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HomeMy WebLinkAboutVII(A) First Reading Of Ordinance No. 2000-20, Relating To Municipal Police Officers' And Firefighters' Retirement Trust Fund, Amending Ordinance No. 96-20 Agenda 6-06-2000 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Iv�ne oR•COMM SSIONER Ocoee S.SCOTT VANDERGRIFT O� , Er CITY OF OCOEE COMMISSIONERS ,� ryDANNY HOWELL Q. 150 N.LAKESHORE DRIVESCOTTANDERSON v OCOEE,FLORIDA 34761-2258 RUSTY JOHNSON �`1, ���� (407)656-2322 NANCY J.PARKER ��OF G 4O `` CITY MANAGER ELLIS SHAPIRO MEMORANDUM DATE: May 23, 2000 TO: The Honorable Mayor and City Commissioners FROM: Ellis Shapiro City Manager RE: Proposed Ordinance 2000-20 In this years legislative action certain changes were made to Municipal Police and Fire Pensions that are mandatory. The Ordinance must be passed prior to July 1, 2000. I am happy to report that none of the changes mandated by the State and requested by the Police and Fire Pension Board will result in any financial impact on the City. I, therefore recommend passage. Respectfully Submi ed ES:ps P W a Protect Ocoee's Water Resources 'r'3'vO LAW OFFICES CHRISTIANSEN&DEHNER, P.A. 63 SARASOTA CENTER BLVD. SUITE 107 Scott R.CHRISTIANSEN SARASOTA,FLORIDA 34240 PHONE:(941)377-2200 H.LEE DEHNER FAX: (941)377-4848 April 26, 2000 Mr. Ellis Shapiro City Manager City of Ocoee 150 N. Lakeshore Drive Ocoee, FL 34761-2258 Re: City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund Dear Mr. Shapiro: As directed at the last meeting of the Board of Trustees of the City of Ocoee Municipal Police Officers' and Firefighters' Trust Fund, enclosed please find a proposed ordinance for which amends the Fund to include the most recent legislative changes found in 99-01, Laws of Florida. Please schedule this ordinance for first reading by the City Commission, keeping in mind that it must adopted prior to July 1, 2000. By copy of this letter,.I am requesting the Board's Actuary, Ward Foster, to prepare an actuarial impact statement, if needed, for this ordinance and send it to you. If you have any questions or comments, please do not hesitate to contact me. Yours very truly, H. Lee Dehner HLD\noc Enclosure cc: Tony Wilson, with enclosure FOSTER & FOSTER, INC. and r 2-� oaf 6201 PRESIDENTIAL COURT,S.W., SUITE 203 FORT MYERS,FLORIDA 33919 TELEPHONE FACSIMILE (941)433-5500 (941)481-0634 May 11, 2000 Tony Wilson, Chairman City of Ocoee Police Officers' and Firefighters' Pension Board 150 North Lakeshore Drive Ocoee, FL 34761 Re: Police Officers' and Firefighters' Retirement Trust Fund Dear Tony: We are writing to advise that the adoption of the proposed Chapter 99-1 compliance Ordinance (identified as noc\ocoee\pf\04- 19-00.ord on page 23) will have no financial impact on the City's funding requirements. Because the changes do not result in a financial impact on the funding requirements, it is our opinion that a formal Actuarial Impact Statement is not required in support of its adoption. We recommend that you send a copy of this letter and a copy of the proposed Ordinance to each of the following offices prior to the final reading: Mr. Charles Slavin Patricia Shoemaker Bureau of Local Retirement Systems Municipal Police and File Division of Retirement Pension Trust Funds Cedars Executive Center, Bldg. C Division of Retirement 2639 North Monroe Street P.O. Box 3010 Tallahassee, FL 32399-1560 Tallahassee, FL 32315-3010 If you have any questions, please let me know. Sincerely, 0404L Ward V. Foster, Jr. WVF/hj a cc: H. Lee _Dehner, Board Attorney Ellis Shapiro';City Manager �. ORDINANCE NO. 2 0 0 0-2 0 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE CITY OF OCOEE MUNICIPAL POLICE OFFICERS' AND FIREFIGHTERS' RETIREMENT TRUST FUND; AMENDING AND RESTATING IN FULL, ORDINANCE NUMBER 96-20, AS SUBSEQUENTLY AMENDED; AMENDING SECTION 1, DEFINITIONS, TO DELETE THE DEFINITION OF "ACT" AND AMEND THE DEFINITION OF "CREDITED SERVICE"; AMENDING SECTION 3, BOARD OF TRUSTEES; AMENDING SECTION 4, FINANCES AND FUND MANAGEMENT; AMENDING SECTION 5, CONTRIBUTIONS; AMENDING SECTION 6, BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 7, PRE-RETIREMENT DEATH; AMENDING SECTION 8, DISABILITY; AMENDING SECTION 9, VESTING; AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; AMENDING SECTION 11, BENEFICIARIES; AMENDING SECTION 12, CLAIMS PROCEDURES; AMENDING SECTION 13, REPORTS TO THE DIVISION OF RETIREMENT; DELETING SECTION 14, BOARD ATTORNEY AND PROFESSIONALS; AMENDING SECTION 16, MAXIMUM PENSION; AMENDING SECTION 19, REPEAL OR TERMINATION OF SYSTEM; ADDING SECTION 22, CONVICTION AND FORFEITURE; FALSE, MISLEADING OR FRAUDULENT STATEMENTS; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. SECTION 1: Authority. The City Commission of the City of Ocoee has the authority to adopt this ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2: That Ordinance No. 96-20, adopting the amended and restated City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund, as subsequently amended, is hereby further amended by amending Section 1, Definitions, to delete the definition of"Act" and amend the definition of"Credited Service", to read as follows: that Statute and these regulations shall be amended. Credited Service means the total number of years and fractional parts of years of service as a Police Officer or Firefighter with Member contributions, when required, omitting intervening years or fractional parts of years when such Member was not employed by the City as a Police Officer or Firefighter. A Member may voluntarily leave his or her Accumulated Contributions in the Fund for a period of five (5) years after leaving the employ of the Police or Fire Depart- ment pending the possibility of being reemployed as a Police Officer or Firefighter, without losing credit for the time that he or she was a Member of the System. If the a vested Member who left lames the employ of the Police or Fire Department..-should clot be as a Police Offl.,el or Firefighter within-five-(5)-yearsrthen-the his or her Accumulated Contributions will be returned only upon his or her written request. If a Member who is not vested is not reemployed as a Police 1 Officer or Firefighter with the Police or Fire Department within five (5) years, his o her Accumulated Contributions shall be returned. Upon return of his or hut a Member's Accumulated Contributions, all of his or her rights and benefits under the System are forfeited and terminated. IIowevet Upon any reemployment, a Police Officer or a Firefighter may shall not receive credit for the years and fractional parts of years of service for which he has withdrawn his Accumulated Contributions to from the Fund.for those years and fractional parts of years, if unless the Police Officer or Firefighter repays into the Fund the contributions he has withdrawn, with interest, as determined by the Board, within ninety.