2020-002 Amending Police Officers' & Firefighters' Retirement Trust Fund ORDINANCE NO. 2020-002
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
RELATING TO THE CITY OF OCOEE MUNICIPAL POLICE
OFFICERS' AND FIREFIGHTERS' RETIREMENT TRUST
FUND; AMENDING ORDINANCE NUMBER 2010-019, AS
SUBSEQUENTLY AMENDED; AMENDING SECTION 1,
DEFINITIONS, BY AMENDING THE DEFINITION OF
"CREDITED SERVICE"; AMENDING SECTION 7,
PRE-RETIREMENT DEATH; AMENDING SECTION 8,
DISABILITY; AMENDING SECTION 9, VESTING;
AMENDING SECTION 15, MAXIMUM PENSION;
AMENDING SECTION 17, MISCELLANEOUS
PROVISIONS; AMENDING SECTION 27, DEFERRED
RETIREMENT OPTION PLAN; AMENDING SECTION 29,
REEMPLOYMENT AFTER RETIREMENT; AMENDING
SECTION 30, SUPPLEMENTAL BENEFIT COMPONENT
FOR SPECIAL BENEFITS, CHAPTERS 175 AND 185
SHARE ACCOUNTS; 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 the City of Ocoee Municipal Police Officers' and Firefighters'
Retirement Trust Fund adopted by Ordinance No. 2010-019, as subsequently amended,
is hereby further amended by amending Section 1, Definitions, by amending the definition
of"Credited Service" to read as follows:
SECTION 1. — DEFINITIONS.
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. The rights to credited service under the System of any Member
who leaves the employ of the Police or Fire Department for any cause other
than death or retirement prior to satisfying the requirements for Early or
Normal Retirement, shall be determined in accordance with Section 9
hereof. A Member may voluntarily leave his or her Accumulated
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employ of the Police or Fire Department pending the possibility of being
•• - - -- - •- - - ` ' - -- c- - -- - -- . If a vested Member leaves
the employ of the Police or Fire Department, his or her Accumulated
- - • •- - - - _ - -- - - - _ -- -_ - - . If a Member
the Police or Fire Department within five (5) years, his or her Accumulated
- - e . - • e - - -e . - . - - - .. e e! e e - - - e- - _ --e.
If a Member who is not vested is not reemployed within five (5) years, his
• . ._ - •- .
under the System are forfeited and terminated. Upon any reemployment, a
Police Officer or a Firefighter shall not receive credit for the years and
fractional parts of years of service for which he has withdrawn his
Accumulated Contributions from the Fund, unless the Police Officer or
reemployment
at
SECTION 3. That the City of Ocoee Municipal Police Officers' and Firefighters'
Retirement Trust Fund adopted by Ordinance No. 2010-019, as subsequently amended,
is hereby further amended by amending Section 8, Disability, subsection 1, Disability
Benefits In-Line of Duty, subparagraph A.(1), (2) and (3) and B.(1) and (2); subsection 3,
Disability Benefits Not-In-Line of Duty, subparagraph A.(1) and (2) and B.(1) and (2); and
adding subsection 8., Eligibility for Disability Benefits, to read as follows:
SECTION 8. — DISABILITY.
1. Disability Benefits In-Line of Duty.
A. Firefighter Members.
(1) Any Member hired prior to October 1, 2015 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 Firefighter, which
disability was directly caused by the performance of his
or her duty as a Firefighter, shall, upon establishing the
same to the satisfaction of the Board, be entitled to a
monthly pension equal to three and one-half percent
(3.5%) of his or her Average Final Compensation
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multiplied by the total years of Credited Service, up to
a maximum benefit not to exceed ninety-one percent
(91%) of Average Final Compensation of the Member
hired on or after October 1, 2012, 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
terminated by the City for medical r mons, the
days from the date of termination. If a timely
terminated person shall be eligible to receive a
above. Eligibility requirements for disability benefits are
set forth in subsection 8., below.
(2) Any Member hired on or after October 1, 2015 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 Firefighter, which
disability was directly caused by the performance of his
or her duty as a Firefighter, shall, upon establishing the
same to the satisfaction of the Board, be entitled to a
monthly pension equal to three and one quarter
percent (3.25%) of his or her Average Final
Compensation multiplied by the total years of Credited
Service, up to a maximum benefit not to exceed eighty-
one and one quarter percent (81.25%) of Average Final
Compensation of the Member, 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.
terminated by the City for medical reasons, the
days from the date of termination. If a timely
application is received, it shall be processed and the
terminated person shall be eligible to receive a
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above. Eligibility requirements for disability benefits are
set forth in subsection 8., below.
