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HomeMy WebLinkAboutVI (A) Second Reading and Public Hearing of Ordinance No. 2000-20, relating to Municipal Police Officers' and Firefighters' Retirement Trust Fund, Amending Ordinance No. 96-20 Agenda 6-20-2000 • • "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item VIA Ocoee S.SCOTT VANDERGRIFT d ITV91st CITY OF OCOEE COMMCSSIONERS .,: DANNY HOWELL a I50 N. LAKESHORE DRIVE SCOTT ANDERSON OCOEE,FLORIDA 34761-2258RUSTY]OHNSON "�"y '.`_.�, (407) 656-2322 NANCY 1.PARKER Os GGOa 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 ted ES:ps POWT Fr EYED LAw OFFICES cut./ CHRISTIANSEN&DEHNER, P.A. d� 63 SARASOTA CENTER BLVD. SUITE 107 Son R.CHRISMNSFN SARASOTA, FLORIDA 34240 PHONE: (941)377-2200 H.LEE DERNER 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, J aws 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. 6201 PRESIDENTIAL COURT. S.W. SUITE 203 FORT MYERS,FLORIDA 33919 MILE TELEPHONE 19411481FACSIMILE 6LE 19411433-5500 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, 1/446A- Ward V. Foster, Jr. WVF/hja cc: M. Lee Dehner, Board Attorney Ellis Shapiro, City Manager ORDINANCE NO. 2000-20 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 TILE 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; ATHENDING 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 N OF SYSTEM; ADDING SECTION OR CONVICTIONTE O 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: ibgulatious immu,d thu,uudw Ly the D,pmthu,ut of Labut and Lh, Lduual Ruveuuc Sci vice, as that Statute and them, icgulatious shall be aiuuld,d. 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 ]eaves the employ of the Police or Fire Department, should nut be i,cmpluyul am a Poli,c Offic.a vi Fi,GgLt,a within five (5) y,ai s, then die 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 or her Accumulated Contributions shall he returned Upon return of Id, ui het aMemher's Accumulated Contributions, all of his or her rights and benefits under the System are forfeited and terminated. Iluwccc,, 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 fmui the Fund, fog those ycais and fiactiuual Fait, of ycais, 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 (90) days after his reemployment. Set vice of tl¢. Alined Fuu,Cs of the United Staas of tht. Uuttcd StatLS M. chant Marine, voIu t- ta,ily six i ivulmita'dy, after swa,aCuu hunt einpluymwd as a A,hw Offtwt with Un- City, fist tin. puipusc of guing vu active duty, shall be aldul to his ui LCr 'car, of Crcdih.d ScniLc for all pUipuscs, including veattug, pursuant to conditions that aiL reyuued Ot peuuit d m'd.a statcand fcda al law, as a,uc+,dcd Lute time to time, ptovidcd that tin- rulieu Offiwt MN„LLI must ,Ctunt to his Oi I,LS cu,pluyu,uul as a Police Offiat within one (1) year limn die date of his of het tuililany discharge ut tcicase Runt active sciviCL m,du 11ouutablc condition's. The years or fractional parts of a year that a fitcfigldcr 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, and iwmploynncnt vtt v, aft..' Dwcu,bct 12, 1994, shall be added to his or her years of Credited Service for all purposes, including vesting, provided that: A. The fhefigha' Member must return to his or her employment as a Police Offices 4t 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. Tl,c Fncfighan MLI,bc! deposits iittu the Fund the ,,hire suui that dre FitcfglitJ Mwntcr would Ian,con tiiIauttd if lw Ot she had touauu,d a riicftgltai duuug fits will ' , a petiodn uulitaiy scrcicc, but nut u,utc than five(5) yea„ui Lc us ,Le will futfcit die light to ,L uli Coive Citul Service fur his lit 6w nulitdty Su viac puisuauttu this Swtiunv The Member is entitled to reemployment under the provisions of the Uniformed Services Employment and Reemployment Rights Act (USE} Al P.L 101-353) C. The maximum credit for military service pursuant to this Secticif paragraph shall be five (5) years. D. In oidci to qualify fur