6563-00
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J
ORDINANCE NO. 6563-00
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION,
ARTICLE V, EMPLOYEE BENEFITS, DIVISION 3,
EMPLOYEES' PENSION PLAN, OF THE CODE OF
ORDINANCES OF THE CITY OF CLEARWATER;
AMENDING SECTION 2.393, DEFINITIONS; AMENDING
SECTION 2.395, PARTICIPATION; AMENDING SECTION
2.396, CONTRIBUTIONS TO THE PLAN; AMENDING
SECTION 2.397, BENEFITS UNDER THE PLAN;
AMENDING SECTION 2.398, TIME AND MANNER OF
BENEFIT PAYMENTS; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA, THAT:
Section 1. Chapter 2, Administration, Article V, Employee Benefits, Division 3,
Employees' Pension Plan, of the Code of Ordinances of the City of Clearwater is hereby
amended by amending Section 2.393, Definitions, by adding the definition of Early
retirement date; adding the definition of police officer, adding the definition of firefighter,
and amending the definition of normal retirement date, to read as follows:
Earlv retirement date shall mean the date on which a police officer or firefighter
participant has reached the age of 50 years and completed ten years of credited service.
Firefighter shall mean an actively employed full-time person employed by the city
including his initial probationary employment period. who is certified as a firefighter as a
condition of employment in accordance with the provisions of &633.35. Florida Statutes.
and whose duty it is to extinguish fires. to protect life and to protect property.
Normal retirement date shall mean
(1) The earlier of:
(2)
a. The date on which a participant has reached the age of 55 years and
completed 20 years of credited service,
b. The date on which a participant has completed 30 years of credited
service regardless of age, or
c. the date on which a participant has reached the age of 65 years and
completed 10 years of credited service. or
d. eo:- The date on which a participant has completed 20 years of credited
service, or reached the age of 55 and completed 10 years of credited
service. which service is of a character or type of employment that is
described below as "hazardous duty" or that the trustees have designated
as hazardous duty.
For this purpose, a participant's service shall be deemed "hazardous duty" if the
participant is a full-time sworn police officer certified in accordance with F.S. ~
Ordinance 6563-00
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943.1395, or a full-time firefighter certified in accordance with F.S. ~ 633.35,
and he is employed in police or fire positions as established by the employer.
Police officer shall mean an actively employed full-time person. employed by the
city. including employment during: his initial probationary employment period. who is
certified as a police officer as a condition of employment in accordance with the provisions
of F.S. ~ 943.1395. who is vested with authority to bear arms and make arrests. and whose
primary responsibility is the prevention and detection of crime or the enforcement of the
penal. traffic or highway laws of the state.
Section 2. Chapter 2, Administration; Article V, Employee Benefits; Division 3,
Employees' Pension Plan of the Code of Ordinances of the City of Clearwater is hereby
amended by amending Section 2.395. Participation by adding subsection (c) Separation
from employment for military service, to read as follows:
(c)
(1)
Seoaration from employment for military service
The years or fractional parts of a year that a participant 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 an Employee with the city to perform
training or service. and reemployment on or after December 12. 1994. shall
be added to his years of credited service for all purposes. including: vesting.
provided that:
a. The participant must return to his employment as an employee within one
(1) year from the earlier of the date of his military discharge or his
release from service.
.
b. The participant deposits into the plan the same sum that the participant
would have contributed if he had remained an employee during his
absence. The participant must deposit all missed contributions within a
period equal to three (3) times the period of military service. but not
more than five (5) years from the date of reemployment or he will forfeit
the right to receive credited service for his military service pursuant to
this section. except that a police officer or firefighter participant shall not
be required to deposit contributions to receive credited service.
c The maximum credit for military service pursuant to this section shall be
five (5) years.
d. The participant must have been discharged or released from service under
honorable conditions.
e. This section is intended to satisfy the minimum requirements of the
Uniformed Services Employment and Reemployment Rights Act
(USERRA). (P.L. 103-353). To the extent that this section does not meet
the minimum standards of USERRA. as it may be amended from time to
time. the minimum standards shall apply.
Section 3. Chapter 2, Administration; Article V, Employee Benefits, Division 3,
Employees' Pension Plan, of the Code of Ordinances of the City of Clearwater is hereby
. amended by amending Section 2.396, Contributions, subsection (a)(1), to read as follows:
(a) Employee contributions.
Ordinance 6563-00
2
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For each plan year, an employee required to participate in the plan shall
make regular contributions to the plan in the amount of eight percent of his
compensation. Employee contributions withheld by the employer on behalf
of the employee shall be deposited with the trustees at least monthly. except
that such contributions shall be deposited immediately after each pay period
for police officer and firefighter participants.
Section 4. Chapter 2, Administration Article V, Employee Benefits, Division 3,
Employees' Pension Plan, of the Code of Ordinances of the City of Clearwater is hereby
amended by amending Section 2.397. Benefits under the plan, to read as follows:
(1)
Sec. 2.397. Benefits under the plan.
(a) Normal retirement benefit.
(1) A participant shall be entitled to retire from the employ of his employer upon
such participant's normal retirement date.
(2) Upon reaching his normal retirement date, a participant shall be fully vested
in his accrued benefit and shall be entitled to receive, at the time and in the
manner described in section 2.398, his normal retirement benefit. Subject to
the provisions of paragraph (e) of this section 2.397:
a.
