HomeMy WebLinkAboutOrdinance 2000-20
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 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:
~ nleatlS the Employee Retirenlent Inconle Secnrity Act of 1974 (P.L. 93-406) and any
regulations issued thereundel by tile Department of Labor and tile Internal Re\lenue Service, as
that Statute and these regulations shall be anlehded.
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
kaYes the employ of the Police or Fire Department.. sllould not be reemployed as a Police Officer
or ritefighter within five (5) yeatS, then the his or her Accumulated Contributions will be returned
~ upon his or her written request. If a Member who is not vested is not reemployed as a Police
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Officer or Firefighter with the Police or Fire Department within five (5) years, his or her
Accumulated Contributions shall be returned. Upon return of his or her a Member's Accumulated
Contributions, all of his or her rights and benefits under the System are forfeited and terminated.
How~er, Upon any reemplQ)'ment, 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 fmm the Fund.,. for those years and fractional parts of years, if llIlkss the ~
Officer or Firefighter repays into the Fund the contributions he has withdrawn, with interest, as
determined by the Board, within ~ {90) days after his reemployment.
The years 01 fractional parts of years that a Police Officer Meniber serves in the nlilitary
service of the Armed P01ces of the United States or the United States Merchant Marine, volun-
tarily or imohmtari:l y, after separation from enlployment as a Police Officer with the City, for the
purpose of going on active duty, shall be added to his or her years of Credited Service f01 all
purposes, .including "esting, pursuant to conditions that cue required or PCImitted under state and
fedentllavv, as c\1Ilendcd from time to tiule, prOvided that tile Police Officer MGmb~r must return
to his or hel enlploymeht as a Police Officer within one (1) year frolll the date of his 01 her
military disehalge 01 release from active service uhder hon01able conditions.
The years or fractional parts of a year that a PiIefighter 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 ret.mpioyment on
or after December 12, 1994, shall be added to his or her years of Credited Service for all
purposes, including vesting, provided that:
A. The rirefighter Member must return to his or her employment as a Police Officer
QI 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 Pirefighter Member deposits into the Pund the san Ie sum that the Pirefighter
Member would ha\le contributed if lIe 01 s1:le had remained a rirefighter during his
or her absence. The Pirefigllter Meniber lIlust deposit all missed contributions
w itlUn a peliod equal to three (3) tinle5 the pe:rlod of military ser v ice, but not I1iOre
than five (5) yea.rs 01 he 01 she will forfeit the right to recme Credited Se.Hice for
his or ller military service pursuant to this Section.
The Member is entitled to reemployment under the provisions of the Uniformed
Services EmplQ)'ment and Reemployment Rights Act (USERRA), (P.L.103-353).
C. The maximum credit for military service pursuant to this Section paragraph shall
be five (5) years.
D. Ih order to qualify for tile purchase of Credited Service. pursuant to this Section,
the ri1efighter Member must llave been discharged or released from se1\1ice under
honorable conditions.
E. This Section is intehded to meet or exceed the mininlunl requirelllents of the
Unifonlled Services LlllploJ'ment and Reemployment Rights Act (USERRA), (P.L.
103-353). To the extel1t that tIlis Section does not meet the iliininlum standards of
USERRA, as it iliay be amended from tiwe to tinle, the minimum standards shall
apply.
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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:
€:-
Co. At least once eveJ:y 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 r~garding the retention of all such investment managers.
These recommendations shall be considered by the Board at its next
regularly scheduled meeting.
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.
D...
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.
B:-
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.
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
fr
G..
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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.
P:- H.. 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.
6:- 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.
H: 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.
t: K.. The Board shall sustain no liability whatsoever for the sufficiency of the
Fund to meet the payments and benefits herein provided for.
t:- 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.
*:- 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.
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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 least 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 I 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 over a tIUIty (30) year period, commencihg with th~ fiscal year in ~hich the
effecti\le date of this System occurs 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 he 01 she
Iemained a Police Offic~I or PilefighteI 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
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
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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 noIDlal 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) d~s
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.
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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 I, 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, lawenforce-
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:
1. Provides emergency medical treatment in a non-
health-care setting where there is a potential for
transfer of body fluids between persons;
11. 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;
111. Engages in the pursuit, apprehension, and arrest of
law violators or suspected law violators and, in
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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:
1. 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;
11. 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;
lli. 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.