the putelasc of Cscdit.d Setviw puisua,d tv thus StLtion, the. Fucfighat Membct must have bats disuhaigcd Ot iclascd lion' sctvlec under Iunutablc Wuditious[ E. This Sccliou i5 waudcd to mat Ot LACu.d the minimum tujuitwwut of tiw Uniformed Si.,rvias Employment and Rwmployme„t Rights Act (USDRRA), (P.L. USERRA, as it niay be auwudcd twin thin- lv Lime, the uuuiumw standaida shall 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 nsation, benefit accrual be rat eas off the n datefthe Membereceases to be ae Final oPolice Officer or Firefighter.Service and 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 or ther advisors.it shall dooses to se sothe onlytty's legal counsel under terms and conditions acceptabe professional.he Boardchnical or other 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. g 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. a Net her the Bi rr_any T tee shall he liable for the makine. retention or sale of any investment or reinvestment made as herein provide nor for any loss or diminishment of the Fund except that due to his orits own negligence willful misconduct or lack of good faith 137 g 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. fr C, 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. Fy 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. L 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. FI- 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. i-: K, 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. ie 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 Last 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- dons 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 Lff servidaliability,S Sy ` �u Lizi VL`(u )is as provided in Part VII of Chapter 112 Florida Statute�sti .. 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 he ui rewauicd a Police OffiLci us Flicfg6tos 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 based upon his or her actual s of Credited Service.; or benefit which shall commence on his B. An or her nearly tretirementrdate and e t 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 Members 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 bility Benefit In T ine of Dutv. 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 disabilitybenefits it except thirty h0 t at hose terminated by the City for medical reasons may apply y disability 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 ided ther, that such evidence not applyc to benefits payable orh condition; and vgranted rinf a policy ofliee insurance shalltion 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 cam 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 'mown or reasonably suspected exposure of an emergency rescue or public cafety 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 m y apply for a disability within thirty (10) 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, alwIul or narcotics. B. Injury or disease sustained while willfully and illegally participating in rights, riots and/or civil insurrections; C. Injury Ot disuasc suotaittud or while committing a crime. Dv C< Injury or disease sustained while serving in any branch of the Armed Forces. fr I2. Injury or disease sustained after his or her employment as a Police Officer or Firefighter with the City of Ocoee shall have terminated. I'. Willful, vs-anion of LiLutioual uusuouduCt us gnus uugligutiCc of the Mumbet. E, For Police Officer Members injury or disease sustained by die Mcnribel while working for anyone other than the City and arising out of such employment. II. A Loud:tion plc-cAimt:ttg di,Puli1,e Offiuui'M u, FinhigIIGa'M nnu,nLa.t Mluy wietlwt ill liiw of duty us nut un Luc of duty, be-aus,.. of ut due to die aggravatiuu of a opuuf c injury, uupauuwni m otlwt unudtual wuditiunt plc-LAiatutg at die thou of un.nibetalup du till, Syotuu, pt uvidud that MAUL p,u-u,�:MGug wuditiuu and ie sulatiuusluy to a latut nputy, nhlpauututd ui udret