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Ordinance 2009-002 Amending Police/Fire Pension Ordinance ORDINANCE NO. 2009-002 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 96-20, AS SUBSEQUENTL Y AMENDED; AMENDING SECTION 6, BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 8, DISABILITY; 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 ofOcoee has the authority to adopt this ordinance pursuant to Article vrn ofthe Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2: That Ordinance No. 96-20, adopting the amended and restated City ofOcoee Municipal Police Officers' and Firefighters' Retirement Trust Fund, as subsequently amended, is hereby further amended by amending Section 6, Benefit Amounts and Eligibility, subsection 2., Normal Retirement Benefit and subsection 5., Supplemental Benefit, to read as follows: 2. Normal Retirement Benefit. A Member retiring hereunder on or after his or her normal retirement date shall receive a monthly benefit which shall commence on the first day of the month coincident with or next following his or her Retirement and be continued thereafter during Member's lifetime, ceasing upon death, but with one hundred twenty (120) monthly payments guaranteed in any event. The monthly retirement benefit shall equal tInee pelcent (3.0%) three and one-half percent (3.5%) of A verage Final Compensation, for each year of Credited Service. 5. Supplemental Benefit Effective October 1, 2004, all current and future retirees and effective October 1. 2008 only those who retired prior to October 1. 2008, retired under the early or normal retirement provision, their joint pensioners or beneficiaries, shall receive a supplemental benefit in the amount of two hundred dollars ($200) per month reduced as for early retirement if applicable. Disability retirees and vested terminated persons shall not receive this supplement. 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 8, Disability, subsection 1., Disability Benefits In-Line of Duty, and subsection 3., Disability Benefits Not-In-Line of Duty, to read as follows: 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 1 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 tm CG pGt Gent (J. 0%) three and one-half percent (3.5%) of his or her Average Final Compensation multiplied by the total years of Credited Service, but in any event the minimum amount paid to the Member shall be forty- two percent (42%) of the Average Final Compensation of the Member. Terminated persons, either vested or non-vested, are not eligible for disability benefits, except that those terminated by the City for medical reasons may apply for a disability within thirty (30) days after termination. 3. Disabilitv Benefits Not-In-Line of Duty. Any Member with ten (10) years or more Credited Service who shall become totally and permanently disabled to the extent that he or she is unable, by reason of a medically deter- minable 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 tlllGe pGtGGHt (J.O%) three and one-half percent (3.5%) 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. SECTION 4. Repeal of Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5. Severability. In the event any section, subsection, paragraph, sentence, clause, phrase or word ofthis ordinance shall be held invalid by a court of competent jurisdiction, then such invalidity shall not affect the remaining portions hereof. SECTION 6. Effective Date. This ordinance shall take effect upon second reading and adoption. PASSED AND ADOPTED this ~-IhIay of ~t-' 2009. APPROVED: CITY OF OCOEE, FLORIDA ATTEST: (SEAL) ADVERTISED Fc-b.!, 200Cf READFIRSTTIME~ . '2C~no'1 RE~ SECOND TIME AND OPTED -F . ;/1 7.-() 09 2 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROV.E~ AS TO F9JU1 AND LEGALITY THIS ~ Gay of ~ ,2009. CHRISTIANSEN & DEHNER, P.A. Special Counsel By,,~7J~ { noc\ocoee\pf\O 1-06-09.ord APPROVED BY THE OCOEE CITY ~~~~~li~~~-~~~~~~ H0~~~~ AGENDA ITEM NO. -I--!-. 3