Firefighter Cancer Presumption. As provided and
subject to the limitations in section 112.1816, Florida
Statues, effective July 1, 2019, a firefighter (as defined
in section 112.1816(1), Florida Statutes) Member shall
be considered to be totally and permanently disabled
in the line of duty if he or she meets the Plan's definition
of Totally and Permanently Disabled due to a diagnosis
of cancer (as defined in section 112.1816(1), Florida
Statutes) or circumstances that arise out of the
treatment of such cancer (as defined in section
112.1816(1), Florida Statutes).
B. Police Officer Members.
(1) Any Member hired prior to May 16, 2017 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, which
disability was directly caused by the performance of his
or her duty as a Police Officer, shall, upon establishing
the same to the satisfaction of the Board, be entitled to
a monthly pension equal to three and one-half percent
(3.5%) of his or her Average Final Compensation
multiplied by the total years of Credited Service, up to
a maximum benefit not to exceed ninety-one percent
(91%) of Average Final Compensation of the Member
hired on or after October 1, 2012, but in any event the
minimum amount paid to the Member shall be fifty-five
percent (55%) of the Average Final Compensation of
the Member. Terminated persons, either vested or
non vested, are not eligible for disability benefits.
terminated by the City for medical r asons, the
days from the date of termination. If a timely
application is received, it shall be procesccd and the
terminated person shall be eligible to receive a
disability benefit if the Board otherwise determines that
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above. Eligibility requirements for disability benefits are
set forth in subsection 8., below.
(2) Any Member hired on or after May 16, 2017 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, which
disability was directly caused by the performance of his
or her duty as a Police Officer, shall, upon establishing
the same to the satisfaction of the Board, be entitled to
a monthly pension equal to three and one quarter
percent (3.25%) of his or her Average Final
Compensation multiplied by the total years of Credited
Service, up to a maximum benefit not to exceed eighty-
one and one quarter percent (81.25%) of Average Final
Compensation of the Member, but in any event the
minimum amount paid to the Member shall be fifty-five
percent (55%) of the Average Final Compensation of
the Member. Terminated persons, either vested or
non vested, are not eligible for disability benefits.
terminated by the City for medical reasons, the
days from the date of termination. If a timely
terminated person shall be eligible to receive a
above. Eligibility requirements for disability benefits
are set forth in subsection 8., below.
* * *
3. Disability Benefits Not-In-Line of Duty.
A. Firefighter Members.
(1) Any Member hired prior to October 1, 2015 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 Firefighter, which disability is not
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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 and
one-half percent (3.5%) of his or her Average Final
Compensation multiplied by the total years of Credited
Service, up to a maximum benefit not to exceed ninety-
one percent (91%) of Average Final Compensation of
the Member hired on or after October 1, 2012.
previous sentence, if a Member is terminated by the
be processed and the terminated person shall be
eligible to receive a disability benefit if the Board
- - -- - - - - -- - • e e -. Eligibility requirements
for disability benefits are set forth in subsection 8.,
below.
(2) Any Member hired on or after October 1, 2015 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 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 and one
quarter percent (3.25%) of his or her Average Final
Compensation multiplied by the total years of Credited
Service, up to a maximum benefit not to exceed eighty-
one and one quarter percent(81.25%) of Average Final
Compensation of the Member. Terminated persons,
either vested or non vested, are not eligible for
sentence, if a Member is terminated by the City for
medical reasons, the terminated person may apply for
Board within thirty (30) days from the date of
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•
- - - • - - - -- - - - - -. Eligibility requirements
for disability benefits are set forth in subsection 8.,
below.
B. Police Officer Members.
(1) Any Member hired prior to May 16, 2017 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, which disability is
not directly caused by the performance of his or her
duties as a Police Officer shall, upon establishing the
same to the satisfaction of the Board, be entitled to a
monthly pension equal to three and one-half percent
(3.5%) of his or her Average Final Compensation
multiplied by the total years of Credited Service, up to
a maximum benefit not to exceed ninety-one percent
(91%) of Average Final Compensation of the Member
hired on or after October 1, 2012. Terminated persons,
disability benefits. Notwithstanding the previous
sentence, if a Member is terminated by the City for
medical reasons, the terminated person may apply for
Board within thirty (30) days from the date of
be processed and the tcrminatcd person shall be
• - "e - - - •- -- - - - - -. Eligibility requirements
for disability benefits are set forth in subsection 8.,
below.