tuula.al utntditiuu Lc wtaLfislicl by wutpctuut Mubstatdial ev:dwee. Nutlthtg hcncitr shall y yuttatuutu a Munrici Who, aflet rnerubcislup in die Systtut, suffLas an injury, irupaiutwnt vi uthut urudival uunditiOn diffutcut (runt aun,c Otltut injury, impantuwut, ur Odnu uredieal Lu nd:hmt caroling at us piius tO said 11i.nnLCL 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 I1 10 subsection 1 A. or 1 B which shall be the Actuarial Fquivalent 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 o. Suuial &Luiity disability Laiefits, for the same disability, and the total monthly benefits received from ..ad' sombiln.d b_ th 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 dsaility b Compension band tenefit he reduced below the greater of forty-two percent(42%) of Aver• .- Fisa percent (2%) of Average Final Compensation times years of Credited Service SECTION 9: 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 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: S-ECTION 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 Member Retiree for his or her lifetime only. B. A retirement income of a modified monthly amount, payable to the M..uabci Retiree during the lifetime of the Member Miree, 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 In Beneficiary at a y time If a Member has elected an option with a joint pensioner or Butcfit,tary 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 tiro dusignated joint yensiotwt and the MLmtbet witc a aloud at the time of MCrtibc 'RLwwucmL and an. divinued subetsiut.nt and dtt,juud pt,uotumta is alive at the timid of the elmugu tyke. Snhj.eet to the restriction in the Previous sentences 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 Beu..a..iaiy tit joint pensioner in accordance with this Section, the Buatd shall adjust dtL Pt-filet-'s tnumtldy bctttSa by application of actuarial ..aleulatiuns tu i<tsua, the amount of the retirement income payable to the Retiree shall he 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 chang- . Any such Retiree shall pay the actuarial recalculation expenses and shall nat.. iLpayntent of ally uvteagc of plLviuunly-sat pt.mSiutt LL.m0Gts as a result of said rt.ealwlatiullS. 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 ($100.0Q) or the total commuted value of the remaining monthly income payments to be paid do not exceed TIu“, five thousand Fivc IIundu.d dollars ($3.500.00) ($5 000 001. Any such payment made to any person pursuant to the power and discretion Lord-rail 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. 3. 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. CLAIMS PROCEDURES. T-- msvf._.rc A. TILL Duad of TnuatLu ahall 6/Call all uuual Inciting upon awupt of a wudcu,Lquut ("Claim"), On umltL,a wluLh affimt dl° .ubatantial iigllb of any pLiauu ("Claimant"), including McuLLCts, Rtthcu, BLucfiLiaiie , m any pu,aon affcct&d by a dLuiSion of du- Doan! of T,uat°ta. B. Thu Board almall ,uviuw Ill° Clan„an an uudal Twining and Lutz an to lot within'Linty (90) days hon. dhc dat_ of iuuLipt of tic Claim and, i, thL t.a,L of disability L1aLm,5, iuccipt by dhc Band of a wmi,a„ nhcdfl,al t Ll°aau aud,u,ieation in a fowl apptovLd by tin. GLLLLnal Cuunsul and a LOulylucd act of iutcrru:. • pr=partd by the Gu.tcta! CuunaLl and pnovidud to flu Claimant. Thu Doad may CAtcud dmctunc fun uututung thu 'Atka at an udtal heating for an additional ninety (90) days if it d tummunCa SwAt that ma nUaaSary fun fall discovery and adcquatu icvicw. .,Atum5iuu5 of thin. G. It shall be the function of ttc GLmc,al Coummul, dioughout the dahlia pt,uLdu,e, to a slat die Boa,d in thy diauuvtay and picauntation of uvidwcc in mdui to aaaute that tin Board ,wuvu all ±L1Cvai,t infinmation ptiut to time Btaid's duuisiou. I✓. Ti ,.C uaa a{nab IavL tm.. ,iglu to LL iLpme-Nini.d by ..uuua..l at an) oh all times duoughout Chu claims pnuuudu,u. A. At the initial healing, the-only evidwwe to Lu LonaidiaLd by the