The normal retirement benefit shall be a monthly income, paid in
accordance with the normal form of benefit described below, that is
equal to the product of:
1. Two and one-half percent of the participant's average monthly
compensation, multiplied by
2. The participant's years of credited service.
.
(3)
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b. Effective for plan years beginning on or after January 1, 1996, in the
case of employees who are performing active service on behalf of the
employer on January 1, 1996, "two and three-quarters percent" shall
be substituted for "two and one-half percent" in subparagraph a.
above. An employee will be deemed to be performing active service
if he is actively employed by the employer (working on a continuous
basis), inclusive of light duty assignments made by the employer and
the use of sick leave, vacation leave, military leave, family medical
leave, or other approved leaves of absence from which the employee
is anticipated to return to regular duty. This subparagraph b. shall not
apply to employees who, as of January 1, 1996, no longer perform
active service for the employer but who remain on the employer's
payroll and are compensated for a given period on the basis of
vacation time, sick leave, severance benefits or any other type of
leave of absence and whose employment with the employer is
expected to terminate following such compensated period.
The normal form of benefit shall be an annuity paid monthly for the
life of the participant, with a 100 percent survivor annuity paid
monthly for a period of five years following the death of the
participant to the beneficiary or beneficiaries described in paragraph
(e) of this section 2.397; provided, further, that following such five
a.
.
Ordinance 6563-00
3
b.
year period the survivor annuity shall be reduced to 50 percent of the
original survivor annuity amount. except that. if greater for police
officers and firefighters. the normal form of benefit shall be an
annuity paid monthly for the life of the participant with 120 payments
guaranteed.
The survivor annuity paid to the participant's beneficiary or
beneficiaries in accordance with subparagraph (3)a. above shall cease
following
1. The last day of the month in which occurs the designated
beneficiary's death or remarriage, if such designated
beneficiary is the participant's spouse, or
.
2. The last day of the month in which occurs the designated
beneficiary's death or attainment of age 18, if the designated
beneficiary is the participant's child or children.
(4) In the event that a participant does not begin to receive his normal retirement
benefit at his normal retirement date, such participant shall be entitled to the
benefit he was entitled to receive at his normal retirement date, adjusted to
take into account his average monthly compensation and years of credited
service as of his actual retirement date.
.
(b)
(1)
Early retirement benefit.
A participant shall be entitled to retire from the employ of his employer upon
such participant's early retirement date.
(2) Upon reaching his early retirement date, the participant shall be fully vested
in his accrued benefit and shall be entitled to receive, at the time and in the
manner described in section 2.398, his early retirement benefit.
(3) A participant's early retirement benefit for police officer and firefighter
participants shall be determined in accordance with the provisions of
paragraph (a) above, and the amount of such benefit otherwise payable under
paragraph (a) shall be reduced by 3 percent per year to the aemarial
equi',alent of the beoofit otherwise payable under paragraph (a) abo"e.
(4) If a participant separates from service before satisfying the age requirement
for early retirement, but has satisfied the service requirement, the participant
will be entitled to an early retirement benefit upon satisfaction of such age
requirement.
(c) Disability benefit.
(1)
a.
A participant who is vested in his accrued benefit and who terminates
employment by reason of his disability shall be entitled to receive, at
the time and in the manner described in section 2.398, a disability
benefit equal to his accrued benefit as of the date of termination of his
employment.
A participant who is deemed by the committee to be disabled by
reason of an injury suffered or an illness contracted in the line of duty
need not satisfy the vesting requirement set forth in subparagraph
.
b.
Ordinance 6563-00
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c.
(l)a. above; provided, further, that the monthly amount of the
disability benefit payable to a participant described in this
subparagraph (l)b. shall not be less than 662/3 percent of such
participant's average monthly compensation.
The provisions of this paragraph (c.) shall apply to participants who
are determined by the committee to be disabled on or after January 1,
1996.
(2) A participant shall be considered disabled for purposes of the plan if, in the
opinion of the committee, the participant is disabled due to sickness or
injury, such disability is likely to be continuous and permanent from a cause
other than specified in subparagraph (3) below, and such disability renders
the participant unable to perform any useful, meaningful and necessary work
for the employer in an available position for which the participant is
reasonably qualified' or for which the participant may be reasonably trained
to perform, subject to the limitations below.
.
.
a.
If a participaflt employed as a s':/orR aoo state eertified (iR aeeordaaee
with F. S. 0 943.13 95) poliee officer (potiee reeruit, police officer,
police sergeant, police liel:lteRaflt, police eaptaiR, assistaflt or deputy
ehief or eOffll3arable sworR and state certified positions) or a smte
certified (iR aeeordaBce with F.S. 0 633.35), firefighter (firefighter,
fire liel:lteaaflt, distriet fire ehief, assistant or deputy chief or
comparable state eertified positioRS) is disabled to the extent that he
caMot reasonably cORtinl:le to perform fhe nmctioRs of His specific
positioR, bl:lt remains eapable of performiRg l:lseful, meaningful aad
Reeessary work, he may be assigned to an alternate positioR V/ifh the
employer as deseribed belm" iR liel:l of reeeiviRg disability beRefits
uflder tlie plaR.