(2) Any Member hired on or after May 16, 2017 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, which disability is
not directly caused by the performance of his or her
duties as a Police Officer shall, upon establishing the
same to the satisfaction of the Board, be entitled to a
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monthly pension equal to three and one quarter
percent (3.25%) of his or her Average Final
Compensation multiplied by the total years of Credited
Service, up to a maximum benefit not to exceed eighty-
one and one quarter percent (81.25%) of Average Final
Compensation of the Member. Terminated persons,
disability benefits. Notwithstanding the previous
sentence, if a Member is terminated by the City for
medical reasons, the terminated person may apply for
Board within thirty (30) days from the date of
eligible to receive a disability benefit if the Board
- -e - e e •- -- - • :e -. Eligibility requirements
for disability benefits are set forth in subsection 8.,
below.
8. Eligibility for Disability Benefits_
Subject to 8.(4) below, only active Members of the System on the
date the Board determines entitlement to a disability benefit are eligible for
disability benefits.
Terminated persons, either vested or non-vested, are not
eligible for disability benefits.
(2) If a Member voluntarily terminates his employment, either
before or after filing an application for disability benefits, he is
not eligible for disability benefits.
(3) If a Member is terminated by the City for any reason other
than for medical reasons, either before or after he files an
application for disability benefits, he is not eligible for disability
benefits.
The only exception to (1) above is:
a. If the Member is terminated by the City for medical
reasons and he has already applied for disability
benefits before the medical termination, or;
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b. If the Member is terminated by the City for medical
reasons and he applies within 30 days after the
medical termination date.
If either (4)a., or (4)b. above applies, the Member's application will
be processed and fully considered by the Board.
SECTION 4. That the City of Ocoee Municipal Police Officers' and Firefighters'
Retirement Trust Fund adopted by Ordinance No. 2010-019, as subsequently amended,
is hereby further amended by amending Section 7, Pre-retirement Death, and adding
subsection 4., Firefighter Cancer Presumption, to read as follows
SECTION 7. - PRE-RETIREMENT DEATH.
4. Firefighter Cancer Presumption.
As provided and subject to the limitations in section 112.1816,
Florida Statutes, effective July 1, 2019, a firefighter (as defined in section
112.1816(1), Florida Statutes) Member shall be considered to have died in
the line of duty if he or she dies as a result of cancer (as defined in section
112.1816(1), Florida Statutes) or circumstances that arise out of the
treatment of such cancer (as defined in section 112.1816(1), Florida
Statutes).
SECTION 5. That the City of Ocoee Municipal Police Officers' and Firefighters'
Retirement Trust Fund adopted by Ordinance No. 2010-019, as subsequently amended,
is hereby further amended by amending Section 9, Vesting, to read as follows:
SECTION 9. - VESTING.
If a Member terminates his or her employment with the Police or Fire
Department, either voluntarily or by discharge, and is not eligible for any
other benefits under this System, the Member shall be entitled to the
following
1. For Firefighter Members hired prior to October 1, 2015.
A. If the Member has less than five (5) years Credited Service
upon termination, the Member shall be entitled to a refund of
B. If the Member has five (5) or more years of Crcditcd Service
upon termination, the Member shall be entitled to a monthly
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retirement benefit, determined in the same manner as for
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
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.
2. For Firefighter Members hired on or after October 1, 2015.
A. If the Member has less than seven (7) years Credited Service
B. If the Member has seven (7)or more years of Credited Service
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
early retirement date, determined based upon his or her
actual year of Credited Service, provided he or she does not
provided Member survives to his or her otherwise normal or
designated Beneficiary shall be entitled to a benefit as
provided herein for a deceased Member, vested or eligible for
retirement under Pre Retirement Death.
3. For Police Officer Members hired prior to May 16, 2017.
A. If the Member has less than five (5) years Credited Service
upon termination, the Member shall be entitled to a refund of
his or her Accumulated Contributions or the Member may
leave it deposited with the Fund.