(901 days after his reemployment. - , purpose Qf , . of his or hc1 The years or fractional parts of a year that a Fifeftghtc1 Member serves in the military service of the Armed Forces of the United States, the United States Merchant Marine or the United States Coast Guard, voluntarily or involuntarily, after separation from employment as a Police Officer or Firefighter with the City to perform training or service, a11d 1u.11iploylitu1it elf or after Dauelnber 12, 1994, shall be added to his or her years of Credited Service for all purposes, including vesting, provided that: A. The firefightut Member must return to his or her employment as a Police Officer or Firefighter within one (1) year from the earlier of the date of his or her military discharge or his or her release from service. B. The Firefighter Mumbei &posits into the Fund-thc-m-me that the Firufightc1 Member wouid-have-contributedif-he-or she-had-remained-a-Fir.efighter during-his ghter Mcinbcr must deposit all mis UXl w1ititllutiutla but Hot more his-or-her militarr service-pursuant-to-this-Section-7 The Member is entitled to reemployment under the provisions of the Uniformed Services Employment and Reemploym n Rights Act IUSERRA),(P L 103-353). C. The maximum credit for military service pursuant to this Section paragraph shall be five (5) years. • , the-Firefighter Member must-have-heen-discharged-orreleased-frotir service-ander apply•, 2 In the event that a Member of this System has also accumulated Credited Service in another pension system maintained by the City, then such other Credited Service shall be used in determining vesting as provided for in Section 9, and for determining eligibility for early or normal retirement. Such other Credited Service will not be considered in determining benefits under this System. Only his or her Credited Service and Salary under this System on or after his or her date of membership in this System will be considered for benefit calculation. In addition, any benefit calculation for a Member of this System who is or becomes eligible for a benefit from • this System after he or she has become a member of another pension system maintained by the City, shall be based upon the Member's Average Final Compensation, Credited Service and benefit accrual rate as of the date the Member ceases to be a Police Officer or Firefighter. SECTION 3: That Ordinance No. 96-20, adopting the amended and restated City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund, as subsequently amended, is hereby further amended by amending Section 3, Board of Trustees, subsection 4, to read as follows: • 4. The Board shall engage such actuarial, accounting, legal, and other services as shall be required to transact the business of the System. The compensation of all persons engaged by the Board and all other expenses of the Board necessary for the operation of the System shall be paid from the Fund at such rates and in such amounts as the Board shall agree. In the event the Board chooses to use the City's legal counsel, actuary or other professional, technical or other advisors, it shall do so only under terms and conditions acceptable to the Board. SECTION 4: That Ordinance No. 96-20, adopting the amended and restated City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund, as subsequently amended, is hereby further amended by amending Section 4, Finances and Fund Management, subsections 6.C. through 6.K., to read as follows: At least once every three (3) years. and more often as determined by the Board, the Board shall retain a professionally qualified independent consultant, as defined in Sections 175.071 and 185.06, Florida Statutes, to evaluate the performance of all current investment managers and make recommendations regarding the retention of all such investment managers. These recommendations shall be considered by the Board at its next regularly scheduled meeting. D. The Board may retain in cash and keep unproductive of income such amount of the Fund as it may deem advisable, having regard for the cash requirements of the System. E.. Neither the Board nor any Trustee shall be liable for the making, retention or sale of any investment or reinvestment made as herein provided, nor for any loss or diminishment of the Fund, except that due to his or its own negligence, willful misconduct or lack of good faith. D•: E. The Board may cause any investment in securities held by it to be registered in or transferred into its name as Trustee or into the name of such nominee as it may direct, or it may retain them unregistered and in form permitting transferability, but the books and records shall at all times show that all investments are part of the Fund. F a,. The Board is empowered, but is not required, to vote upon any stocks, bonds, or securities of any corporation, association, or trust and to give 3 general or specific proxies or powers of attorney with or without power of substitution; to participate in mergers, reorganizations, recapitalizations, consolidations, and similar transactions with respect to such securities; to deposit such stock or other securities in any voting trust or any protective or like committee with the Trustees or with depositories designated thereby; to amortize or fail to amortize any part or all of the premium or discount resulting from the acquisition or disposition of assets; and generally to exercise any of the powers of an owner with respect to stocks, bonds, or other investments comprising the Fund which it may deem to be to the best interest of the Fund to exercise. F IL The Board shall not be required to make any inventory or appraisal or report to any court, nor to secure any order of court for the exercise of any power contained herein. €r. It Where any action which the Board is required to take or any duty or function which it is required to perform either under the terms herein or under the general law applicable to it as Trustee under this ordinance, can reasonably be taken or performed only after receipt by it from a Member, the City, or any other entity, of specific information, certification, direction or instructions, the Board shall be free of liability in failing to take such action or perform such duty or function until such information, certi- fication, direction or instruction has been received by it. i L Any overpayments or underpayments from the Fund to a Member, Retiree or Beneficiary caused by errors of computation shall be adjusted with interest at a rate per annum approved by the Board in such a manner that the Actuarial Equivalent of the benefit to which the Member, Retiree or Beneficiary was correctly entitled to, shall be paid. Overpayments shall be charged against payments next succeeding the correction or collected in another manner if prudent. Underpayments shall be made up from the Fund in a prudent manner. l<: I The Board shall sustain no liability whatsoever for the sufficiency of the Fund to meet the payments and benefits herein provided for. L In any application to or proceeding or action in the courts, only the Board shall be a necessary party, and no Member or other person having an interest in the Fund shall be entitled to any notice or service of process. Any judgment entered in such a proceeding or action shall be conclusive upon all persons. K: M. Any of the foregoing powers and functions reposed in the Board may be performed or carried out by the Board through duly authorized agents, provided that the Board at all times maintains continuous supervision over the acts of any such agent; provided further, that legal title to said Fund shall always remain in the Board. 