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(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, medicallyaccept-
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.
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3. Disability Benefits Not-In-Line of Duty.
Any Member with ten (10) years or more Credited Service who shall become
totally and pennanently 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 DisqJIalifying 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:
Excessive or habitual use of any drugs and/or intoxicants, alcohol .QI
narcotics.
A.
B.
C.
B:- e...
E:- D...
P.
6:- ~
Injury or disease sustained while willfully and illegally participating in
rights, riots and/or civil insurrections:
Injury or disease sustained .QI while committing a crime.
Injury or disease sustained while serving in any branch of the Armed
Forces.
Injury or disease sustained after his or her employment as a Police
Officer or Firefighter with the City of Ocoee shall have terminated.
",Villful, wanton 01 .intentional misconduct 01 gross negligence of the
Member.
For Police Officer Members, injury or disease sustained by the Member
while working for anyone other than the City and arising out of such
employment.
II. A condition pre-existing the roJice Officer' 5 or Pirefighter' 5 membership
in the S,ystem. No :Member shall be entitled to a disability pension,
whethel in line of duty or not in line of duty, because of or due to the
aggra vation of a specific injury, .impairment or Othel medical condition
pre-eAisting at the tinle of membership in the System, provided that Such
pre-existing condition and its relationship to a later .injury, intpa:i1ment or
othel med1ca:l condition be established by competent Substantial evidence.
Nothing hele.ill shall be construed to preclude a disability pension to a
Member who, aftel membership in the. System, suffers an injury,
impairment 01 odte:r medical condition diffelent from some other injury,
impa:i1ment, or odler medical condition existing at or pliol to said
member ship.
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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 fmal 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 p~ments begin, an optional form of benefit payment as described in Section
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10, subsection 1.A. or 1.B., which shall be the Actuarial Equivalent of the normal form of
benefit.
7. Denefit Off5e~ Workers I Comoensation.
When a Retiree is receiving a disability pension and workers' compensation
benefits pursuant to Florida Statute Chapter 440 or Social Security disability benefi~, for the
same disability, and the total monthly benefits received from each eOlnbined 00th 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 (1 0) 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. 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 achl31 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 lO, 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
nonnal 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
Member 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 I.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
Deneficjary and tl:1e Member's retirement income benefits have commenced, tl:1e 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 Member were married at the time of
Membel's R-etirement and are divoleed subsequent theIeto and the joint pensioner is alive at
the time of the ehange~. 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 DeneficiaIy 01 joint pensioner in accordance with this
Section, the Doard shall adjust the Retiree's monthly benefit by application of actuarial
calculations to insUIe the amount of the retirement income pa.yable 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 expenses and shaH make repayment of any overage of pIevionsly-paid
pension benefits as a Iesult of said recalculations. 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 ll.
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 Three :fi.Ye thousand
rive Hundred dollars ($3,500.00) ($5,000.00). Any such payment made to any person
pursuant to the power and discretion eonfmed 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 fmal, 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.
1.. Any pa,yment 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. CLAIM:S PROCEDURES.
1. Claims of Affected reI sons.
A. The Doard of Trustees shall gIant an .initial healing upon receipt of a
wlitten Iequest ("Clahll"), on matten which affect the substantial lights
of any person ("Claimant"), .including M~mbers, Retirees, Deneficialies,
or any person affected by a decision of the DOald of Trustees.
B. The Doard shaH. Ieview the Claim at an initial healing and entel an order
within ninety (90) days from the date of Ieceipt of the CWnl and, in the
case of disability claims, receipt by the BOald of a wl1tten medical
Ielease authorization in a rolm appIo"ed bi the General Counsel and a
completed set of intelIogatolleS plepaled by tile General Counsel and
provid~d to th~ Claimant. The DOcUd may extend the tin1e for entering
the Older at an initial hecUing for an additional ninety (90) days if it
detemUnes such time is lleceSSc11) fOl fuH discovery and adequate lev iew .
The CeneIal Counsel and the Clainlant may stipulate to further
extensions of time.
C. It shall be tile function of the General Counsel, tluoughout the cla.i1ns
proc~dure, to assist th~ DOald in the diseovelY and presentation of
evidence in order to assure that the DOald Ieceives rl:l:l lelevant
infollllation plior to the DOald's decision.
