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.
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(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
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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.
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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.
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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 ,