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B. If the Member has five (5) or more years of Credited Service
retirement benefit, determined in the same manner as for
Credited Service, Average Final Compensation and the
early rctircmcnt date, determined based upon his or her
actual y ar of Credited Service, provided he or she does not
A - - - - - - - . •= -s and does not survive to his or
her otherwise normal or early retirement date, his or her
- • • • - -• -- - - - -
A. If the Member has less than seven (7) years Crcditcd Service
upon termination, the Member shall be entitled to a refund of
B. If the Member has seven (7)or more years of Crcditcd Service
normal or early retirement and based upon the Member's
arly retirement date, determined based upon his or her
actual year of Credited Service, provided he or she does not
provided Member survives to his or her otherwise normal or
designated Beneficiary shall be entitled to a benefit as
retirement under Pre Retirement Death.
If the employment of a Member with the Police or Fire department
terminates for any reason other than death or retirement, and the Member
has not reached the age and service requirements for early or normal
retirement, he or she shall be entitled to the following;
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1. If the Member is a : Firefighter hired prior to October 1, 2015,
who has fewer than five (5) years of Credited Service upon
termination; Firefighter hired on or after October 1, 2015, who
has fewer than seven (7) years of Credited Service upon
termination; Police Officer hired prior to May 16, 2017, who
has fewer than five (5) years upon termination; Police Officer
hired on or after May 16, 2017, who has fewer than (7) years
upon termination, the Member may make a written request for
a refund of his or her Accumulated Contributions, or, pending
the possibility of being re-employed as a Police Officer or
Firefighter, the Member may leave his or her Accumulated
contributions in the System for a period of up to five (5) years
following the termination. The Member's Credited Service in
the System shall be deemed nullified effective the date upon
which the Member receives a refund of his or her
Accumulated Contributions, or the date upon which the five-
year period expires, whichever is earlier. The Member's
Accumulated Contributions shall be refunded upon written
request, or upon the expiration of the five-year period,
whichever is earlier, provided that if the total of the
Accumulated Contributions is greater than $1000, said
contributions shall be refunded only upon the written request
of the Member, and upon the completion of a written election
to receive a cash lump sum or to rollover the lump sum
amount on forms designated by the Board.
2. If Paragraph 1 does not apply to the Member, the Member
shall be entitled to a monthly retirement benefit, determined in
the same manner as for early or normal 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 the
Member's otherwise early or normal retirement date,
determined 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 the Member
survives to his or her otherwise early or normal retirement
date. If the Member does not withdraw his or her
Accumulated Contributions and does not survive to his or her
otherwise early or normal 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.
3. Upon Re-employment, a Member who has received a refund
of his or Accumulated Contributions may restore his or her
Credited Service in the System for the years to which the
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refund relates, if he or she repays to the System, within 90
days of the effective date of such re-employment, the full
amount of the refunded Accumulated Contributions that he or
she received, plus interest as determined by the Board. The
benefits relating to the Credit Service thus restored shall be
determined in accordance with the Average Final
Compensation and the benefit accrual rate as of the date of
termination.
SECTION 6. That the City of Ocoee Municipal Police Officers' and Firefighters'
Retirement Trust Fund adopted by Ordinance No. 2010-019, as subsequently amended,
is hereby further amended by amending Section 15, Maximum Pension, subsection 8,
Ten Thousand Dollar($10,000) Limit; Less Than Ten Years of Service, to read as follows:
SECTION 15. — MAXIMUM PENSION.
8. Ten Thousand Dollar ($10,000) Limit; Less Than Ten Years of
Service.
Notwithstanding anything in this Section 15, the retirement benefit
payable with respect to a Member shall be deemed not to exceed the limit
set forth in this subsection 8. of Section 15 if the benefits payable, with
respect to such Member under this System and under all other qualified
defined benefit pension plans to which the City contributes, do not exceed
ten thousand dollars ($10,000) for the applicable limitation year and or for
any prior limitation year, and the City has not at any time maintained a
qualified defined contribution plan in which the Member participated;
provided, however, that if the Member has completed less than ten (10)
years of Credited Service with the City, the limit under this subsection 8. of
Section 15 shall be a reduced limit equal to ten thousand dollars ($10,000)
multiplied by a fraction, the numerator of which is the number of the
Member's years of Credited Service and the denominator of which is ten
(10).
* * *
SECTION 7. That the City of Ocoee Municipal Police Officers' and Firefighters'
Retirement Trust Fund adopted by Ordinance No. 2010-019, as subsequently amended,
is hereby further amended by amending Section 17, Miscellaneous Provisions, adding
subsection 10, Missing Benefit Recipients, to read as follows:
SECTION 17. — MISCELLANEOUS PROVISIONS.
