15-014 1 ORDINANCE 15 -014
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 AMENDING ARTICLE III, OF CHAPTER 18 OF THE BOYNTON
5 BEACH CODE OF ORDINANCES, ENTITLED "MUNICIPAL POLICE
6 OFFICERS' RETIREMENT TRUST FUND;" AMENDING SECTION
7 18 -169 PROVIDING FOR CLARIFICATION THAT TO APPLY FOR
8 THE DISABILITY BENEFIT AN EMPLOYEE MUST BE A MEMBER
9 AND TO AMEND THE PLAN TO PROVIDE FOR A 30 DAY PERIOD
10 TO APPLY IN THE EVENT A MEMBER IS TERMINATED FROM
11 EMPLOYMENT FOR MEDICAL REASONS; PROVIDING FOR
12 CODIFICATION, CONFLICT, SEVERABILITY AND AN EFFECTIVE
13 DATE.
14
15
16 WHEREAS, the Board of Trustees ( "Trustees ") of the Boynton Beach Municipal
17 Police Officers' Retirement Trust Fund recommend that the Plan Document be amended to
18 clarify that the only members may apply for a disability pension and to amend the Plan to
19 provide that a member who is terminated for medical reasons can apply within 30 days of
20 termination; and
21 WHEREAS, the City Commission of the City of Boynton Beach, Florida, desires to
22 revise its Police Officers' Plan in order to provide this administrative change;
23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
24 CITY OF BOYNTON BEACH, FLORIDA:
25 Section 1. The foregoing "WHEREAS" clauses are hereby certified as being true
26 and correct and are incorporated herein by this reference.
27 Section 2. Section 18 -169 of Article III of Chapter 18 of the Boynton Beach Code
28 of Ordinances is hereby amended as follows:
29 Sec. 18 -169. Requirements for retirement- benefit amounts.
30
31 * * *
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32 (c) Disability retirement.
3 3 (1) Service incurred.
34 a. Any member who receives a medically substantiated service connected injury,
35 disease or disability which injury, disease or disability totally and permanently
36 disabled him or her to the extent that in the opinion of the Board of Trustees,
37 he or she is wholly prevented from rendering useful and efficient service as a
38 police officer shall receive a monthly benefit equal to 66 2 /3% of his or her
39 basic rate of earnings in effect on the date of disability.
40 1. Such benefit shall be payable on the first day of each month,
41 commencing on the first day of the month following the latter to occur
42 of the date on which the disability has existed for three months and the
43 date the Board of Trustees approved the payment of such retirement
44 income. A disability retiree may select from the optional forms of
45 benefits available to service retirees in accordance with Section 18 -170.
46 2. In the event of recovery prior to the otherwise normal
47 retirement date, credit for service during the period of disability shall
48 be granted for purposes of subsequent retirement benefits. Subsequent
49 retirement benefits will be actuarially reduced to account for the
50 benefits that were paid during the period of disability.
51 3. The amount of the disability benefit payment from the fund
52 shall be reduced by any amounts paid from worker's compensation and
53 the federal social security system. The reduction for social security
54 benefits shall be in the amount of the primary insurance amount (PIA)
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55 only, and future increases, if any, in the disabled member's social
56 security disability benefits shall not serve to reduce any further the
57 disability benefit from the fund. The reduction for social security shall
58 terminate upon the attainment of age 65. The pension benefit may only
59 be reduced to the extent that the total of the benefits from this fund,
60 workers' compensation and social security benefits exceed 100% of the
61 disabled member's basic rate of earnings on the date of disability.
62 However, in all cases the benefit will be at least 42% of average final
63 compensation.
64 b. Terminated persons, either vested or non - vested, are not eligible for
65 disability benefits, except that those terminated by the city for medical
66 reasons may apply for a disability within 30 days after termination.
67 c.tb, Any condition or impairment of health of a member caused by tuberculosis;
68 hypertension, heart disease, hardening of the arteries, hepatitis, or
69 meningococcal meningitis resulting in total or partial disability or death, shall
70 be presumed to be accidental and suffered in the line of duty unless the
71 contrary be shown by competent evidence. Any condition or impairment of
72 health caused directly or proximately by exposure, which exposure occurred in
73 the active performance of duty at some definite time or place without willful
74 negligence on the part of the member, resulting in total or partial disability,
75 shall be presumed to be accidental and suffered in the line of duty, provided
76 that such member shall have successfully passed a physical examination upon
77 entering such service, which physical examination including electrocardiogram
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78 failed to reveal any evidence of such condition.
79 In order to be entitled to presumption in the case of hepatitis,
80 meningococcal meningitis, or tuberculosis, the member must meet the
81 requirements of F.S. Section 112.181. The final decision whether a member
82 meets the requirements for duty disability pension rests with the board and
83 shall be based on substantial competent evidence on the record as a whole.