1. If aR available ettHal le'/el positioR is available in IDe poliee or
fire departmcflt respecti';ely, the participaflt may be assigBed to
such positioft within the respecti'le departmeRt, such
assignment to be ',Vith no loss of base pay (as described belov/);
ef
2. If no ettHal level positioR is a'/ailable in fhe police or fire
depar..meRt respeetively, as referred to iR subparagraph 1.
aboye, the partieipant may be assigBed to aRother sworR aad/or
state certified positioR iR the respeetive department, if sl:leh
positioR is available, Sl:lch assignmeflt to be with no loss of
base pay regardless of whether the assignmeflt is to aft ettHal or
lower level positioR; or
3. If a position is not available pursl:laflt to s1:tbflaragraph 1. or 2.
above, fhe flartieipaflt may be assigRed to a non sworR aRd/or
BOft state eertified positioft withiR the respeeti'/e def)artmeflt, if
sl:lch position is w;ailable, ':lith such assignmeRt to be Wifh no
loss of base pay regardless of v;Hethcr the assignmeflt is to a
80ft swom and/or flOR state eertified position of equal or lo':/er
le'lel; or
4.
If aR assigRffieRt eannot be made pursuam to s1:tbparagraph 1.,
2. or 3. above, tHe }3articipaflt may be assigaed to an-y otlier
Ordinance 6563-00
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positioR witb tbe eR'lflloyer t:bat is a':ailable for wbieb t:be
particiflaat bas tbe skill aRd kno':/ledge to perform or for wbieb
the participaftt eaR reasoaably be trained to perform, saeh
assignmeftt to be wit:b RO loss of base pay regardless of
wbether the assignment to saeh position is at an eqaal or lower
ltweh-
5.
Tbe eR'lf>loyer will 13ro':ide not less than eight 13ositiofls '.vitbin
the police departmeftt a8cl aot less than fi'y'e positions in the fire
de13artmeRt that are iR tbe hazardoas ooty category as defined
iR seetioR 2.393, for alterRate assigRlReRt parposes iR lieu of
the reeeipt of disability paymeftts as pro,tided for iR this
seetioR. The specific positioRs as pro'tided by the employer
may '/ary from time to time aad Reed Rot be desigaated in
advaaee by the city. If alterRate positioRs include ones to
wbieb assigRlReRt pay is applieable ander a desigaated 1:1Riofl
eofttraet, the assignmeRt pay will be paid.
In the event that poliee officers or firefighters ha'te been
assigned to aR alternate positioR oats ide of their bargainiRg aait
iR lieu of disability eeRefits parsuaat to provisioRs of seetion
2.397 bereof beeffi:lse all the available alterRate positioas within
the eargaiaiag aRit vtere already assigRed aRd theR ORe of the
13ositioas withiR the bargaining anit becomes a'y'ailable, sl::lch
altenltltely assigRed employees sball be returaed to tfle position
'//ithiR the bargaiaiRg aRit positiOR OR a first 01:1t, first return
~
6.
~ Any police officer or firefighter participant who shall become totally
and permanently disabled to the extent that he is unable, by reason of
a medically determinable physical or mental impairment. to render
useful and efficient service as a police officer or firefighter, shall,
upon establishing the same to the satisfaction of the Board, be entitled
to a monthly pension provided for in subparagraph (c)(1 ).
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.
b. If a participant employed in a position other than as a sworn and state
certified police officer or a state certified firefighter is disabled to the
extent that he can not reasonably continue to perform the functions of
his specific position, but remains capable of performing useful,
meaningful and necessary work, he may be assigned to an alternate
position with the employer in lieu of receiving disability benefits
under the plan. For this purpose, the participant may be assigned to
any other position with the employer that is available for which the
participant has the skill and knowledge to perform or for which the
participant can reasonably be trained to perform, such assignment to
be with no loss of base pay regardless of whether the assignment to
such position is at an equal or lower level.
.
c.
For purposes of this paragraph (c)(2), the term "base pay" shall be
defined as compensation at the rate prescribed for the particular job
class in the employer's pay schedule.
Ordinance 6563-00
6
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Any hazardotls duty desigRated plaR participant who is assigned to aR
alterRate positioR iR lieH of reeei'liRg disability beRefits Hader the plaR
pHrSHaRt to provisions of }3aragrElflh (e)(2)a. of seetioR 2.397 of filis
}3laR shall e01Hifll::le to be desigRated as a hazardol::ls dtIty employee
regardless of file Ramre or 10eatioR of the altemate assigIlftleftt aRd
shall remiR his rank as a sV/om poliee officer or firefighter. 8\:1eh
partieipaftt shall remain eligible for retiremeftt as a hazardolis duty
employee.
d. e-:- The trustees of the plan shall make the determination in each instance
if a participant who has been found disabled pursuant to paragraph
(c )(2) above may be assigned to an alternate position with the
employer as provided in (c)(2)a. and b. hereof.
d.
(3)
a.
1.
2.
3.
. 4.
5.
6.
7.
.
b.
Each participant who is not a police officer or firefighter who is
claiming disability benefits shall establish, to the satisfaction of the
committee, that such disability was not occasioned primarily by:
Excessive or habitual use of any drugs intoxicants, or alcohol;
Injury or disease sustained while willfully and illegally
participating in fights, riots or civil insurrections;
Injury or disease sustained while committing a crime;
Injury or disease sustained while serving in any branch of the
Armed Forces;
Injury or disease sustained after his employment as an
employee with the employer shall have terminated;
Willful, wanton or gross negligence of the participant; or
Injury or disease sustained by the participant while working for
anyone other than the employer and arising out of such
employment.