4 SECTION 5: That Ordinance No. 96-20, adopting the amended and restated City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund, as subsequently amended, is hereby further amended by amending Section 5, Contributions, subsections 1 and 3, to read as follows: 1. Member Contributions. A. Amount. Each Member of the System shall be required to make regular contributions to the Fund in the amount of seven and six-tenths percent (7.6%) of his or her Salary. Member contributions withheld by the City on behalf of the Member shall be deposited with the Board at lcast monthly immediately after each pay period. The contributions made by each Member to the.Fund shall be designated as employer contributions pursuant to §414(h) of the Code. Such designation is contingent upon the contributions being excluded from the Members' gross income for Federal Income Tax purposes. For all other purposes of the System, such contribu- tions shall be considered to be Member contributions. B. Method. Such contributions shall be made by payroll deduction. 3. City Contributions. So long as this System is in effect, the City shall make quarterly contributions to the Fund in an amount equal to the difference in each year, between the total aggregate Member contributions for the year, plus state contributions for such year, and the total cost for the year, as shown by the most recent actuarial valuation of the System. The total cost for any year shall be defined as the total normal cost plus the additional amount sufficient to amortize the unfunded past service liability uv i a thirty (30) y,,ar yciioil, .,u„1„1e„-in6 with tlic 1ia1,al ycai in v'hidi t1n. z.fk.,tivc date of this Syslc,n okA..ui as provided in Part VII of Chapter 112, Florida Statutes. SECTION 6: That Ordinance No. 96-20, adopting the amended and restated City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund, as subsequently. amended, is hereby further amended by amending Section 6, Benefit Amounts and Eligibility, subsection 4., to read as follows: 4. Early Retirement Benefit. A Member retiring hereunder on his or her early retirement date may receive either a deferred or an immediate monthly retirement benefit payable for life as follows: A. A deferred monthly retirement benefit which shall commence on what would have been his or her normal retirement date had Inc or she 1cluaiiied a Police Offn,er ur Fin.figl&t determined based upon his or her actual years of Credited Service and shall be continued on the first day of each month thereafter. The amount of each such deferred monthly retirement benefit shall be determined in the same manner as for retirement on his or her normal retirement date except that Credited Service and Average Final Compensation shall be determined as of his or her early retirement date, determined basedlipon his or her actual years of Credited Service; or B. An immediate monthly retirement benefit which shall commence on his or her early retirement date and shall be continued on the first day of 5 each month thereafter. The benefit payable shall be as determined in paragraph A above, which is actuarially reduced from the amount to which he or she would have been entitled had he or she retired on his or her normal retirement date and with the same number of years of Credited Service as at the time his or her benefits commence and based on his or her Average Final Compensation at that date. SECTION 7: That Ordinance No. 96-20, adopting the amended and restated City of Ocoee Municipal.Police Officers' and Firefighters' Retirement Trust Fund, as subsequently amended, is hereby further amended by amending Section 7, Pre-Retirement Death, subsection 2.B., to read as follows: B. If the,deceased Member was eligible for normal or early retirement, the Beneficiary shall receive a benefit payable for ten years, beginning on the first day of the month following the Member's death or at the deceased Member's otherwise normal or early retirement date, at the option of the Beneficiary. The benefit shall be calculated as for normal retirement based on the deceased Member's Credited Service and Average Final Compensation as of the date of his or her death and reduced as for early retirement, if applicable. SECTION 8: That Ordinance No. 96-20, adopting the amended and restated City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund, as subsequently amended, is hereby further amended by amending Section 8, Disability, to read as follows: SECTION 8. DISABILITY. 1. Disability Benefits In-Line of Duty. Any Member who shall become totally and permanently disabled to the extent that he or she is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a Police Officer or Firefighter, which disability was directly caused by the performance of his or her duty as a Police Officer or Firefighter, shall, upon establishing the same to the satisfaction of the Board, be entitled to a monthly pension equal to three percent(3.0%) of his or her Average Final Compensation multiplied by the total years of Credited Service, but in any event the minimum amount paid to the Member shall be forty-two percent (42%) of the Average Final Compensation of the Member. Terminated persons, either vested or non-vested, are not eligible for disability benefits, except that those terminated by the City for medical reasons may apply for a disability within thirty (30) days after termination. 2. In-Line of Duty Presumptions. A. Presumption. Any condition or impairment of health of a Member caused by hypertension or heart disease shall be presumed to have been suffered in line of duty unless the contrary is shown by competent evidence, provided that such Member shall have successfully passed a physical examination upon entering into such service, including a cardio- gram for Police Officer Members, which examination failed to reveal any evidence of such condition; and provided further, that such presumption shall not apply to benefits payable or granted in a policy of life insurance or disability insurance. 