D. The Claimant shall have the right to be leplesented by counsel at any or
all t:inles tluoughout tile claims procedure.
2. Initial Ileal ing .
A. At the initial hearing, tIle only evidence to be eonsideled by tile Doatd
shall be documentary e\lidellce eont.lined in the pension file, .including
but not linlited to, cOIlespondenee, medical records and leports of
treating physicians and/or examining physicians and evidence Iecened
pursuant to paragraph D.
D. OtIleI tIIall questions [10m tile Trustees, thele will be no taking of
additional evidence at tIle initial heating, except that tile Claimant will be
affordGd fifteen (15) minutes to make a presentation, which shall be
limited to comments and/or alguments as to the evidence 01 information
alleady contained in the pension file, including the repoIt of tfK,
examining physician.
C. Upon completion of tIle review of the Claim at the .initial healing, the
Doard shall enter an order setttllg forth its [mdings and conclusions on
the Cla.i1n. The written order shaH be pIo"Vided to the Claimant. The
order shall include.
15
(1)
The specific findings and conclusions of the. Doard, including
specifiC references to pertinent prOvisions of the System on which
such conclusions are based,
(2)
A deseiiption of any additional material or infonnation tIIat the
Doard may deem necessary for the Claimant to perfect his or her
Claim, togethel with the reasons why such material 01 informa-
tion is necessary, and
(3)
An explanation of the right to a fuR hearing on the Claim and the
time limit in which a fuR he..aling must be requested in wliting.
D. The decision of the Doard at the initial healing shall not be final antil
aftel dle titne has expired to request a fuR hearing or, if a fuR healing is
requested, until the Doard makes a decision at the conclusion of the full
healing.
J. PuR heat in&.
A. Any Claimant may request a full healing on the issues plesented to tile
Doald at an initial healing and upon which the DOald has entered an
Older as plovided in subsection 2.C. abo"e.
D. A fuR hea.ring must be requested by dle Claimant within ninety (90) days
ofdle receipt of the DOald's ordeI. The Older will be dee..med received
tIuee (3) days following the date it is Inailed to Claimant at the address
pro"ided to tile DOald by Claimant.
C. Upon leceipt of dle request fur a fuR hearing and conSidelillg dle amount
of discovery which might be conducted, dle Doard shall establish a date
for the full healing and cause notice to be given to tile Claimant. The
fuR heating shall be held within ninety (90) days from the receipt of the
request from the Claimant. The fuR llearing may be postponed, if
necessary and with the consent of the Claimant, to permit fuR disco'\'elJ
of the facts.
D. Copies of all documents to be offered into evidence at the fuR healing,
including depositions, and a complete witness list with nanles and
addlessc's of witnc,ssc,s expected to be called, shill be fulnishcd to the
Doard and the Genetal Counsel by the Claimant at least twenty (20) day s
prioI to the full hGaling. DOCUlnc.nts not furnished to the DOcl1d within
the pteselibed tithe limit may be excluded from evidence at tile full
hearing if a reasonable explanation is not prOvided fot the delay in
prOviding the documents.
12. A Claimant or the General Counsel may obtain diSCOvery by deposition
and/or inteIlogatories priol to the full healing. 'llritten notice of any
depositions and/ot inteIlogatoties shall be given to the Geneta1 Counsel
and dIe Clainlant.
P. TIle costs of any diseovelY, except diseo"ery requested by dle DOcl1d or
the General Counsel, the appearance of witnesses at the hearing, and the
16
making of a verbatim rec01d of the proceedings shaH be the responsibility
of the Claimant.
G. The Claimant shall be lesponsible fo1 the appeanmce of any witnesses
which he. or she wishes to ha~e testify at the hea1.ing. The Docud shall,
howevel, have tile powel to subpoena and reqalie the attendance of
witnesses and the production of documents for disco"elY prior to and at
the proceedings provided f01 helen}. The Claimant may lequest in
wIlting the issuance of subpoenas by the DOald. A reasonable fee may
be ehalged for the issuance of any subpoenas not to exceed the fees set
f01th in florida Statutes. .
II. Testimony at the full hecuing may be submitted in the form of a
deposition. Depositions timely submitted will be palt of the record
before the Doard at the full hearing and will not be lead in totality at the
full hearing, prOvided however, that this does not preclude the Clai:nlant
or the General Counsel from reading parts of depositions in an opening
or closing statement.