8. A condition pre-existing the participant's participation in the
plan. No participant shall be entitled to a disability pension,
whether in line of duty or not in line of duty. because of or due
to the aggravation of a specific injury. impairment or other
medical condition pre-existing at the time of participation in
the plan. provided that such pre-existing condition and its
relationship to a later injury. impairment or other medical
condition be established by competent substantial evidence.
Nothing herein shall be construed to preclude a disability
pension to a participant who. after membership in the plan.
suffers an iniury. impairment or other medical condition
different from some other injury. impairment. or other medical
condition existing at or prior to said participation.
No }3artieipaftt shall be efttitled to a disability beRefit, 'llhetller iR line
of duty or Rot iR lifte of daty, because of or d\:1e to the aggravatioR of
a sfleeifie iRjHl')', impairmeftt or other medieal eoflclitioa pre existiag
Ordinance 6563-00
7
3.
4.
. 5.
,~
.
(4)
~
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the employee's participatioR iR llle plaa; provided, l'lov:e':er, tl'lat such
pre existiag eoH:dition and its relationship to a later injary, impairmeH:t
or otl'ler m.edieal e01'ldition is establisl'led by competent substaH:tial
evide1'lee. Notl'liRg l'lereiR sl'lall be eORstraed to preelade a disability
be1'lefit for a partieipaRt who, after eommefl:eiRg partieipation iR tl'le
plafl: stlfrers aR iRjary, im.pairment or other medical eondition differeRt
from. some otl'ler ifl:jary, impairment, or other medical eondition
existing at or prior to partieipatioR iR tl'le plaR.
Each police officer or firefighter participant. who is claiming
disability benefits. shall establish to the satisfaction of the committee.
that such disability was not occasioned primarily by. (except that
paragraph 5 is only applicable to police officers):
1. Excessive or habitual use of any drugs. intoxicants or
narcotics.
2. Injury or disease sustained while willfully and illegally
participating in fights. riots or civil insurrections or while
committing a crime.
Injury or disease sustained while serving in any branch of the
Armed Forces.
Injury or disease sustained by the participant after his employ-
ment as a police officer or firefighter with the City of
Clearwater shall have terminated.
a.
For police officer participants. injury or disease sustained by
the participant while working for anyone other than the City
and arising out of such employment.
A participant shall not become eligible for disability benefits until and
unless he undergoes a physical examination by a qualified physician
or physicians, who shall be selected by the committee for that
purpose.
b.
Any former participant receiving disability benefits under
provisions of this plan may be periodically re-examined by a
qualified physician or physicians who shall be selected by the
committee to determine if such disability has ceased to exist or
if the former participant may be employed in an available
position for which the participant is reasonably qualified in
accordance with the provisions in paragraph (c)(2) above. If
the committee finds that the former participant is no longer
disabled or is capable of performing service for the employer
in accordance with the provisions of subparagraph (2) above,
the committee may request the former participant to return to
the employ of the employer. If the former participant returns
to the performance of duty as an employee, he shall again be
eligible to participate in the plan. In the event a former
participant is no longer disabled or is deemed capable of
returning to employment with the employer in accordance with
the provisions of subparagraph (2) above, and he does not
return to employment with the employer pursuant to the
committee's request, he shall forfeit the right to his disability
1.
Ordinance 6563-00
8
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benefit; provided further, that if an employee accepts
employment with another employer in an occupation or line of
work similar to the occupation or line of work that resulted in
the employee being eligible for a disability benefit hereunder,
he shall forfeit the right to his disability benefit.
A participant who returns to employment with the employer
and recommences participation in the plan shall not receive
credited service for the period during which he received
disability benefits under the plan.
c. The cost of the physical examination and/or re-examination of the
employee claiming and/or receiving disability benefits shall be borne
by the plan. All other reasonable costs as determined by the
committee incident to the physical examination, such as, but not
limited to, transportation and meals, shall be borne by the plan.
2.
.
d. The committee may establish such other rules and procedures as it
deems necessary to implement the provisions of this paragraph c..
(5) A participant whose employment is terminated by reason of his death in the
line of duty shall, for purposes of the plan, be deemed to have been disabled
in the line of duty, and the participant's beneficiary shall be entitled to
receive a disability benefit as described in paragraph (c)(I) above.
If a participant receives a disability benefit under the plan and workers'
compensation benefits pursuant to F.S. Ch. 440 for the same disability, and
the total monthly benefits received from both exceed 100 percent of the
participant's average monthly wage, as defined in F.S. Ch. 440, excluding
overtime, the disability benefit shall be reduced so that the total monthly
amount received by the participant does not exceed 100 percent of such
wage. The amount of any lump sum workers' compensation payment shall
be converted to an equivalent monthly benefit payable for ten years certain
by dividing the lump sum amount by [section] 83.9692. Notwithstanding the
foregoing. in no event shall the disability pension benefit of a police officer
or firefighter participant be reduced below the greater of forty-two percent of
average final compensation or two percent of average final compensation
times years of credited service.
(6)
(7) In-Line of Duty Presumvtions.
a. Presumption. Any condition or impairment of health of a police
officer or firefighter participant 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
participant shall have successfully passed a physical examination upon
entering into such service. including cardiogram for police officer
participants. which examination failed to reveal any evidence of such
condition: and provided further. that such presumption shall not apply
~o benefits payable or granted in a policy of life insurance or disability
Insurance.