6 B. Additional Presumption. The presumption provided for in this subpara- graph B. shall apply only to those conditions described in this subpara- graph B. that are diagnosed on or after January 1, 1996. (1) Definitions. As used in this subsection 2.B., the following definitions apply: (a) "Body fluids" means blood and body fluids containing visible blood and other body fluids to which universal precautions for prevention of occupational transmission of blood-borne pathogens, as established by the Centers for Disease Control, apply. For purposes of potential transmission of meningococcal meningitis or tuberculosis, the term "body fluids" includes respiratory, salivary, and sinus fluids, including droplets, sputum, and saliva, mucous, and other fluids through which infectious airborne organisms can be transmitted between persons. (b) "Emergency rescue or public safety Member" means any Member employed full time by the City as a firefighter, paramedic, emergency medical technician, law enforce- ment officer, or correctional officer who, in the course of employment, runs a high risk of occupational exposure to hepatitis, meningococcal meningitis, or tuberculosis and who is not employed elsewhere in a similar capacity. However, the term "emergency rescue or public safety Member" does not include any person employed by a public hospital licensed under Chapter 395, Florida Statutes, or any person employed by a subsidiary thereof. (c) "Hepatitis" means hepatitis A,hepatitis B, hepatitis non-A, hepatitis non-B, hepatitis C, or any other strain of hepatitis generally recognized by the medical community. (d) "High risk of occupational exposure" means that risk that is incurred because a person subject to.the provisions of this subsection, in performing the basic duties associated with his or her employment: i. Provides emergency medical treatment in a non- health-care setting where there is a potential for transfer of body fluids between persons; ii. At the site of an accident, fire, or other rescue or public safety operation, or in an emergency rescue or public safety vehicle, handles body fluids in or out of containers or works with or otherwise handles needles or other sharp instruments exposed to body fluids; iii. Engages in the pursuit, apprehension, and arrest of law violators or suspected law violators,and, in 7 performing such duties, may be exposed to body fluids; or iv. Is responsible for the custody, and physical restraint when necessary, of prisoners or inmates within a prison, jail, or other criminal detention facility, while on work detail outside the facility, or while being transported and, in performing such duties, may be exposed to body fluids. (e) "Occupational exposure," in the case of hepatitis, meningococcal meningitis, or tuberculosis, means an exposure that occurs during the performance of job duties that may place a worker at risk of infection. (2) Presumption. Any emergency rescue or public safety Member who suffers a condition or impairment of health that is caused by hepatitis, meningococcal meningitis, or tuberculosis, that requires medical treatment, and that results in total or partial disability or death shall be presumed to have a disability suffered in the line of duty, unless the contrary is shown by competent evidence; however, in order to be entitled to the presumption, the Member must, by written affidavit as provided in Section 92.50, Florida Statutes, verify by written declaration that, to the best of his or her knowledge and belief: (a) In the case of a medical condition caused by or derived from hepatitis, he has not: i. Been exposed, through transfer of bodily fluids, to any person known to have sickness or medical conditions derived from hepatitis, outside the scope of his employment; ii. Had a transfusion of blood or blood components, other than a transfusion arising out of an accident or injury happening in connection with his present employment, or received any blood products for the treatment of a coagulation disorder since last undergoing medical tests for hepatitis, which tests failed to indicate the presence of hepatitis; iii. Engaged in unsafe sexual practices or other high- risk behavior, as identified by the Centers for Disease Control or the Surgeon General of the United States or.had sexual relations with a person known to him to have engaged in such unsafe sexual practices or other high-risk behavior; or iv. Used intravenous drugs not prescribed by a physician. 8 (b) In the case of meningococcal meningitis, in the 10 days immediately preceding diagnosis he or she was not exposed, outside the scope of his or her employment, to any person known to have meningococcal meningitis or known to be an asymptomatic carrier of the disease. (c) In the case of tuberculosis, in the period of time since the Member's last negative tuberculosis skin test, he or she has not been exposed, outside the scope of his or her employment, to any person known by him or her to have tuberculosis. (3) Immunization. Whenever any standard, medically recognized vaccine or other form of immunization or prophylaxis exists for the prevention of a communicable disease for which a presump- tion is granted under this section, if medically indicated in the given circumstances pursuant to immunization policies established by the Advisory Committee on Immunization Practices of the U.S. Public Health Service, an emergency rescue or public safety Member may be required by the City " to undergo the immunization or prophylaxis unless the Member's physician determines in writing that the immunization or other prophylaxis would pose a significant risk to the Member's health. Absent such written declaration, failure or refusal by an emergency rescue or public safety Member to undergo such immunization or prophylaxis disqualifies the Member from the benefits of the presumption. (4) Record of Exposures. The City shall maintain a record of any known or reasonably suspected exposure of an emergency rescue or public safety Member in its employ to the disease described in this section and shall immediately notify the Member of such exposure. An emergency rescue or public safety Member shall file an incident or accident report with the City of each instance of known or suspected occupational exposure to hepatitis infection, meningococcal meningitis, or tuberculosis. (5) Required medical tests; preemployment physical. In order to be entitled to the presumption provided by this section: (a) An emergency rescue or public safety Member must, prior to diagnosis, have undergone standard, medically accept- able tests for evidence of the communicable disease for which the presumption is sought, or evidence of medical conditions derived therefrom, which tests fail to indicate the presence of infection, or, in the case of hepatitis infection. This paragraph does not apply in the case of meningococcal meningitis. (b) On or after June 15, 1995, an emergency rescue or public safety Member may be required to undergo a preemployment physical examination that tests for and fails to reveal any evidence of hepatitis or tuberculosis.. 9 3. Disability Benefits Not-In-Line of Duty. Any Member with ten (10) years or more Credited Service who shall become totally and permanently disabled to the extent that he or she is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a Police Officer or Firefighter, which disability is not directly caused by the performance of his or her duties as a Police Officer or Firefighter shall, upon establishing the same to the satisfaction of the Board, be entitled to a monthly pension equal to three percent (3.0%) of his or her Average Final Compensation multiplied by the total years of Credited Service. Terminated persons, either vested or non-vested, are not eligible for disability benefits, except that those terminated by the City for medical reasons may apply for a disability within thirty (30) days after termination. 