84 (2) Nonservice incurred. Effective October 1, 2000, any member with ten years of
85 continuous service who receives a nonservice incurred injury, illness, disease
86 or disability, and which illness, injury, disease or disability totally and
87 permanently disables him or her to the extent that, in the opinion of the Board
88 of Trustees, he or she is wholly prevented from rendering useful and efficient
89 service as a police officer, shall receive from the fund in equal monthly
90 installments an amount equal to 3.5% of his or her average final compensation
91 for each year of continuous service until death or recovery from disability
92 whichever shall first occur, provided, however, the maximum benefit to which
93 a member may become entitled under this paragraph shall not exceed 60% of
94 his or her average final compensation during said period, but in all cases the
95 benefit will be at least 25% of average final compensation during said period.
96 Such benefit shall be payable on the first day of each month, commencing on
97 the first day of the month following the latter to occur of the date on which the
98 disability has existed for three months and the date the Board of Trustees
99 approved the payment of such retirement income. Terminated persons,
100 either vested or non - vested, are not dig' • • • i : • ili _ • • •
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101 that those terminated by the city for medical reasons may apply for a
102 disability within 30 days after termination.
103 Section 3. It is the intention of the City Commission of the City of Boynton Beach
104 that the provisions of this Ordinance shall become and be made a part of the Code of
105 Ordinances of the City of Boynton Beach, Florida. The Sections of this ordinance may be
106 renumbered, re- lettered and the word "Ordinance" may be changed to "Section," "Article" or
107 such other word or phrase in order to accomplish such intention.
108 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of
109 Resolutions in conflict herewith be and the same are hereby repealed to the extent of such
110 conflict.
111 Section 5. If any clause, section, or other part or application of this Ordinance
112 shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such
113 unconstitutional or invalid part or application shall be considered as eliminated and so not
114 effecting the validity of the remaining portions or applications remaining in full force and
115 effect.
116 Section 6. This Ordinance shall become effective when the following have
117 occurred:
118 (a) the City Commission has received and has accepted a report establishing the
119 actuarial soundness of these amendments;
120 (b) a copy of this Ordinance has been sent to the Florida Division of Retirement;
121 and
122 (c) when a collective bargaining agreement ratifying the foregoing changes to
123 pension benefits has been ratified by the City Commission and the Municipal
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124 Police Officers' Pension Board of Trustees, or their successor organization, or
125 a letter from such union stating it accepts the terms of this Ordinance or
126 otherwise does not object to its contents.
127 Upon satisfaction of all of the above requirements, then in that event, the terms and
128 provisions of this Ordinance shall become effective.
129 FIRST READING THIS 19 DAY OFMAY, 2015.
130 SECOND, FINAL READING and PASSAGE THIS °A DAY OF J u n e- , 2015.
131
132 CITY OF BOYNTON BEACH, FLORIDA
133
134 YES NO
135
136 Mayor — Jerry Taylor
137
138 Vice Mayor — Joe Casello ✓
139
140 Commissioner — David T. Merker ✓
141
142 Commissioner — Mack McCray ✓
143
144 Commissioner — Michael M. Fitzpatrick ✓
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146
147 VOTE 55-o
148
149 ATTEST:
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151
152 ∎ILL. > • , • . �►
153 it7 M. Prainito, MMC
154 Clerk
155
156 c.` 0
157
158 eal)
159
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160 TON
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1
1 i W 'KLAUSNER
KAUFMAN
JENSEN
LEVINSON
A PARTNERSHIP OF PROFESSIONAL. ASSOCIATIONS
ATTORNEYS AT LAW
Reply to: 400 Executive Center Drive
Suite 207
West Palm Beach, Florida 33401
Telephone: (561)686 -6550
Facsimile: (561)686 -2802
bonni(c�robertdklausner.com
May 5, 2015
VIA EMAIL TRANSMISSION
Lori LaVerriere, City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425
Re: Boynton Beach Police Officers' Pension Fund
Ordinance to Amend Plan Document
Our File No.: 0188
Dear Lori:
On behalf of the Board of Trustees of the Boynton Beach Police Officers' Pension
Fund ( "Fund "), attached is an ordinance to amend the Pension Plan Document at Section
18 -169 to provide for clarification that to apply for a disability benefit, an employee must
be a member and to amend the plan to provide for a 30 day period to apply in the event
a member is terminated from employment for medical reasons.
The Trustees would like to have this amendment considered by the City
Commission. I will provide the impact statement upon receipt. It is expected that this
language change will not have a cost impact.
If you have any questions regarding this or any other matter, please do not hesitate
to contact my office.
Sin ?rely yours,
BSJ:pah Bonni S. Jensen
Enclosure
E -Copy to: Board of Trustees
Administrator
H:\BB Police 0188 \Plan DoctAmendt2015\2015 -05 -05 Ltr to City re amend.wpd
7080 NORTHWEST 4TH STREET, PLANTATION, FLORIDA 33317
PHONE: (954) 916 -1202 • FAX: (954) 916 -1232
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