.
b.
Additional Presumption. The presumption provided for in this para-
graph b shall apply only to those conditions described in this para-
graph b that are diagnosed on or after January 1. 1996.
Ordinance 6563-00
9
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.
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1.
Definitions. As used in this subsection 7.b.. the following
definitions apply:
(i) "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.
"Emergency rescue or public safety Member" means
any participant employed full time by the city as a
firefighter. paramedic. emergency medical technician.
law enforcement 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.
(ii)
(iii) "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.
(iv) "High risk of occupational exposure" means that risk
that is incurred because a person subiect to the
provisions of this subsection. in performing the basic
duties associated with his employment:
a) Provides emergency medical treatment in a non-
health-care setting where there is a potential for
transfer of body fluids between persons:
b)
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 instru-
ments exposed to body fluids:
Engages in the pursuit. apprehension. and arrest
of law violators or suspected law violators and.
in performing such duties. may be exposed to
body fluids: or
c)
Ordinance 6563-00
10
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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.
(v) "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.
d)
(2) Presumption. Any emergency rescue or public safety participant 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 participant must. by written affidavit
as provided in Section 92.50. Florida Statutes. verify by written
declaration that. to the best of his knowledge and belief:
(i) In the case of a medical condition caused by or derived from
hepatitis. he has not:
.
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;
b) 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:
a)
c) 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
d) Used intravenous drugs not prescribed by a physician.
(ij) In the case of meningococcal meningitis. in the ten (10) days
immediately preceding diagnosis he was not exposed. outside
the scope of his employment. to any person known to have
meningococcal meningitis or known to be an asymptomatic
carrier of the disease.
.
(im In the case of tuberculosis. in the period of time since the
participant's last negative tuberculosis skin test. he has not
Ordinance 6563-00
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.
3.
been exposed. outside the scope of his employment. to any
person known by him to have tuberculosis.
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 presumption 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 participant may
be required by the city to undergo the immunization or prophylaxis
unless the participant's physician determines in writing that the
immunization or other prophylaxis would pose a significant risk to the
participant's health. Absent such written declaration. failure or
refusal by an emergency rescue or public safety participant to undergo
such immunization or prophylaxis disqualifies the participant from the
benefits of the presumption.
Record of Exposures. The City shall maintain a record of any known
or reasonably suspected exposure of an emergency rescue or public
safety participant in its employ to the disease described in this section
and shall immediately notify the participant of such exposure. An
emergency rescue or public safety participant 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.
4.
5.
Required medical tests: oreemoloyment ohvsical. In order to be
entitled to the presumption provided by this section:
(0 An emergency rescue or public safety participant must. prior
to diagnosis. have undergone standard. medically acceptable
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. This paragraph does not apply in the case of
meningococcal meningitis.
(in On or after June 15. 1995. an emergency rescue or public
safety participant may be required to undergo a preemployment
physical examination that tests for and fails to reveal any
evidence of hepatitis or tuberculosis.
(d) Termination of employment benefit.
(1) In the event a participant's employment with his employer is terminated for
reasons other than retirement, disability or death, such participant shall be
entitled to receive, at the time and in the manner described in section 2.398,
a termination of employment benefit that is equal to the participant's vested
interest in his accrued benefit as of the date of his termination of
employment.
.
(2)
a.
A participant I s vested interest in his accrued benefit shall be the
following percentage of his accrued benefit, based upon such
Ordinance 6563-00
12
.
participant's full years of credited serVIce as of the date of his
termination of employment:
TOTAL NUMBER OF
FULL YEARS OF
CREDITED SERVICE
VESTED
INTEREST
Less than 10 Years of Credited Service
0%
100%
10 years or more
b. Notwithstanding the foregoing schedule, a participant shall be fully
vested in his accrued benefit upon attaining his early retirement date
or his normal retirement date.
(3) A participant who terminates employment with the employer prior to his
early retirement date or his normal retirement date may elect to receive the
total contributions he has made to the plan, together with five percent simple
interest on such contributions. Upon making such election, the participant's
interest in his accrued benefit shall be forfeited.
(4)
.
If a participant terminates employment prior to his early retirement date or
his normal retirement date and receives a distribution of his contributions
(plus interest thereon) and is subsequently reemployed and again becomes a
participant in this plan, his credited service for purposes of vesting and
benefit accruals shall not include any periods of employment prior to his
reemployment date unless he repays to the pension fund the greater of (i) the
full amount previously distributed to him plus interest at the rate of five
percent per annum from the date of distribution to the date of repayment or
(ii) the actuarial present value of the accrued benefit previously forfeited.
Such repayment must be made no later than the second anniversary of the
participant's reemployment. except that if it is made by a police officer or
firefighter participant no later than 90 days after reemployment. such
repayment shall be the full amount previously distributed to him plus interest
at a rate determined by the trustees. If a participant repays the foregoing
amount to the pension fund within the prescribed time period, the interest of
the participant in his accrued benefit previously forfeited under subparagraph
(3) above shall be restored in full and the participant's credited service shall
be based on all periods of employment.
(e) Death benefit.
(1)
.
a.
1.
In the event of the death of a participant who is vested in his
accrued benefit prior to his termination of employment, his
beneficiary (as described below) shall be entitled to receive a
death benefit at the time and in the manner described in section
2.398. Said death benefit shall be in an amount equal to the
accrued benefit of such participant as of the date of his death.