4. Conditions Disqualifying Disability Benefits. Each Member who is claiming disability benefits shall establish, to the satisfaction of the Board, that such disability was not occasioned primarily by: A. Excessive or habitual use of any drugs and/or intoxicants, alcohol or narcotics. B. Injury or disease sustained while willfully and illegally participating in rights, riots and/or civil insurrections.- C. Injury or disease sustained or while committing a crime. 137 C.,. Injury or disease sustained while serving in any branch of the Armed Forces. E- a Injury or disease sustained after his or her employment as a Police Officer or Firefighter with the City of Ocoee shall have terminated. F. Willful, w ' eunduct of gn,ss negligence of the Member. Cr. E For Police Officer Members, injury or disease sustained while working for anyone other than the City and arising out of such employment. II. A conditiun pre-existing the Polio, Officer's ur Firefighter's-1r vurbe i lup , Utn.r im.slit al GOudition be established by t,uiiq. ant substantial uvi&nc.,. Member who, after membership in the Systcin, suffers injury, impair nedt, or other medical coi,diiio1i existing at or prior to said ,ncinl,eh ship. 10. 5. Physical Examination Requirement. A Member shall not become eligible for disability benefits until and unless he or she undergoes a physical examination by a qualified physician or physicians and/or surgeon or surgeons, who shall be selected by the Board for that purpose. The Board shall not select the Member's treating physician or surgeon for this purpose except in an unusual case where the Board determines that it would be reasonable and prudent to do so. Any Retiree receiving disability benefits under provisions of this ordinance may be periodically re-examined by a qualified physician or physicians and/or surgeon or surgeons who shall be selected by the Board, to determine if such disability has ceased to exist. If the Board finds that the Retiree is no longer permanently and totally disabled to the extent that he or she is unable to render useful and efficient service as a Police Officer or Firefighter, the Board shall recommend to the City that the Retiree be returned to performance of duty as a Police Officer or Firefighter, and the Retiree so returned shall enjoy the same rights that he or she had at the time he or she was placed upon pension. In the event the Retiree so ordered to return shall refuse to comply with the order within thirty (30) days from the issuance thereof, he or she shall forfeit the right to his or her pension. The cost of the physical examination and/or re-examination of the Member claiming or Retiree receiving disability benefits shall be borne by the Fund. All other reasonable costs as determined by the Board incident to the physical examination, such as, but not limited to, transportation, meals, hotel accommodations, shall be borne by the Fund. If the Police Officer or Firefighter recovers from disability and reenters the service of the City as a Police Officer or Firefighter, his or her service will be deemed to have been continuous, but the period beginning with the first month for which he or she received a disability retirement income payment and ending with the date he or she reentered the service of the City will not be considered as Credited Service for the purposes of the System. The Board shall have the power and authority to make the final decisions regarding all disability claims. 6. Disability Payments. The monthly benefit to which a Member is entitled in the event of the Member's disability retirement shall be payable on the first day of the first month after the Board of Trustees determines such entitlement. However, the monthly retirement income shall be payable as of the date the Board determined such entitlement, and any portion due for a partial month shall be paid together with the first payment. The last payment will be: A. If the Retiree recovers from the disability prior to his or her normal retirement date, the payment due next preceding the date of such recovery, or B. If the Retiree dies without recovering from disability or attains his or her normal retirement date while still disabled, the payment due next preceding his or her death or the 120th monthly payment, whichever is later. Provided, however, the disability Retiree may select, at any time prior to the date on which benefit payments begin, an optional form of benefit payment as described in Section 11 10, subsection 1.A. or 1.B., which shall be the Actuarial Equivalent of the normal form of benefit. 7. Workers' Compensation. When a Retiree is receiving a disability pension and workers' compensation benefits pursuant to Florida Statute Chapter 440 , for the same disability, and the total monthly benefits received from cach combined both exceed one hundred percent (100%) of the Member's average monthly wage, as defined in Chapter 440, Florida Statutes, the disability pension benefit shall be reduced so that the total monthly amount received by the Retiree does not exceed one hundred percent (100%) of such average monthly wage. The amount of any lump sum workers' compensation payment shall be converted to an equivalent monthly benefit payable for ten (10) Years Certain by dividing the lump sum amount by 83.9692. Notwithstanding the foregoing, in no event shall the disability pension benefit be reduced below the greater of forty-two percent (42%) of Average Final Compensation and two percent (2%) of Average Final Compensation times years of Credited Service. SECTION 9: That Ordinance No. 9.6-20, adopting the amended and restated City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund, as subsequently amended, is hereby further amended by amending Section 9, Vesting, subsection 2, to read as follows: 2. If the Member has five (5) or more years of Credited Service upon termination, the Member shall be entitled to a monthly retirement benefit, determined in the same manner as for normal or early retirement and based upon the Member's Credited Service, Average Final Compensation and the benefit accrual rate as of the date of termination, payable to him or her commencing at Member's otherwise normal or early retirement date, determined based upon his or her actual years of Credited Service,provided he or she does not elect to withdraw his or her Accumulated Contributions and provided Member survives to his or her otherwise normal or early retirement date. If the Member does not withdraw his or her Accumulated Contributions and does not survive to his or her otherwise normal or early retirement date, his or her designated Beneficiary shall be entitled to a benefit as provided herein for a deceased Member, vested or eligible for retirement under Pre-Retirement Death. SECTION 10: That Ordinance No. 96-20, adopting the amended and restated City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund, as subsequently amended, is hereby further amended by amending Section 10, Optional Forms of Benefits, to read as follows: SECTION 10. OPTIONAL FORMS OF BENEFITS. 