I. Iuelevallt and unduly lepetitious evidence shall be excluded.
J. Any person who knowingly gives false testimony is guilty of a
misdemeanor of the first degree, punishable as prOvided in Section
775.082 01 775.083, Plorida Statutes.
K. The file maintained by the Doard, including but not limited to valious
nled.i:cal reports therein, is part of the leeord before the Doard at the full
hearing.
L. All proceedings of tile Doard shall be conducted n} public.
M. In cases concerning an application for pension benefits, including
appliartions for disability reti:Iement benefits, the burden of proof, except
as otherwise prOvided by law, shall be on the Claimc\1lt seeking to show
entitlement to such benefits.
N. In cases concerning termination of pension benefits including re-
examination of Retirees lecelving disability retirement benefits, the
burdc.n of ploof shall be Oil th\:. Doard.
O. ExeGpt as to thos\:. records which are exempted from the prOvisions of
Chapter 119, Plolida Statutes, Plorida's rublie Ree01d Law, leeords
maintained by tile Doard are opell for inspection and/or copying during
normal business hOulS at a leasonable cost for the copying.
P. Should a Claimant lequesting an .initial or full healing decide to appeal
any decision made by the Doard, with lespeet to any matter considered
at such hearing, the Claimant requesting an initial or full hearing will
need a record of the proceedings and may need to assure that a 'Verbatim
recold of the proceeding is made. The Claimant requesting an n1itial or
full hearing will be responsible for obtaining a court reportel or
otllerwise making a record of the proeeedn}gs bef01e the Doald.
17
Q. The decisions of the Doard after the lequested fuR healing shall be final
and bi.nding.
R. 'Nithin fifteen (15) days aftel making a decision at the fuH hGaling, the
Doard sha.11 entel a frnal oIdel setting foIth its findings and eondnsions
and a copy of the ordel shall be provided to the Claimant.
S. Judicw re"iew of decisions of the Doard shall be sought by tile filing of
a timelJ petition fOl wIit of certi01cui with dIe CleIk of the Cileurt Court,
in the approp1iate eonnty.
4. CondLlct of the Pull Hearing.
A. The Chai:rmatl sha.11 preside o\ler the hearing and shaH rule on all
e"identiary, procedural, and other legal questions that arise during the
hearing. The Chai:rman's rulings shall stand unless o~eIIuled by a
majority of tile Tmstees present. The Chaiunatl shall open the fuR
healing by explaining tile procedures to be followed.
D. TlIe Claimant shaH. have the right to be replesented by counsel 01 be self-
represented. The General Counsel shall advisf. the Doard.
C. The Claimant shall be allowed to make an opening statement not to
exceed ten (10) minutes.
D. Testimony of witnesses shill be under oath or affirmation. Depositions
and affidavits shaH be admissible.
E. The Chaitman, atlY Trustee, the Genelal Counsel, the Claimant 01 the
Claimant's counsel, upon leeognition by the Chainnan, may direct
questions to atlY witness during the proceedings.
P. Eithe1 dIe Claimant 01 the GetIeral Counsel shaH have dIe light to plesent
evidence rekvant to the issues, to cross examine witnesses, to impeach
witnesses and to respond to tIIe evidence presented.
G. The Cla..inUU}t shaH be. pennitted a closing argument not to exceed fifteen
(15) minutes.
II. The Doard shill delibelate and make a decision following closing
argument and tItereafter enter an order as prOvided herein.
5. Disability Claims - Additional riocedmes.
A. All applications r01 disability pensions shaH be in writing. Porms for
such applications may be plovided by the Doard.
B. Upon leeeipt of the application fot disability, the General Counsel will
pIo"ide dIe Claimant wid} a set of intellogatories 01 questions to be
answered under oath atld a nledical lelease auth01.ization. Doth
documents will be completed by the Clai:mant and returned to the General
Counsel.
18
C. Upon receipt of the properly completed intcnogato1ies and medical
release authorization, the General CoaJlsel will lequest medical records
from an rdevant treating physicians, persomtel records [10m the
employel, copies of ielevcl.11t workers' compensation records, and copies
of OthCl iec01ds deemed to be relevant to the Claim. The Board shaH
pay, from the rtmd, the cost of any medical eAatuinati\ms required by the
Board and f01 copies of mediealleeords.