Bland shall by duLu,nuntaiy cvidLnLL LontauiCd iu the pumaiou file, induct' but nut hmitLd tu, uu nuapoudumCC, sindical iceoida and iepoib of beating physiunai5 and/u, LAaiuilutg plhysiLmanS and cvndunCc sCLeiy Cd} ]Rh,quad tO pal agnapli D. D. Ot,Ls than qut tiOnS front Hu, Trnat3-4-5, dhurc will bu no taking of additional uvidu,ud, at tic initial Iivanung, LALLpt that tw Claimant will LL a ff0ldLd f,fLLn (15) nlu,utLa to make a ptuu,tahou, which alma Li, lumtud to cOifLuunta and/or aguiiu.il as to the uv,dunuu ut n,futmattu,l ahuady LoutaiiLd in tin, pumio am fill, uiuludmg dw apust of tit' Laauuuiug phys.Cian. C. Upon cumph,tit)n of tin 'uviuw of tin- Claim at tll nlitlal IiLan,g, flu Road shall cutL, am ondL, acttmg kith ib fmdiigs and ..unuluiona on the Claim. Thu written mdut aliaB be plovidLd to tw Claivad. Thu ondcn hhall iiuludu. 15 (1) The specific findungc and wuelusiuls of the Ductal, including specific icfucui,ea to putuwnt yivvhsiumn of die System on which sucli conclusions ale based, (2) A deseliptiom of any additional malwial vi iufuiulaliou that tie Boatel may deem necessary for the Claimant to yeifect Ids ut lid Cianu, togediei watt the reasons Why such uiateual Oi Unfut'naa- bun iS necessaty, and (3) An explanation of die tight to a full healing on die Clain and ale true mint in winch a full beating must Le ieyuestcd ui wiituiy. Leaving. 3. Full c am' A. Any Claimant nay it-quest a full beating On the issues pit-sent-4 to the Boa1d at an initial heat hig and upon vidclt die Boad has Lash-tad an tide, as piuvidcd Lt subsection 2.C. above. B. A full liemhng must Le a-quested by the Claimant widths ninety (90) days of tine ieeeipt of tic BOad's onden. The uadu will Lc dceiied iecervcd that., (3) days following tine date it is whaled to Claimant at the addiess provided to die DUatd by Claimant. C. UCpui& 1eL A t UI die it-guest ;La a full Leming and eui,,iU.dm(' di amount of-di fo1 the full twining and cause notice to be given to the Claunant. The dewiest hum Ilse Clannaot. TLc full hicauig may Lc ywlyoned, if 1n,eessay and with the consent of the Claimant, to ycltidt full discoveiy of the facts. D. Copies of all documents to Lc offiied into evidence at the full begin including depositions, and a complete witness list with names at addiusses of witnesses t,xpeeted to be called, shall be fuiidaled to tine Duad and tic General Counsel by die Claimant at least twenty (20) days piiui to tine full hcaun . DucUmcta nut fuinishcd to tm Boad widmt tile pnesuibed time luhdl may be cxcluded hum evidence at the full heating if a masunablc explaiatioi is nut pvvided Cut tic delay nt lnvvidung the dueunaeiib. D. A Claimant of die GCnetal Counsel may obtain discuvay by deposition and/ot i teuugatuiies yiioi to the full Leanng. Wiitu n nutlet, of any and tic Claimant. f'. Tic costs of any diseovely, except discuvay v.-quested by ticBoaid vi the Genial Counsel, the appeal/met. of witnesses at the heating, and the 16 making of a oe1batim ICculd of tie plum-cdingn shall be dte acnpunnibility of the Clain ant. G. TIw Claimant shall bu icspunsiblc, fun the appearance of ally wilnuss n wlueh lie in she wisllestu have testify at the heading. The Buand s11.411 IlUwLVN, have Jlc pOwe1 tM subpoena and tequue die attendance of witlLSSa and the pnoductiou of documents fun diseuveiy pilot to and at the plocLcdigs pluvidcd for hcstan. Thu Claimant may request ut waiting the issuance of subpoLdas by die D0and. A teanonablc f c way be el angLd f01 the issualhcL of ally nubpounan nut to 0Acced t!e fees nut fuil! in flu1ida Statnten. II. Ttstuuony at the full Leaning may be submitted in dm fond! Mf d dLpunitiOn. Ikpusiticortmtely submittedwill-tau past of the ILCOIJ befulL t1L Buatd at the full Ibeanulg and will nut be lead in totality at the full bwsutg, piovidcd liowcven, that dun does nut pie-elude the-Clailumt 01 dlu GeiLnal Counsel Gum nuading pasts of depusitiuun in all opening sir cloning stntumeut. J. Any pesson wltu knowingly gives false tentimmuy in guilty of musdLuleanOi of the fuel degieu, punishable as psuvidLd dl Section 775.082 01 775.083, Ronda Statutes. K. The file maintained by Jho 'Dowd, including but nut Iumitcd to vaniuus 111LJita1 sepunts dnLneill, in pant of the lewnd fickle the Bond at the full heal iug. L. All ploeeedillgn of die Bland si all be LonduLtea h1 public. 