1. In lieu of the amount and form of retirement income payable in the event of normal or early retirement as specified herein, a Member, upon written request to the Board, may elect to receive a retirement income or benefit of equivalent actuarial value payable in accordance with one of the following options: A. A retirement income of a larger monthly amount, payable to the Mcn,l,ei Retiree for his or her lifetime only. B. A retirement income of a modified monthly amount, payable to the Mc,nLci Retiree during the lifetime of the Member Retiree, and following the death of the Member Retiree, one hundred percent (100%), ,seventy-five percent (75%).sixty-six and two-thirds percent (66-2/3%), 12 or fifty percent (50%) of such monthly amounts payable to a joint pensioner for his or her lifetime. Except where the Retiree's joint pensioner is his or her Spouse, the present value of payments to the Retiree shall not be less than fifty percent(50%) of the total present value of payments to the Retiree and his or her joint pensioner. C. Such other amount and form of retirement payments or benefits as, in the opinion of the Board, will best meet the circumstances of the retiring Member. A lump sum benefit will be approved by the Board only in accordance with subsection 7 of this Section 10. 2. The Member, upon electing any option of this Section, will designate the joint pensioner(subsection 1.B. above) or Beneficiary (or Beneficiaries) to receive the benefit, if any, payable under the System in the event of Member's death, and will have the power to change such designation from time to time. Such designation will name a joint pensioner or one or more primary Beneficiaries where applicable. A Member may change his or her Beneficiary at any time. If a Member has elected an option with a joint pensioner or Beneficiary and the Member's retirement income benefits have commenced, the Member may thereafter change his or her designated Beneficiary at any time, but may only change his or her joint pensioner if-the-designated-joint-pensioner-and-the the tiirre of the clang,- twice. Subject to the restriction in the previous sentence, a Member may substitute a new joint pensioner for a deceased joint pensioner. 3. The consent of a Member's or Retiree's joint pensioner or Beneficiary to any such change shall not be required. The rights of all previously-designated Beneficiaries to receive benefits under the System shall thereupon cease. 4. Upon change of a Retiree's Bencficiay of joint pensioner in accordance with this Section, ' the amount of the retirement income payable to the Retiree shall be actuarially redetermined to take into account the age of the former joint pensioner, the new joint pensioner and the Retiree and to ensure that the benefit paid is the Actuarial Equivalent of the Retiree's then-current benefit at the time of the change. Any such Retiree shall pay the actuarial recalculation expensesovera-ge-ofpreviouslippaid . Each request for a change will be made in writing on a form prepared by the Board and on completion will be filed with the Board. In the event that no designated Beneficiary survives the Retiree, such benefits as are payable in the event of the death of the Retiree subsequent to his or her Retirement shall be paid as provided in Section 11. 5. Retirement income payments shall be made under the option elected in accordance with the provisions of this Section and shall be subject to the following limitations: A. If a Member dies prior to his or her normal retirement date or early retirement date, whichever first occurs, no retirement benefit will be payable under the option to any person, but the benefits, if any, will be determined under Section 7. B. If the designated Beneficiary (or Beneficiaries) or joint pensioner dies before the Member's Retirement under the System, the option elected will be canceled automatically and a retirement income of the normal form and amount will be payable to the Member upon his or her 13 Retirement as if the election had not been made, unless a new election is made in accordance with the provisions of this Section or a new Beneficiary is designated by the Member prior to his or her Retirement. C. If both the Retiree and the Beneficiary (or Beneficiaries) designated by Member or Retiree die before the full payment has been effected under any option providing for payments for a period certain and life thereafter, made pursuant to the provisions of subsection 1, the Board may, in its discretion, direct that the commuted value of the remaining payments be paid in a lump sum and in accordance with Section 11. D. If a Member continues beyond his or her normal retirement date pursuant to the provisions of Section 6, subsection 1, and dies prior to his or her actual retirement and while an option made pursuant to the provisions of this Section is in effect, monthly retirement income payments will be made, or a retirement benefit will be paid, under the option to .a Beneficiary (or Beneficiaries) designated by the Member in the amount or amounts computed as if the Member had retired under the option on the date on which his or her death occurred. 6. A Retiree may not change his or her retirement option after the date of cashing or depositing his or her first retirement check. 7. Notwithstanding anything herein to the contrary, the Board in its discretion, may elect to make a lump sum payment to a Member or a Member's Beneficiary in the event that the monthly benefit amount is less than one hundred dollars ($100.00) or the total commuted value of the remaining monthly income payments to be paid do not exceed Threc five thousand five Hundred dollars ($3,500.00) ($5,000.00). Any such payment made to any person pursuant to the power and discretion Lonfined conferred upon the Board by the preceding sentence shall operate as a complete discharge of all obligations under the System with regard to such Member and shall not be subject to review by anyone, but shall be final, binding and conclusive on all persons. SECTION 11: That Ordinance No. 96-20, adopting the amended and restated City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund, as subsequently amended, is hereby further amended by amending Section 11, Beneficiaries, subsection 2, and adding subsection 3, to read as follows: 2. If a deceased Member or Retiree failed to name a Beneficiary in the manner prescribed in subsection 1, or if the Beneficiary (or Beneficiaries) named by a deceased Member or Retiree predeceased the Member or Retiree, the death benefit, if any, which may be payable under the System with respect to such deceased Member or Retiree shall be paid to the estate of the Member or Retiree and the Board, in its discretion, may direct that the commuted value of the remaining monthly income benefits be paid in a lump sum. Any payment made to any person pursuant to this Section shall operate as a complete discharge of all obligations under the System with regard to the deceased Member and any other persons with rights under the System and shall not be subject to review by anyone but shall be final, binding and conclusive on all persons ever interested hereunder. SECTION 12: That Ordinance No. 96-20, adopting the amended and restated City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund, as subsequently 14 amended, is hereby further amended by amending Section 12, Claims Procedures, to read as follows: SECTION 12. CLAMS PROCEDURES. 