D. The Genelal Counsel will, if autl101iLcd by the Boald, upon receipt of the
medic.alreeords from the treating physicians, schedule an independent
medical exatnination 01 examinations (!ME) with an applopriate
independent exatnining physician or physicians who will be asked to
render an opinion about Claimarlt's physical condition as it relates to the
claimed disability.
E. Upon receipt of the Thffi rep01t or reports from the exatuining physician
or physiciatls, the General COullsel will plovide an reeolds of treating
physicians, relevatlt workman's compensation clainlS records, the
independent medical evaluation, and all other relevant documents to the
Board for inclusion in the pension file and tlle Board shall then schedule
the initial hearing.
L The Board shall establish administrative claims procedures to be utilized in
processing written reqJ.1ests ("claims")r 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 reqJ.1ire 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 reqJ.1est 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 Chaiunan of the Board shall file an Annual
Report with the Division of Retirement containing the following. documents and information
contained in Sections l75.26l and l85.22l, Florida Statutes.
1. \Vhetller .in fact the City is in compliance WitIl the provisions of Chapters 175
and 185, HOlida. Statutes.
2. A certified statement of accounting fot the nlost ieeent fiscal year of the City (01
an independent audit by a certified public accountant if required by the Division of Retirement)
showing a detailed listing of assets and methods used to value them and a statement of an
income and disbursements during the year. Such income and disbursements shall be reconciled
with the assets at the begimu.Ilg and end of the yea:1.
19
J. A statiSticM exhibit showing the numbel of Police Offic~rs and PliefighteI5 on
the f01ce of the City, the numbe1 included in the Pension Plan, the number of Police OffiCers
and Pirefighte1s ineligible, classified ace01dillg to the leasons rOt their being ineligible, and the
number of Rettrees and the.i:L beneficiaries leceiving pension payments and th(, amounts of
annuM retilement income or pension payments being received by thenl.
4. A statement of dle amount the City has contributed to tile Pension r'Ulld for the
preeGding plan year, and the amount tlle City will contribute to the Pension Pund fuf the
CUIlent plan year.
5. H any benefits are insured wid} a connncrcial insurance company, dle repolt shaH
include a statement of the relationship of the insured benefits to tile benefits Plovided by this
Oldinanee. This report ~haH also contain information about the insuler, basis of premium
rates, mortality table, intc.rest 1ates and method used in valuing 1ettrement ben~fits.
6. An aetuatial vctluatiotl of the System as plO"ided rOt In Section 3. Such valuation
shall be prepared by an emolled actuary who is emol:led undel Subtitle C of Title J of the
Employee Retirement Income Seenriry Act of 1974 and who is a member of tile Society of
Actuaries 01 the American Aeademj of Actuaries.
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.
SECTION 15. BOARD ATTORNEY AND PROFESSIONALS.
The Doard may enlploy independent legal counsel at the System's expense fOl the
pmposes contained helein, together witI} such othel professiollM, technical, or other advisors
as tile Doard deems necessary.
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. AQjustments in Limitations.
A... In the event the Member's retirement benefits become payable before age
sixty-two (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 Membel
20
'. .
with at least fifteen (15) years of Credited Seiv.tce may not have the
benefit reduced below $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 tile previous two paugraphs A. above
shall not be applicable to disability benefits paid pursuant to Section 8,
or pre-retirement death benefits paid pursuant to Section 7.
l2... 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 I 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 c1l1other 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, or if eontIibutto1l5 to the System
are discontinued 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. ~Jl~~=~; FALSE. MISLEADING OR
1... 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 I 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 I, a Member or Beneficiat:y 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 ADOYfED thiso1odtday of J Ulv~ ,2000.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
B;SS:~
S. Scott Vandergrift, May
(SEAL)
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FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
THIS !:> day of :S-~1 ,2000.
CHRISTIANSEN &DE R, P.A.
Special Counsel
BY:* \,L/il. ~Q/1
! \J. - \
flOC \ocoee\pt\04-19-OO.ord
ADVERTISED June 8, 2000
READFIRSTTIME June 6, 2000
READ SECOND TIME AND ADOPTED
JI/AJc d.o) eJaoo
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON ~ IIAJ6 dO, 2000, UNDER
AGE A ITEM NO. JZr II .
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