The participant's beneficiary may elect to receive, in lieu of
the death benefit under the plan, the total contributions made
by the participant to the plan, together with five percent simple
interest on such contributions. Upon making such election, the
participant's beneficiary shall forfeit any right to a death
benefit under the plan.
2.
Ordinance 6563-00
13
.
If the participant does not have a beneficiary, the total
contributions made by the participant to the plan, together with
five percent simple interest on such contributions, shall be paid
to the participant's estate.
b. In the event of the death of a participant who is not vested in his
accrued benefit prior to his termination of employment, his
beneficiary (or, if there is no beneficiary, his estate) shall be entitled
to receive the total contributions made by the participant to the plan,
together with five percent simple interest on such contributions.
3.
(2) A participant whose employment is terminated by reason of his death in the
line of duty shall be deemed, for purposes of the plan, to have been disabled
in the line of duty and his benefit shall be determined in accordance with
paragraph (c)(5) of this section 2.397.
(3) The participant's surviving spouse shall be deemed to be the beneficiary
designated to receive the death benefit payable under the plan, and if none,
his children under the age of 18 who are the participant's dependents (within
the meaning of Section 152 of the Internal Revenue Code) at the time of his
death.
(4)
.
(f)
(1)
.
If the total contributions made by the participant to the plan, together with
five percent simple interest on such contributions, exceed the value of the
death benefit paid under the plan, the amount by which such contributions
(including interest thereon) exceed the value of the death benefit paid under
the plan shall be paid to the participant's estate.
Limitations on arrwunt of benefits.
a. Not',vithstaflcliflg any other provIsion of this seetion 2.397 to the
contrary, the flrojeeted Benefit for a participant (under this fllan and
l:lnder all other defined benefit plans maiFltained by the employer,
whether or not terminated) vmen expressed as a benefit payable
aBffi:lally iFl the form of a straight life annuity '.vithol:lt regard to the
death benefit or any other aFleillary Benefit, shall not at aITY time
withiFl the limitation year exec cd the lesser of
1. $90,000.00 (adj1:lsted 1:lader such regl:llations as may be issl:led
by the seereEary of treasary); or
2. 100 pereent of the partieipaFlt's average molHhly eompeFlsation.
Notwithstaflcling the foregoing, the BeFlefit payable ':/ith respeet to a
partieiflaFlt shall be deemed not to exeeed the limiEatioFls set forth ifl
subparagraph 1. If the benefit flayaBle vlith resfleet to sl:leh partieiflant
\:lflcler this plan aOO under all other defiFled Beaefit fleFlsioFl fllans to
which the employer eoFltriBl:ltes, does not exceed $10,000.00 f-or the
apfllieable fllan year and for any plan year and the employer has FlOt at
any time mainEained a defined eontrib1:ltion plan in whieh the
f'artieif)ant flartieipated.
B.
e.
The limiEations in sl:lbparagraphs (l)a.l., (1)a.2. and (1)b. abo'le,
shall be HR:lltif'lied BY a fraetion (not in exeess of one), the n1:lmerator
Ordinance 6563-00
14
.
.
.
d.
. , . am of flartieiflatioR iR
. eel' of fue flartie~a~ s ) e :f; rth iR s1:1bflaragr~h
of wloioR 10 tke -- f !he sollar limJtal100 oet -f retlited .erviee (m
Ike "loa (iR IRe ellS:e~ of tke "artioijloRt's 0)M~ 0 ~ (1)1>.) IIBt! Ike
(l)a.1.) or the nUFl'!-mitation set forth..n a..
Ike ease of ~}. k io .itko, ....., I' lea. .
denolR_1or of _RI. '. $90900.00 lilRilotmo set
ft ealeOOar year, the , a'1:1sted as aRd If
'. of JIHiIIllfj' I of ..... Ija 1 abov., oltoll 1>. a--J . .eeR adj""l.d
f~rtk io subjl...grlljlR ~ 'of Ike trellSory, aad ailouM lilRooooo
p.r!Rill.s I>y I~~ .::;~ .ffe.tiv. as the _Xl":, sollar ii_lOa
Ii_Klo "t'" fo:::'.t eol.ndar year. '?'il ":.';;Iy te liR1ilalioo ye...
1:1Rder the fl aR _ as so adj1:1sted, s a
for a ealeaclar ) ~~~ ' 1:1eh ealeRe:lar year.
.odiog witk or WI m. . eRt I>eoefilll I>eeo....
I tho eyent the participan~s r$~beooo.oo limitation s~t
n -able bef-ore age 62, t e eo:-e shall be reclt1eed III
fa} IR io sobjl...grlljlR (1).. L II- ~e~ I>y the s.eretary of
sr .tit egulatIofls ISS
aeemdaace WI r t belo'" $75 000.00.
- b1:1t no n ,
tIte trea..,!) , I> fit, "eeo....
.. f fetlremeflt efle . t
In the e'/eat the partteIflaR h S $90 000. 00 limitation s~
"oyoble I>ofare age ~~ h: i olto:"" .hIlll "e redti~ ~~
fenk io seb~~b~:'I.ti~' isso.s I>y . 'r :~~:Ieot of
aee()rdaaee nIt below the act1:1ana e
the treasury, B1:1t ao
$75 000.00 .t age 55. k
' ':f; rth in subparagrap
10 no eveRt .kall IRe li;la~o~ose:", 0 IlIROORt less ~
1 1 ab()ve be re .1:1ce d ee ':lith the IRterna
tdo'ooo.OO (iod."e8 10 ..ef~ofu,. or fir.figkters ",:Ho
.' Code) In tRe ease 0 d fined III SectIOn
Re\ eR1:1e . tici:(3ants as e
are qualIfied flar I t mal Re';eIRle Code.