1. Claid,s of Affected PLrsons. B. Thc Board shall itview the Clain at an initial hvaiii►g and enkr an old '. 1 and-a the order at an The General Counsel and the Claimant dray stipulate to further L s kdsiois of tilde. D. Thc Claimant shall hat the light to be rep ese,it.cd by L.uunsel at culy of 2. Initial Hearing. A. At the initial hearing, the only-evidcncc to be considered-by the Board shaff-be-dnatmentarrevidence-containecFitr the pension filcTincluding tfeating physicians and/or examining physicians and evidence ree ived pulauant to paragraph D. Trtrstuus, there will be du taking of C. Upon completion of the review of the Claiin at the initial hu,alidg, du, order shall include: 15 9L .;u0170 aTp Prm psunoD TrintnD aTp (y 1114T5 aq Rugs SaTTO1 C.T oulj. JO/pur Snor1rsnrIo,p •SfraLLITlafitoNip 2LTTpIMvd FLU SOLIIPU LpTaa ;sg SSnL*9Tro a40011700 r prn `suonsodap 2rnpnpuT [ .s10V3 lip Ja [ owl) g LIsq`plsa Ins Pi""Q aTp `Pa17rptrol aq;Tia T garriM Irrnnnerp jn 1TTPOTTTT7 nT 5rrrrn rcTrn_n TTn J1TTVI n V JO S PbaT ar JO JL'L3 .T LTod p P. � Iii J J� I; � . Il 'D wr-r Ivi3-dfH1TVOQ aqi i pain"OTd •anoqr •3•z unglasgns LTz p g =In pup 2uur-nfiewur Irr 4p pima _�tr�T�atl IIn_f 'c [ - un `pilsnbaz Dun Full ag 1mL''TErtis oar! r1nrT nTp N P"'"Q.04l 30 ur`17"p NI .Q _pun j.szesszaou_s.1_4/044 JT7TTTM un pr-vics nlr7 7n srrnrcrknrrf;rrnrr9T dn� c'V1T T73�r,rn q. l ll [ t�J J _ making of a verbatim record of the procc c�hulgs-shall Lc the responsibility of the Claimant. w1 itlnce or she wishes to have testify at the hearin , . The Claimant may 1cquesl writing thc-issuance of subpoenas by the Board. A icasonable Ice inay Le cliargcd for the issuanc of forth iu Florida Statutes. orthe-General-eottnsel-front reading-parts-of depositionsizr air opening or closing statement. I. Inelevant and unduly repetitious evidence shall be excluded. J. Any person who-knowingly gives false- l—tinxoily is guilty of a misdemeanor of the first degree, punishable-as provided ii -Section 775.082 or 775.083, Florida Statutcs. hearing.. L. All prof . M. In cases concerning an application for pension benefits, including asiotherwise_providecFiyrimr_shazwbe_orrthe_emmant_seeking_to_s, how rning termination of pension benefits including re- a O. Except as to those records which al c t.,aoiLpted fluid Qio FA la of > > > records maintained by the Board arc operrfor inspection andforr-copying during ally decision made by the Ilvaid, with respect to any matter consi&nA at such hearing, the-elaunant rtqucsting all iiutual or full hearing will record-of-the-proceeding-is-made=The-C-laimant-requesting-an-initial-or uthicrwise making a record of the proceedings before the-3luard. 17 Q. The decisions of the Board after the requested full Bearing shall be final and binding. • Board-shall enter a final older setting faith its findings and eoiielusluiib vrdei shall-be pruviued to the Claimant. . S. Judicial-review of decisions of the Buasd shall be sought by the filing of in the appropriate county. 4. Conduct of the roll-Hearing: t,vicleiitialy, pitiLtilitlictiTand-other-legat-questions--that arise-during-the hearing. The Chairman's rulings shall stand n,lless overruled by a inajorlty of the Trustees pltsent—The Chairman shall open the full B. The Claimant shall have the right to be represented by counsel or be self- C. The Clainant shall be allowed to inane an upenulg statement nut tv l.�-eeed-en (10) minutes. and affidavits shall be admissible. E. The Chairman, airy Trustee, tine Geilelal CuuiJlil, thG Claiuiaiit Ol flu. Claimant's cuunse ; questions to any witness during the proceedings. F ' evidence relevant to tin issues, t. •s- , • "uT i'-- witnesses and to respond to the evidence.presented. C. The Claimant shall be permitted a closing argument not to exceed fifteen {15) niintit..s. cugunient and thereafter enter an older as provided-lleltLl. • A. All applications for disability peiisiuiis shall be in wlltiu . I'ulins fol such applications may be provided by the Board. answered ander oath and a liledical lcleasc autliulizatiuu. Both dOeunients will be eoinpletcd by the Claimant and n..tnzned to the General Counsel. 18 7 LuiplOyci, copk.s of iticvald ' , of-otherzecords deemed to by relevant to the Elaiui. The Board shall 7 rz.opi records. D. The General Coulisel will, ifantorized-br.tfiu-Doardrupon-rceipt-of the 7 111edlcal -LAalnulatiod or caalnulatl lls (IMF) with all appcopriaL indk,p.ndent eA Uailncd disability E. Upon rtceipt of the IMF report or reports from the L.Aalllill1116 pllycrphysici-ans—the-General-ecansei-will-pravide-ali-records-of treating �it.ic�11 7y pity.�ll.lail�, relevant worlcrr-b , Board-for inelusiorrirrthe-pensi-orr file-and-the-Boarcl-shail-their schedule L. The Board shall establish administrative claims procedures to be utilized in processing written requests ("claims"), on matters which affect the substantial rights of any person ("Claimant"), including Members, Retirees, Beneficiaries, or any person affected by a decision of the Board. 2 The Board shall have the power to subpoena and require the attendance of witnesses and the production of documents for discovery prior to and at any proceedings provided for in the Board's claims procedures. The Claimant may request in writing the issuance of subpoenas by the Board. A reasonable fee may be charged for the issuance of any subpoenas not to exceed the fees set forth in Florida Statutes. SECTION 13: That Ordinance No. 96-20, adopting the amended and restated City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund, as subsequently amended, is hereby further amended by amending Section 13, Reports to Division of Retirement, to read as follows: SECTION 13. REPORTS TO DIVISION OF RETIREMENT. Each year and no later than March 15th, the Chairman of tilt.,Board shall file an Annual Report with the Division of Retirement containing the following,. documents and information contained in Sections 175.261 and 185.221, Florida Statutes. -1=---Whether-irr fact-tire-City-is-fir compliartith-tfte-provisions-of-ehapters--1-75 and 185, Florida Statutes. countant if regniled by the-Division of Retirerrmunt) 5ln,willg crAletailcd with-the-assets-at-the-begittninrand-end-of the-year: 19 3. A statistical exhibit showuig the maxi of Polio F;rcfghler, oil Pcasion Flan, the uuthbci of Police Offn,c10 laccs and t 4. A statcmcnt of the amount the City has co,lliibuted to the Pt,u i���1Tuiid fi r tL, current-pialr year: 5. If am/bLmfits