1V1. In eases contenting an application fill pension bone its, ueluduie application fin disability netihedheut benefits, d!c bmdetn of proof, cACCpt as odnenwisc psoviJLd by law, !hall Liu on dm Claimant seul.utg to slimy entitlement tit ouch hiLuILfnts. N. ht eases eunemimag LnlNnatsOn of pensiun bGwfits inLludmtg tee examination of Rutuees ILLLiving disability let:lenien t benefits, the 11hjULn of woof shall be on the BMand. Q, f.zLept aS to dlosc ICLonds wluull and Lnemlpted hull! the pwvi5iuun Of Chaptun 119, f1o11da Standen, Ilunida's uhlic RLLond Law, taunt maintained by dlL Duaid alL apt ten fun ulspectium and/un uupyimg IvJulurg lmlal business hours at-a ncasolable cost fot the copying. £. Should a Claimant scqucsting an initial 01 full healing decide to appcd+ any duciniuu made by dhu [Maid, with IunytLt to any mattes evusideled at such! healing, the Claimant iLquestiug an initial of full heating will mein a Iuwid of the psuccedutgs add inlay ULOJ to assmc dal a vLabatin fluid of the plucueduhg is made. Tlse Clanitnalht lequcatutg an uubal 01 full Ineasuhg will tic nesponnible fin obtaining a Loud 'epodes us utlun wino nhakimg a ILCOIJ of the psoLLCdhngs befoic the"Maid. 17 Q. Tic dcclsivms of tic Duaid afad the icqucstt,d full Leasing shall IA, final and binduig. and a copy Uf the ovdu shall Lc pvuvvidud to Till, Clauuant S. Judiuial ,,view of duuisious of the IIvavdslhall Lc sought by the filing of a timely petition fur wilt of uubu'avi with tm ClLalu Uf tic Ciiuuit Cum t7 in dicappsopuate county. A. The Clvauman shall p.csidc ovU. the hearing and shall rile Ou all lmaung. Thu Chauuiat's Luling? shall stand mdus uvciiulud by a inajuuty of die Tvuslcw ptwuu. Tine CLA.mdn. shall upun hie full licahuig by explaining din pnoucdums to be followed. D. The Claimant shall have die Light to be iup.cscntud by cuuf5ul or tic scif- iupiLscntt.d. Tlic Geneva' Counsel shall advise die 1•luatd. C. The Claimant shall by allowed to nmal c au upuhuig abatement nut to D. Testimony of wibmsscs shall be undue oath os affimuatiou. Dupusitivis and affidavits slmll Lu admssiblu. i.. TILL Guthman, ally Tvustuu, din Gun..val Cvunscl, Wu. ClaunanL UL du, Ciaummhf? cuuiscl, upon vu,ughutiOn by do- Chauuna., may dncut quustiuns to any wibiuSS during dm pvouccdurgs. F. Cithci the Claimant Os the Geucial Counsui shall Ihavu the Light to picsc.rt uvidun.c vulcvo t hi tint, issues, to L IU?s examine wibiusus, to uupcaulr wibius5u and to vuspoud to dm evidence pvcsuutud. G. Tic Claimant shall be pi-matsd a Musing aguiuut nut tu cant ud f ftuun (15) n.uhutus. �1. The Undid shall duhbevatc and malt a decision fulluwuhg uhsinlg aiguumlt and tnucaftcv vutui ail oidui as piuvi iA l.chciii. 5. Des ' ity Cla' - Ad ik 1 Ro c cs. A. All appficatiuns fun disability puuSiums shall Lc, in wilting. Twins fob such. appfivatiois may Lc piuvidcd by dnc Buaad. B. Upon icccipt of die applivation for disability, the Gume.ai Counsel will psuvidc the Clauuait with a set of utulugatuucs in qucstiuus tu be aiswevcd u.de] oath and a mSJival ,ukase audws.mtiu,l. Both duuuuiunb will bu wu.plctud by tic Claimant and 'chimed-to-the-General EUmnScl. 18 C. Upon 1cl.Cipt of dlc ptopVlly bolllt)btbd nitlllugatuliL4 and wtdiLal floral all lcicvallt heating physicians, pldbuLLlcl lcl.uld3 hum fist bnuplvycl, topics of Iblbvand wohl.cls' cOulpcusativu lbwhdS, gild boplw of vdlcl lwosds dbulcd to bt, Iblbvaut to thc Clain'. The Boatel shall pap how die Fund, tilt cost of any up.dieal oaallunatiollb lbquilcd by tw Board and fol copies of u1Cdibal 1ecohds. D. The Geuual Couusbl will, if authohi<cd by tilt Bvad, upon lwi.ipt of dhb mbdibal I>,b01db flow dlb hcalulg physlblaa({iipo.