415(1))(2)(H) of the 0 e a 'abl. afler
. ent benefit beeomes p ) fit meets
If the "artieipOB~:e::;r:'terlRiHiog wloellt.h :~:.:..- - (1 )0. 2.
og. 65, ~"'t2' lilflilal;eo s.t forlR d'o ~ it i. actearially
IR. $9(1, . I> efit ,ko11 be. adJoole so 65 Thi. o8jo.tmenl
above, .eek ~: benefit beglRl110g at ag~ rat~ of !i',. "ereeRl
e::r~:':..:.~. ""jog Oft ao~-.:': ,!.:r::gillatiOR8 prmoolgoted
S ade in aeeor aR n
aOO shall be m _ f the treasury.
"y lIie secrelof) 0 . . . bOIR a t1efinet!
- rtiei:(3ant partICIpates IR . . ned b~- his
10 IRe .""fIt ae: "'Z,l.:es .0otrHlHOOO "loa IR":,,~ d.fined
"eoo!it !'lOB Oft :rfiliate theroof, IR~O ~. ti::- 415(e) of tke
~1fIjl1&1'.~1: froetioo (.s d'dH':: :J.!i~d .ootrlketir,,!,:::
I eo 01 a........, Cod.) OB 415(,,) of IRe lBIomal e,
otefR · d' S.otlOn d I 0
&-"01;00 (as "."r::.i~:~-YeJlr shall net exeee .. .
Coo.) fer aOj' I " !it "lOB 1'<001100
m of the defiRed eRe 1 9 theft tae
10 Ike .v.ot tka:o::~::aoo "loa fro..tion ex..;:,,~ i';-~ ooifono
IIBt! tke d.Hnet! k II taI<e .ooh aellORS, a"" h I>.oefits aod
plaR admIlHstrator s a aIHier as '11111 keep t e
. . 'ftatsry m ~ ,
IIBt! nooolSOfmu Oroin~" 6563-00
e.
1.
(i)
(ii)
(ii)
2.
f.
1.
2.
15
.
ill
(2)
.
(3)
.
alllltlal RdditioRs for S\:lefl partIelpams from exeeediRg these
limits. }..cljl:1stmems shall be made to this filaR bef-ore any
Rdjl:1stments shall be reqt:lired to Ray other plans.
Basic Limitation.
Subiect to the adiustments hereinafter set forth. the maximum amount of
annual retirement income payable with respect to a participant under this
plan shall not exceed $90.000.00.
For purposes of applying the above limitation. benefits payable in any form
other than a straight life annuity with no ancillary benefits shall be
adiusted. as provided by Treasury Regulations. so that such benefits are the
Actuarial Equivalent of a straight life annuity. For purposes of this Section.
the following benefits shall not be taken into account:
a. Any ancillary benefit which is not directly related to retirement
income benefits:
b. Any other benefit not required under ~415(b)(2) of the code
and regulations thereunder to be taken into account for pur-
poses of the limitation of ~415(b)(1) of the code.
Participation in other defined benefit plans.
The limitation of this section with respect to any participant who at any time
has been a participant in any other defined benefit plan (as defined
in ~414(i) of the code) maintained by the city shall apply as if the total
benefits payable under all defined benefit plans in which the participant has
been a participant were payable from one (1) plan.
Ad;ustments in limitations.
a. In the event the participant's retirement benefits become payable
before age 62. the $90.000.00 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 $75.000.00. if the benefit begins at or after age
55. In the event the participant's retirement benefit becomes payable
before age 55. the $75.000.00 limitation shall be reduced from age 55
in accordance with regulations issued by the Secretary of the Treasury
pursuant to the provisions of ~415(b) of the code. A participant with
at least fifteen (15) years of Credited Service may not have the benefit
reduced below $50.000.00.
b. In the event a police officer or firefighter participant's benefit is based
on at least fifteen (15) years of credited service. the adiustments
provided for in a. above shall not apply.
c. The reductions provided for in a. above shall not be applicable to
disability benefits paid pursuant to Section 2.397(c), or pre-retirement
death benefits paid pursuant to section 2.397(e).
d.
In the event the participant's retirement benefit becomes payable after
age 65. for purposes of determining whether this benefit meets the
limitation set forth in subsection (1) herein. such benefit shall be
adjusted so that it is actuarially equivalent to the benefit beginning at
Ordinance 6563-00
16
age 65. This adiustment shall be made using an assumed interest rate
of five percent and shall be made in accordance with regulations
promulgated by the Secretary of the Treasury or his delegate.
Less than ten (10) years of service.
The maximum retirement benefits payable under this section to any
participant who has completed less than 10 years of credited service with the
city shall be the amount determined under subsection (1) of this section
multiplied by a fraction. the numerator of which is the number of the
participant's years of credited service and the denominator of which is ten
(10). The reduction provided for in this subsection shall not be applicable to
disability benefits paid pursuant to section 2.397(c). or pre-retirement death
benefits paid pursuant to section 2.397(e).
(5) Ten thousand dollar ($10.000) limit.
.
(4)
(6)
.
