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HomeMy WebLinkAboutOrdinance 94-06 ORDINANCE 94- 06 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING ORDINANCE 91-09, THE CITY OF OCOEE MUNICIPAL POLICE OFFICERS' AND FIREFIGHTERS' RETIREMENT TRUST FUND BY AMENDING SECTION 1 TO PROVIDE FOR CREDIT FOR VESTING FOR CREDITED SERVICE ACCUMULATED IN OTHER CITY PENSION PLANS; AMENDING SECTIONS 2 AND 8 OF THE RESTATED PLAN, TO PROVIDE FOR AN EXCLUSION FROM DISABILITY BENEFITS FOR NEW MEMBERS FOR DISABILITIES RESULTING FROM PRE- EXISTING CONDITIONS; ADDING SECTION 25 TO PROVIDE FOR PURCHASE OF CREDITED SERVICE FOR FAMILY MEDICAL LEAVE TIME; ADDING SECTION 26 TO PROVIDE FOR DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; PROVIDING SEVERA- BILITY OF PROVISIONS, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFEC- TIVE DATE. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Ordinance 91-09, adopting the restated City ofOcoee Municipal Police Officers' and Firefighters' Retirement Trust Fund is amended by amending Section 1, Definitions, Credited Service, to add subsection D. and additional paragraph as follows: D. The Police Officer or Firefighter was discharged under honorable conditions. 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 ~onsidered in determining benefits under this System. Only his Credited Service and Salary under this System on or after his 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 has become a member of another pension system maintained by the City. shall be based upon the Member's Average Final Compensation. - 1 - Credited Service and benefit accrual rate as of the date the Member ceases to be a Police Officer or Firefighter. SECTION 2. Ordinance 91-09, adopting the restated City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund is amended by amending Section 2, Membership, to read as follows: SECTION 2. ME:MBERSHIP. 1. Conditions of Eligibility A.... All Police Officers and Firefighters as of the Effective Date, and all future new Police Officers and Firefighters, shall become members of this system as a condition of employment. B. All future new Police Officers and Firefighters shall be required to complete a medical examination as prescribed by the City. Based upon medical evidence of a pre-existing adverse health condition. resulting from the prescribed examination or other records or medical history. the Board may declare any Member ineligible for disability benefits hereunder. as related to such pre-existing condition. Each declaration shall be reflected in the minutes of the meeting of the Board at which such declaration was formally adopted or established by the Board. 2. Membership Each Police Officer or Firefighter shall complete a form prescribed by the Board providing the following information: A. f..eeeptancc of the terms and conditions of the Retirem.ent System, and, BA. Designation of a Beneficiary or Beneficiaries, and, GB. A certified sworn statement as to prior medical and psychological history, and - 2 - C. A written release and waiver of right to privacy permitting the Board to obtain. discuss and distribute all medical records to the Board. the Board attorney. and any medical professionals retained by the Board. 3. Change in Designation of Beneficiary A Member may from time to time change his designated Beneficiary by written notice to the Board upon forms provided by the Board. Upon such change the rights of all previously designated Beneficiaries to receive any benefits under the System shall cease. SECTION 3. Ordinance 91-09, adopting the restated City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund is amended by amending Section 8, Disability, subsections 1, 2, 3 and 4 to read as follows: Section 8. DISABILITY. 1. Disability Benefits On-Duty. Each Police Officcr or Firefighter Any Member who is a participant in the Pension Fuad System and -Nho shall have become totally and permanently disabled while an active 1iember of the Ocoee Police Of' Fire Department to the extent that he 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 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 two and one- half percent (2.5%) of his 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. Any condition or impairment of health of a Police Offieet' or Firefighter Member caused by tuberculosis, 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 Police Offi-cer or Firefighter Member shall have successfully passed a physical - 3 - examination upon entering into such service, including cardiogram, 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. 2. Disability Benefits Off-Duty. E~/ery Police Officer and Firefighter Any Member who is a partieiP8fl.t in the PeRsion Fund System with ten (10) years or more Credited Service who shall have become totally and permanently disabled to the extent that he 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 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 two and one-half percent (2.5%) of his Average Final Compensation multiplied by the total years of Credited Service, but in any event the minimum amount paid to the Member shall be twenty-five percent (252D of the Average Final Compensation of the Member. 3. Conditions Disqualifying Disability Benefits. Each Police Officer or Firefighter Member who is claiming disability benefits shall establish, to the satisfaction of the Board, that such disability was not occasioned primarily by: A. B. C. D. E. Excessive or habitual use of any drugs and/or intoxicants, alcohol. Injury or disease sustained while willfully and illegally participating in rights, riots and/or civil insurrections. Injury or disease sustained while committing a crime. Injury or disease sustained while serving in any branch of the Armed Forces. Injury or disease sustained after his employment as a Police Officer or Firefighter with the City of Ocoee shall have terminated. - 4 - F. Willful, wanton or intentional conduct or gross negligence of the Member. G. Injury or disease sustained by the Member while working for anyone other than the City and arising out of such employment. H. A condition pre-existing the Police Officer's or Firefighter's membership in the System. No Member shall be entitled to a disability pension. whether in line of duty or not in line of duty. because of or due to the aggravation of a specific injury. impairment or other medical condition pre-existing at the time of membership in the System. provided that such pre-existing condition and its relationship to a later injury. impairment or other medical condition be established by competent substantial evidence. Nothing herein shall be construed to preclude a disability pension to a Member who. after membership in the System. suffers an injury. impairment or other medical condition different from some other injury. impairment. or other medical condition existing at or prior to said membership. 