(r, ot.lu.dulc an indcp.udcnt mednal cAanulmlion ut csalninatiOns (IME) with all apptupliatl. lndbpuld_ll. cAauinulg pllysival uI pllyelblans who will be (ALAI to undid all opinion about Clauhfant's pllyslbal bulldltwll as It lblatbs to fist. T tlauubd disability. {� L. Upon sc .ipt of tip. IME Icpult ui Icput Ls twin tilt bAanwwhg phybiLiall m pllysibialls, dlb Gboblal Comusbl will pluvidc all itboldb of tlbatuig pity sibialIS, l kale valll wulkinall's buulpbusatluu l.laulm ILLvsds, dlb nldtp..udbnt I HICdibal evaluation, and all Mims ltlbvad duculuplltS tv tip. Board ft,r inclusion imthc pbnlsiOit rde and die Bonn' shall titbit sbhbdulb the initial heating. L The Board shall establish administrative claims procedures to he utilized in processing written requests ("claims") on matters which affect the substantial rights of any person ("Claimant"). includm' Members Retirees. Beneficiaries. or any person affected by a decision of the Board. ?. 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 prorerdinos provided for in the Board's claims procedures. The Claimant may request in writing the issuance of subpoenas by the Board A reasonable fee m•y 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 Cllailulah of tip.. Board shall file an Annual Report with the Division of Retirement containing the follow ing. documents and information contained in Sections 175 761 and 185 221 Florida StaP't s 1. WIIbdiel in fast tilt City is tit colllplianet. with the plovisiOlhs of Chaptbls 175 and 185, Flo ' aSatts. 2. A cm-tilled slatetm.nt of abbounting fv1 die most lcocut fiscal ycat of the City (La ah illdbpbndcnt audit by a whtifibd publib abbountant if Ibqullbd by tic Div'mitts. of Rbliienomt) showing a dbtailbd listing of assbes and ulbdlods usbd to value them and a atatuncnt of all 2nwuhc cutd disbulsclucnb dutulg fish ycal. Stall IIIbOulc a1d disbmoclucnts shall bcltcoubilcd with do- assbtd at the beginning and cud of the yea'. 19 3. A statistical cnlubit showing thc uuu1Lct of Puliw Offiuun s and Fincfiglttcuu oir thc fo'ue of dnu City, the n umbct included in dtc Pcnsion Plan, thu uuunbct of Puliw Officcis and Finefiglacis utuhg:Lle, ehassifiud accu'duns tu the teaauns fut dtuu Luutg unulig:blc, and thu imuibci of Rut,tuus and dtun buncfiuiaius iuu.ivung punmiun paytnunb and du. auuniu of annual nutucnuunt atcoutu U. pension payments being rucc:0ed by theism. 1. A stat.ment of tine amount the City has uotmibuL.d to the nnmioni Fund fm thu pwwdung plan pars, and dnc manna dic City will couttibutt. tu dic Penmiun fund fun this cuitcut plan yuai. 5. If any buncfib a'c inSuiCd with a uvnuncruial insuiaitcc ennipanny, the icpurt shall :nnuludc a stateutuut of the 'ulatiouslup of thin umnied beuufib to the beituits pnvv:dud by this OidumiCo. Thus iupuit shall also-contain mfouuatiuu about die insult', basis of y'c niuut iatcs, Mortality table, nduwt iatus and method used in valuing ietueuiuut buucfiLs. shall be ysupaud by an cmullud actuay whu :s cutullud nude Subtidc C of Tidu 3 of flu cuutity Act of 1974 and who is a munibui of d'u Suuicty of 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 Duad nay utnuluy iudupunduut luaal cuunsul at do- St atcui's ur.punw foi dnc pwpusc5 uumainud Latin, tunuuiui with suuli udiui p'uicssiunnal, tculuuuai, ui udi..n advisuis as tine Doan] ducats iwucsaiy. 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 I imitations. Q., In the event the Member's retirement benefits become payable before age sixty-twQ(62), the ninety thousand dollar($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($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. A-Member 20 with at least frfitt.0 (15) yeaSof G..ditLd Swviec may mit have thL kILLft .Ld,.Lcd hjow $50,000.00. H. In the event the Member's benefit is based on at least fifteen (15) years of Credited Service. the a.justments provided for in A. above shall not apply. Ct The reductions provided for in OIL plL.viuuN two yaAag1aplls A above shall not be applicable to disability benefits paid pursuant to Section 8, or pre-retirement death benefits paid pursuant to Section 7. p, 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 auothia 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 or 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, ui ;f wuhihutions to tilt. Systcnc a.