* * *
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10. Missing Benefit Recipients.
The System shall follow the procedures outlined in the IRS Employee
Plans Compliance Resolution System (EPCRS) Program and other
applicable IRS guidance to locate any missing individuals to whom a full
unreduced benefit payment is due and if, at the conclusion of such efforts,
the individual cannot be located, the existing procedure of cancelling
payments otherwise due (provided that, if the individual is later located, the
benefits due shall be paid) will apply.
SECTION 8. That the City of Ocoee Municipal Police Officers' and Firefighters'
Retirement Trust Fund adopted by Ordinance No. 2010-019, as subsequently amended,
is hereby further amended by amending Section 27, Deferred Retirement Option Plan,
subsection 2, Participation, subparagraph E.(1) and deleting subsection 6.H. and
renumbering subsections H. through L., to read as follows:
SECTION 27. - DEFERRED RETIREMENT OPTION PLAN.
2. Participation.
E. Effect of DROP Participation on the System.
(1) A Member's Credited Service and his accrued benefit
under the System shall be determined on the date his
election to participate in the DROP first becomes
effective. For purposes of determining the accrued
benefit, the Member's Salary for the purposes of
calculating his Average Final Compensation shall
include an amount equal to any lump sum payments
which would have been paid to the Member and
included as Salary as defined herein, had the Member
retired under normal retirement and not elected DROP
participation. Member contributions attributable to any
lump sums used in the benefit calculation and not
actually received by the Member shall be deducted
from the first payments to the Member's DROP
Account. The Member shall not accrue any additional
Credited Service or any additional benefits under the
System (except for any supplemental benefit payable
to DROP participants or any additional benefits
provided under any cost-of-living adjustment for
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Retirees in the System) while he is a participant in the
DROP. After a Member commences participation, he
shall not be permitted to again contribute to the System
nor shall he be eligible for disability or pre-retirement
death benefits, except as provided for in Section 29.
After a Member commences participation in the DROP,
no changes to such Member's form of benefit election
shall be permitted.
6. General Provisions.
* * *
H. Prevention of Escheat.
to whom a payment is due under the DROP, the Board may,
claim therefor within three (3) months of the date of the
mailing, the Board may, if it so elects and upon receiving
advice from counsel to the DROP, direct that such payment
canceled on the records of the DROP. Upon such
cancellation, the DROP shall have no further liability therefor
notifies the Board of his whereabouts and requests the
payment or payments due to him under the DROP, the
provisions of the DROP.
HH. Written Elections, Notification.
(1) Any elections, notifications or designations made by a
Member pursuant to the provisions of the DROP shall
be made in writing and filed with the Board in a time
and manner determined by the Board under rules
uniformly applicable to all employees similarly situated.
The Board reserves the right to change from the time
and manner for making notifications, elections or
designations by Members under the DROP if it
determines after due deliberation that such action is
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justified in that it improves the administration of the
DROP. In the event of a conflict between the
provisions for making an election, notification or
designation set forth in the DROP and such new
administrative procedures, those new administrative
procedures shall prevail.
(2) Each Member or Retiree who has a DROP Account
shall be responsible for furnishing the Board with his
current address and any subsequent changes in his
address. Any notice required to be given to a Member
or Retiree hereunder shall be deemed given if directed
to him at the last such address given to the Board and
mailed by registered or certified United States mail. If
any check mailed by registered or certified United
States mail to such address is returned, mailing of
checks will be suspended until such time as the
Member or Retiree notifies the Board of his address.
4l. Benefits Not Guaranteed.
All benefits payable to a Member from the DROP shall be paid
only from the assets of the Member's DROP Account and
neither the City nor the Board shall have any duty or liability
to furnish the DROP with any funds, securities or other assets
except to the extent required by any applicable law.
KJ. Construction.
(1) The DROP shall be construed, regulated and
administered under the laws of Florida, except where
other applicable law controls.
(2) The titles and headings of the subsections in this
Section 27 are for convenience only. In the case of
ambiguity or inconsistency, the text rather than the
titles or headings shall control.
LK. Forfeiture of Retirement Benefits.
Nothing in this Section shall be construed to remove DROP
participants from the scope of Section 22 above or Section
112.3173, Florida Statutes. DROP participants who commit a
specified offense or whose employment is terminated as
described in Section 22 while employed, will be subject to
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forfeiture of all retirement benefits, including DROP benefits,
pursuant to the above provisions of law.
