4444-ty-Te+4Temeat-3s Q A.- oaaowc 424---ge e.f4 -g.rax$- 4ee4--44=ge-444-yeses; ---geae44-t-g-reag-gene.Fa44- -4.54-years. 4£3--Upon--44aab444-ty--+.e-4-remes.4--e--ete eT-s.ka44-be-pa44-a-pens3en e eu.194.1e4--aeee4.44ag-4e-agg44ea44e-s.ebsee.isa9-e -See+4ett- - 84 Payment--e€-the-pens es-shall-eemmesee-alm -mea hs-fellew Rg to mlaatles--a€--ety--empleymenT.---Thedsabllty-Eetremeae shell-be-stthieet-te-seet}e:t-2-2BA- (1) A member having five (5) or more continuous years of credited service and having contributed to the retirement system for five (5) years or more may retire from the service the City under the plan if, prior to his normal retirement date, he becomes totally and permanently disabled as defined in subsection (2) by reason of any cause other than a cause set out in subsection (3) on or after the effective date of the plan. Such retirement shall herein be referred to as "disability retirement." The provisions for disability other than line-of-duty disability shall not apply to a member who has reached early or normal retirement age. (2) A member will be considered totally disabled if, in the opinion of the board of trustees, he is wholly prevented from rendering useful and efficient service as a City employee, and a member of the retirement system will be considered permanently disabled if, in the opinion of the board of trustees, he is likely to remain so disabled continuously and permanently from a cause other than as specified in subsection (3) . (3) A member will not be entitled to receive any disability retirement income if disability is as a result of: (a) Excessive and habitual use by the employee of drugs, intoxicants, or narcotics; (b) Injury or disease sustained by the employee while willfully and illegally participating in fights, riots, or civil insurrections or while committing a crime; (c) Injury or disease sustained by the employee while serving in any armed forces; or (d) Injury or disease sustained by the employee after his/her employment has terminated. (4) 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 -2- in the manner specified in this section. Any member retiring under this section shall 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. (5) 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. (6) The monthly retirement income as computed in Section 2-281 to which a member is entitled in the event of his disability retirement shall be payable on the first day of the first month after the board of trustees determine such entitlement. 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 payment due next preceding his death. (7) 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. (8) 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. Section 2-283. Death while in city employment; elective survivor pension. bene€ �}�- key--eke-bet $€- ire e ewe-€€rte-�o-be-c�eg ea�errger-t- e mcmbc�--€o-�� -�eas�-€ € -F9} erccn �€-1}€g�l}e�-spretre-to-tae $€ € sx� ��- Barrer---eke- t€�aiarT-a€bene€ie€a��-gka��be-i-rr �€ming a bcnce€eco-s-ka�� thc--calk- €-e � ttarae aa�i �r€riair-a€ ear-e}gl��--�€€e-perrsiarr--eai�r�rr�e-�--a�er�€trg-t�-�ee�-i-err-2$z$€-err-t�rre-sante rem--irr-ail-regpee�g-ee- €-eke mcmbcr Yra-i-Bleu-9p rt k gr ided-- tr �rcccd€ng---l���-ker--de�t�r- -3- i 4th tandi - �i�t- e- rl�e - red- - e�ae-sa 3s€ e�- die-ee d3 ens-e-€ 4�t3- t 1. Each member may, on a form provided for that purpose, signed and filed with the board of trustees, designate a beneficiary (or beneficiaries) to receive the benefit, if any, which may be payable in the event of his/her death, and each designation may be revoked by such member by signing and filing with the board of trustees a new designation of beneficiary form. 2. Upon the death of a member who has a valid nomination-of-beneficiary in force, the beneficiary, if living, shall be paid a level straight life pension computed according to Section 2-281 in the same manner in all respects as if the member had elected Option A provided in Section 2-282 and retired the day preceding his/her death, notwithstanding that the member may not have satisfied the conditions for retirement. Upon a member's retirement, resignation or termination as a city employee, eligibility for the death benefit payable under Section 2-281 will automatically terminate. 3. If a member failed to name a beneficiary in the manner prescribed in (1) above, or if the beneficiary (or beneficiaries) named by a deceased member predeceases the member, the death benefit, if any, which may be payable under the plan with respect to such deceased member, may be paid in the discretion of the Board of Trustees either to: (i) any one or more of the persons comprising the group consisting of the member's spouse, the member's descendants, the member's parents, or the member's heirs at law, and the Board of Trustees may pay the entire benefit to any member of such group or portion such benefit among any two or more of them in such shares as the Board of Trustees, in its sole discretion, shall determine, or (ii) the estate of such member, provided that in any of such cases the Board of Trustees, in its discretion, may direct that the commuted value of the remaining monthly income payments be paid in a lump sum. Any payment made to any person pursuant to the power and discretion conferred upon the Board of Trustees by the preceding sentence shall operate as a complete discharge of all obligations under the plan with regard to such deceased member and shall not be subject to a review by anyone, but shall be final, binding and conclusive on all persons ever interested hereunder. Section 2-285. Maximum amount of pension. isse--ease-sha44-4he-assta4ieeti-emtest-a€-peseies-paid-e-member-e€ tie--ret4remest--sys4em--ethe-esste44eeti-emeuat-e€-ell-pets ens-pa4d-en eeeets4-a€-tie-depth-e€-e-member-exeeed-the-d4€€armee-between {44--£igh.y-{$64-patten-ef-the-member's-+Ina4-average-eempensatten; esti {24--The--membe --'s-in t}el-enuta44sed-plmftTy-insurance-ametint-under t he-€edere.1-e4ti-ege3-suvive+.s-s-ti4sab444Ey-anti-k,1ea4-h-4sss arse pregrem;--er--4e--the--ages-t--a€--41ie--tieath-a€-4be-member,-4be e snue44reti-per4e44e-beee44t-pe44-by-44ie-€etiera4-esti-age, -4- survivors, disability and health insurance program; and any workers' compensation benefits. 1. The normal retirement pension payable to a member of the retirement system and who has not previously participated in such system, on or after January 1, 1980, shall not exceed 100% of his final average compensation. However, nothing contained in this section shall apply to supplemental retirement benefits or to pension increases attributable to cost-of-living increases or adjustments. 2. No member of the system covered by this part who is not now a member of such system shall be allowed to receive a retirement pension which is, in part or in whole, based upon any service with respect to which the member is already receiving, or will receive in the future, a retirement pension from another retirement system or plan; provided that this restriction does not apply to social security benefits or federal benefits under Chapter 67, Title 10, U.S. Code. Section 2-298. Member Contributions. (c) If an employee leaves the service of the City before accumulating aggregate time of five (5) years toward retirement and before being eligible to retire under the provisions of this act he/she shall be entitled to a refund of all of his or her contributions made to the City pension trust fund, without interest, less any disability benefits paid to him/her. If an employee who has been in the service of the City for at least five (5) years and has contributed to the pension trust fund as provided, elects to leave his accrued contributions in the trust fund, such employee, upon attaining the age as required in 2-280, may retire with the actuarial equivalent of the amount of such retirement income otherwise payable to him/her. Section 2. This Ordinance shall take effect upon its adoption. * * * * * * * * * * * * * Passed by the City Commission on first r- _ November 14, 1988 Passed by the City Commissiin on -cond & fi al r ading No ember 28, 1988 LIItAAlli mei . ord, . ,r, Pres'ding Officer Ap as to form and correctness: A ,- . C .ude L. Mullis, 'City Att. ey 0 ATTEST: d Maureen King, City Clerk ,