4. Physical Examination Requirement. A Police Officer of' Firefi-ghtcr Member shall not become eligible for disability benefits until and unless he 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 Police Officer or Firefighter 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 dis- - 5 - ability has ceased to exist. If the Board finds that the retiree is no longer permanently and totally disabled to the extent that he 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 Member 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, Member shall forfeit the right to his pension. The cost of the physical examination and/or re-examination of the Police OOicer or FirefightoF Member claiming tm6for retiree receiving disability benefits shall be borne by the B08.l'd of this Pension Fund System 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 Bo8:fd Fund. If the Police Officer or Firefighter recovers from disability and reenters the service of the City as a Police Officer or Firefighter, his service will be deemed to have been continuous, but the period beginning with the first month for which he received a disability retirement income payment and ending with the gate he reentered the service of the City will not be considered as Credited Service for the purposes of the Pltm System. The Board shall have the power and authority to make the final decisions regarding all disability claims. SECTION 4. Ordinance 91-09, adopting the restated City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund is amended by adding Section 25, Family and Medical Leave Act, to read as follows: SECTION 25. FAMILY AND MEDICAL LEAVE ACT. The fractional parts of the twenty-four (24) month period ending each March 1 that a Member is on leave without pay from the City pursuant to the Family and Medical Leave Act (FMLA) shall be added to his Credited Service provided that: - 6 - 1. The Member contributes to the Fund the sum that he would have contributed, based on his Salary and the Member contribution rate in effect at the time that the Credited Service is requested, had he been a Member of the System for the fractional parts of the twenty-four (24) months ending each March 1 for which he is requesting credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the Fund ~ payment of costs for all professional services rendered to the Board in connection with the purchase of periods of Credited Service. 2. The request for Credited Service for FMLA leave time for the twenty-four (24) month period prior to each March 1 and payment of professional fees shall be made on or before March 31. 3. Payment by the Member of the required amount shall be made on or before Apri130 for the preceding twenty-four (24) month period ending March 1 and shall be made in one lump sum payment upon receipt of which Credited Service shall be issued. 4. Credited Service purchased pursuant to this section shall not count toward vesting. SECTION 5. Ordinance 91-09, adopting the restated City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund is amended by adding Section 26, Direct Transfers of Eligible Rollover Distributions, to read as follows: SECTION 26. DIRECT TRANSFERS OF ELIGmLE ROLLOVER DISTRIBUTIONS. 1. General. This Section applies to distributions made on or after January 1, 1993. Notwithstanding any provision of the System to the contrary that would otherwise limit a distributee's election under this Section, a distributee may elect, at the time and in the manner prescribed by the Board, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. - 7 - 2. Definitions. A. Eligible Rollover Distribution: An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectan- cies) of the distributee and the distributee's designated Beneficiary, or for a specified period of ten years or more; any distribution to the extent such distribution is required under section 401 (a) (9) of the Code; and the portion of any distribution that is not includible in gross mcome. B. Eligible Retirement Plan: An eligible retirement plan is an individual retirement account described in section 408(a) of the Code, an individual retirement atmuity described in section 408(b) of the Code, an annuity plan described in section 403(a) of the Code, or a qualified trust described in section 401(a) of the Code, that accepts the distributee's eligible rollover distribution. However, in the case of an eligible rollover distribution to the surviving Spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity. C. Distributee: A distributee includes an employee or former employee. In addition, the employee's or former employee's surviving Spouse is a distributee with regard to the interest of the Spouse. D. Direct Rollover: A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee. - 8 - SECTION 6. Repeal of Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7. 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 effect the remaining portions hereof. SECTION 8. Effective Date. This ordinance shall take effect upon second reading and adoption. AtKlL PASSED AND ADOPTED this / cr & day of ATTEST: (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS lIMy day of 19p1/'.l/ , 1994. dm\ococc\031694pf.ord ,1994. AI'PROVED: CITY OF OCOEE, FLORIDA By: tL:V::d;;~{~~rr1i ADVERTISED April 7 1994 , READ FIRST TIME April 5 , 1994 READ SECOND TIME AND ADOPTED Mil L /q , 1994 APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON ~UL (9 , 1994 UNDER AGE A ITEM NO.""Sf. 1\ ~ . - 9 -