are i surcd with a comnrcfcial i,isura ce-u npa,uy, the report shall rates, mortality tables, intertst ides and method uscd ill valuing rctiremeatircncfrts. SECTION 14: That Ordinance No. 96-20, adopting the amended and restated City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund, as subsequently amended, is hereby further amended by deleting Section 15, Board Attorney and Professionals, in its entirety. The Board may ' cessary. SECTION 15: That Ordinance No. 96-20, adopting the amended and restated City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund, as subsequently amended, is hereby further amended by renumbering Sections 16 through 22 as Sections 15 through 21, respectively. SECTION 16: That Ordinance No. 96-20, adopting the amended and restated City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund, as subsequently amended, is hereby further amended by amending Section 16 (renumbered as Section 15), Maximum Pension, subsections 3 and 9, to read as follows: 3. Adjustments in Limitations. A, In the event the Member's retirement benefits become payable before age sixty-two 462), the ninety thousand dollar 4$90,000)limitation prescribed by this Section shall be reduced in accordance with Regulations issued by the Secretary of the Treasury pursuant to the provisions of§415(b) of the Code, but not less than seventy-five thousand dollars .($75,000), if the benefit begins at or after age fifty-five (55). In the event the Member's retirement benefit becomes payable before age fifty-five (55), the seventy-five dollar 1$75,000)limitation shall be reduced from age fifty- five (55) in accordance with Regulations issued by the Secretary of the Treasury pursuant to the provisions of§415(b) of the Code. member 20 benefitredured-belvw $50,000.00. B.,. In the event the Member's benefit is based on at least fifteen (15) years of Credited Service,the adjustments provided for in A. above shall not applY- C. The reductions provided for in A. above shall not be applicable to disability benefits paid pursuant to Section 8, or pre-retirement death benefits paid pursuant to Section 7. D If In the event the Member's retirement benefit becomes payable after age sixty-five (65), for purposes of determining whether this benefit meets the limitation set forth in subsection 1 herein, such benefit shall be adjusted so that it is actuarially equivalent to the benefit beginning at age sixty-five (65). This adjustment shall be made using an assumed interest rate of five percent (5%) and shall be made in accordance with regulations promulgated by the Secretary of the Treasury or his or her delegate. 9. Additional Limitation on Pension Benefits. Notwithstanding anything herein to the contrary: • A. The normal retirement benefit or pension payable to a Retiree who becomes a Member of the System and who has not previously participat- ed in such System, on or after January 1, 1980, shall not exceed 100 percent of his or her Average Final Compensation. However, nothing contained in this Section shall apply to supplemental retirement benefits or to pension increases attributable to cost-of-living increases or adjust- ments. B. No Member of the System shall be allowed to receive a retirement benefit or 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 benefit or pension from CUIUtlLL.1 a different employer's retirement system or plan. This restriction does not apply to social security benefits or federal benefits under Chapter 67, Title 10, U.S. Code. SECTION 17: That Ordinance No. 96-20, adopting the amended and.restated City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund, as subsequently amended, is hereby further amended by amending Section 19 (renumbered as Section 18), Repeal or Termination of System, subsection 2, to read as follows: 2. If this ordinance shall be repealed, or if contributions to the System are discontinued or if there is a transfer, merger •r consolidation of government units, services or functions as provided in Chapter 121, Florida Statutes, the Board shall continue to administer the System in accordance with the provisions of this ordinance, for the sole benefit of the then Members, any Beneficiaries then receiving retirement allowances, and any future persons entitled to receive benefits under one of the options provided for in this Ordinance who are designated by any of said Members. In the event of repeal, ur if contddbut u11, Lu thL, Syou.,u,c discontinuance of contributions, or transfer, merger or consolidation of 21 government units, services or functions, there shall be full vesting (100%) of benefits accrued to date of repeal and the assets of the System shall be allocated in an equitable manner to provide benefits on a proportionate basis to the persons so entitled in accordance with the provisions thereof. SECTION 18: That Ordinance No. 96-20, adopting the amended and restated City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund, as subsequently amended, is hereby further amended by adding Section 22, Conviction and Forfeiture; False, Misleading or Fraudulent Statements, to read as follows: SECTION 22. CONVICTION AND FORFEITURE; FALSE, MISLEADING OR FRAUDULENT STATEMENTS. L It is unlawful for a person to willfully and knowingly make, or cause to be made, or to assist, conspire with, or urge another to make, or cause to be made, any false, fraudulent, or misleading oral or written statement or withhold or conceal material information to obtain any benefit from the System. 2.. A person who violates subsection 1 commits a misdemeanor of the first degree, punishable as provided in Section 775.082 or Section 775.083, Florida Statutes. 1. In addition to any applicable criminal penalty, upon conviction for a violation described in subsection 1, a Member or Beneficiary of the System may, in the discretion of the Board, be required to forfeit the right to receive any or all benefits to which the person would otherwise be entitled under the System. For purposes of this subsection, "conviction" means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld. SECTION 19. Repeal of Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 20. Severability. In the event any section, subsection, paragraph, sentence, clause, phrase or word of this ordinance shall be held invalid by a court of competent jurisdiction, then such invalidity shall not affect the remaining portions hereof. SECTION 21,. Effective Date. This ordinance shall take effect upon second reading and adoption, except that provisions for compliance with Chapters 175 and 185, Florida Statutes, shall become effective retroactively on December 31, 1999. PASSED AND ADOPTED this day of , 2000. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk By. S. Scott Vandergrift, Mayor (SEAL) 22 ADVERTISED • READ FIRST TIME READ SECOND TIME AND ADOPTED FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS day of , 2000. • CHRISTIANSEN &DEHNER, P.A. Special Counsel • By: APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 2000, UNDER AGENDA ITEM NO. noc\ocoee\pf\04-19-OO.ord 23