M . Effect of DROP Participation on Employment.
Participation in the DROP is not a guarantee of employment
and DROP participants shall be subject to the same
employment standards and policies that are applicable to
employees who are not DROP participants.
* * *
SECTION 9. That the City of Ocoee Municipal Police Officers' and Firefighters'
Retirement Trust Fund adopted by Ordinance No. 2010-019, as subsequently amended,
is hereby further amended by amending Section 29, Reemployment After Retirement,
subsection (1), adding a subsection (5), After Disability Retirement, renumbering and
amending the subsequent subsections (6) and (7) to read as follows:
SECTION 29. REEMPLOYMENT AFTER RETIREMENT
1. Any Retiree who is retired under this System, except for disability
retirement as previously provided for, may be reemployed by any public or
private employer, except the City, and may receive compensation from that
employment without limiting or restricting in any way the retirement benefits
payable under this System. Notwithstanding the previous sentence,
reemployment by the City shall be subject to the limitations set forth in this
Section.
* * *
5. After Disability Retirement
A. Subject to paragraph B. below, any Retiree who is retired
under Section 8., Disability ("disability retiree"), may, subject
to subsection 5., Physical Examination Requirement, of that
section, be reemployed by any public or private employer, and
may receive compensation from that employment without
limiting or restricting in any way, the retirement benefits
payable under this system.
B. Any disability Retiree who subsequently becomes an
employee of the City in any capacity, except as a Police
Officer or Firefighter, shall discontinue receipt of disability
benefits from the system for the period of any such
employment.
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C. If a disability Retiree is reemployed as a Police Officer or
Firefiqhter for the City, his disability benefit shall cease and
Section 8, subsection 5. shall apply.
5 6. Reemployment of Terminated Vested Persons. Reemployed
terminated vested persons shall not be subject to the provisions of this
Section until such time as they begin to actually receive benefits. Upon
receipt of benefits, terminated vested persons shall be treated as normal or
early Retirees for purposes of applying the provisions of this Section and
their status as an early or normal Retiree shall be determined by the date
they elect to begin to receive their benefit.
6 7. DROP Participants. Members or r Retirees who arm;-were in the
Deferred Retirement Option Plan shall, following termination of employment
after DROP participation, have the options provided for in this section for
reemployment.
SECTION 10 That the City of Ocoee Municipal Police Officers' and Firefighters'
Retirement Trust Fund adopted by Ordinance No. 2010-019, as subsequently amended,
is hereby further amended by amending Section 30, Supplemental Benefit Component
for Special Benefits; Chapters 175 and 185 Share Accounts, subsection 4., Forfeitures
and subsection 10., Maximum Additions, to read as follows:
SECTION 30. - SUPPLEMENTAL BENEFIT COMPONENT FOR
SPECIAL BENEFITS; CHAPTERS 175 AND 185 SHARE ACCOUNTS.
4. Forfeitures.
Any Member who has less than f+veseven (57) years of Credited
Service and who is not otherwise eligible for payment of benefits after
termination of employment with the City as provided for in subsection 5.
shall forfeit his individual Member Share Account. Forfeited amounts shall
be included and used as part of the Chapter 185 tax revenues for future
allocations to individual Member Share Accounts on each valuation date in
accordance with the formula set forth in subsection 3.A.
10. Maximum Additions.
Notwithstanding any other provision of this Section, annual additions
under this Section shall not exceed the limitations of Internal Revenue Code
Section 415(c) of the Codc pursuant to the provisions of Section 15,
subsection 11.
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SECTION 11. Repeal of Ordinances. All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION 12. 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 13. Effective Date. This ordinance shall take effect upon second
reading and adoption.
PASSED AND ADOPTED this 7'`-`day of_i ,-, 2020.
J
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
By: 166F
B .
City Clerk Mayor
(SEAL)
ADVERTISED_���,•�„�b�, aol , 2019
READ FIRST TIME f�iden,bl,- 3 , 2019
READ SECOND TIME AND ADOPTED
, 2020.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND
LEGALITY THIS 7'M day of
3- .1 . , 2020.
SHUFFIELD, LOWMAN &WILSON, P.A.
By:
City Attor -
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON 14,00 y 7 ,2020
UNDER AGENPIA ITEM NO. 1/ .
19