� dis.,uI.tinuLd discontinuance of contributions or transfer merger or consolidation of 21 • government units cervices 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: FALSE, MISLEADING OR UDULENT STATEMENTS. It is unlawful for a person to willfully and knowingly make or cause to be made 9r to assist conspire with or urge another to make. or cause to be made a y false fraudulent or misleading oral or written statement or withhold or conceal material information to obtain qpy benefit from the System 2. A person who violates subsection I commits a misdemeanor of the first degree punishable as provided in Section 775 082 or Section 775 083. Florida Statutes 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 he required to forfeit the right to receive any or all benefits to which the person would otherwise he 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 By: Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) 22 ADVERTISED READFIRST 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\ocoee1pfi0419-0O.o,d 23 Copy of Public Hearing Advertisement Date Published The Orlando Sentinel,Thursday,June 8,2000 K-3 Advertisement CITY OF OCOEE NOTICE OF PUBOC HEARING ORDINANCE N200020 NOTICE HEREBY GIVEN Section 1166.0411,Florida Statutes, to that on Tuesday.June 20.2000,al 7 15 the b of Clty Commis�s�ryyi n will as ho6la a Chamb Hearing. 50 Name Lakeshore Drive,D Ocoee,Florida,to oonsidet on Ice sac. ond of Iwo readings aooption o1 the fob lowing Ordinance: AN ORDINANCE OF THE CITY OF OCOEE.FLORIDA.RELATING TO THE CITY OF OCOEE MUNICIPAL POLICE OFFICERS'AND FIREFIGHTERS' RE- TIREMENT TRUST FUND,AMENDING AND RESTATING IN FULL, ORDI- NANCE NUMBER 96.20. AS SUBSE- QUENTLY AMENDED. AMENDING SECTION I.DEFINITIONS.TO DELETE THE DEFINITION OF 'ACT' AND AMEND THE DEFINITION OF'CREDIT ED SERVICE' AMENDING SECTION 3 BOARD OF TRUSTEES. AMENDING SECTION < FINANCES AND FUND MANAGEMENT.AMENDING SECTION 5,CONTRIBUTIONS.AMENDING SEC- TION 6 BENEFIT AMOUNTS AND EU- GIBILITY, AMENDING SECTION 7. PRE RETIREMENT DEATH:AMENDING SECTION B. DISABILItt,AMENDING SECTION 9 VESTING AMENDING SECTION 10.OPTIONAL FORMS OF I BENEFITS:AMENDING SLC'IOrv 1 BENEFICIARIES AMENDING SECTION ' 12 CLAIMS PROCEDURES.: INO SECTION1T.REPORTS TOTHG DIVISION OF RETIREMENT.DELETING SECTION BOARD ATTORNEY AND PROFESSIONALS, AMENDING SEC, TION 16, MAXIMUM PENSION: 19.REPEAL OR TERM NATION OFMENDINGON SYSTEM: ADDING SECTION 22,CONViCTION AND FOR- FEITURE: FALSE. MISLEADING OR FRAUDULENT STATEMENTS.PROVID- ING FOR SEVERABILITY OF PROVE IN CONFLICT HEREWIT HNG AUNG ALL IHH AN DINANCES PRO- VIDING AN EFFECTIVE DATE. The City Commission may Conlin,*the public hearing to other dales and limes hey deem necessaryny mleresed : daesoatminuoom shall be that n f be anntnounced during)the hear ngsand matters wo illnet be publisheregarding these maA copy of the proposed Ordinance may be mspecled at the Office of the City Clerk, 150 North Lakeshore Drive,be, ewaen the)hours of BOOF m and 500 appear at thea_day throughe nd erhles d e0- gardenproposed=Or be g the Opeal any Any m, soon person who desires tohearing a gew need a record of m igs willd ' r this purpose maypno For a verbatim record of the)to togs is made which includes the leslb pny and evidence upon which the ay. eIs based.Persons with disabditin I needing assistance to participate in any of the proceedings should contact ma Orly re Clerk s Office ce non rn advance I of meeting an+0D 9053105 JEAN GRAFTON. CITY CLERK CITY OF OCOEE SL J34ES47 June B.2000