(7)
.
Notwithstanding the foregoing. the retirement benefit payable with respect to
a participant shall be deemed not to exceed the limitations set forth in this
section if the benefits payable. with respect to such participant under this
plan and under all other qualified defined benefit pension plans to which the
city contributes. do not exceed $10.000.00 for the applicable plan year and
for any prior plan year and the city has not at any time maintained a qualified
defined contribution plan in which the participant participated.
Participant in defined contribution plan.
In any case where a participant under this plan is also a participant in a
"Defined Contribution Plan" as defined in ~414(i) of the Code. maintained
by the city. the sum of the "Defined Benefit Plan Fraction" and the "Defined
Contribution Plan Fraction" (both as defined in ~415(e) of the Code) shall
not. subiect to the restrictions and exceptions contained in ~2004 of the Act.
exceed 1.0. This limitation is repealed effective January 1. 2000.
Reduction of benefits.
Reduction of benefits and/or contributions to all plans. where required. shall
be accomplished by first reducing the participant's benefit under any defined
benefit plans in which participant participated. such reduction to be made
first with respect to the plan in which participant most recently accrued bene-
fits and thereafter in such priority as shall be determined by the board and
the plan administrator of such other plans. and next. by reducing or allo-
cating excess forfeitures for defined contribution plans in which the
participant participated. such reduction to be made first with respect to the
plan in which participant most recently accrued benefits and thereafter in
such priority as shall be established by the board and the plan administrator
for such other plans provided. however. that necessary reductions may be
made in a different manner and priority pursuant to the agreement of the
board and the plan administrator of all other plans covering such participant.
Ordinance 6563-00
17
.
~
.
.
(8)
Cost -of-living ad;ustments.
The limitations as stated in subsections (1). (2).(3) and (6) herein shall be
adiusted to the time payment of a benefit begins in accordance with any cost-
of-living adiustments prescribed by the Secretary of the Treasury pursuant to
~415(d) of the code.
This subparagraph ~ i21 shall apply to the amount of benefit (as such term
is described below) under this plan for any participant who is considered a
restricted participant (as such term is described below). Such benefit shall be
limited to an amount equal to the payments that would have been made on
behalf of the restricted participant under a life annuity form of payment that
is the actuarial equivalent of the restricted participant's accrued benefit under
the plan.
a. For purposes of this subparagraph ~ i21, the term "benefit" shall
include retirement income provided by the plan, plus loans in excess
of the amounts set forth in Section 72(p )(2)(A) of the Internal
Revenue Code, any periodic income, any withdrawal values payable
to a living participant and any death benefits not provided for by
insurance on the participant's life.
For purposes of this subparagraph ~ i21, the term "restricted
participant" shall mean all highly compensated employees. In anyone
plan year, the total number of participants whose benefits are subject
to restriction under this subparagraph ~ i21 shall be limited by the
plan to a group of not less than 25 highly compensated employees
with the greatest compensation.
i21
b.
c. Notwithstanding the foregoing, the limitations set forth in this
subparagraph ~ i21 shall not restrict the current payment of the full
amount of retirement income provided by the plan if:
1. After payment to a restricted participant of all of the benefit
described above, the value of plan assets equals or exceeds 100
percent of the value of current liabilities, as defined in Section
412(1)(7) of the Internal Revenue Code, or
2. The value of the benefit described above for a restricted
participant is less than one percent of the value of current
liabilities, as defined in Section 412(1)(7) of the Internal
Revenue Code.
(g) Forfeiture of pension
(1 ) Any participant who is convicted of the following offenses committed prior
to Retirement. or whose employment is terminated by reason of his admitted
commission. aid or abetment of the following specified offenses. shall forfeit
all rights and benefits under this plan. except for the return of his
accumulated contributions as of the date of termination. Specified offenses
are as follows:
a.
The committing. aiding or abetting of an embezzlement of public
funds:
Ordinance 6563-00
18
.
b.
The committing. aiding or abetting of any theft by a public officer or
employee from employer:
c. Bribery in connection with the employment of a public officer or
employee:
.
d. Any felony specified in Chapter 838. Florida Statutes.
e. The committing of an impeachable offense.
f. The committing of any felony by a public officer or employee who
willfully and with intent to defraud the public or the public agency.
for which he acts or in which he is employed. of the right to receive
the faithful performance of his duty as a public officer or employee.
realizes or obtains or attempts to obtain a profit. gain. or advantage
for himself or for some other person through the use or attempted use
of the power. rights. privileges. duties or position of his public office
or employment position.
(2) Conviction shall be defined as an adiudication of guilt by a court of
competent iurisdiction: a plea of guilty or a nolo contendere: a iury verdict of
guilty when adiudication of guilt is withheld and the accused is placed on
probation: or a conviction by the Senate of an impeachable offense.
Court shall be defined as any state or federal court of competent iurisdiction
which is exercising its iurisdiction to consider a proceeding involving the
alleged commission of a specified offense. Prior to forfeiture. the board
shall hold a hearing on which notice shall be given to the participant whose
benefits are being considered for forfeiture. Said participant shall be
afforded the right to have an attorney present. No formal rules of evidence
shall apply. but the participant shall be afforded a full opportunity to present
his case against forfeiture.
(3)
(4) Any participant who has received benefits from the plan in excess of his
accumulated contributions after participant's rights were forfeited shall be
required to pay back to the plan the amount of the benefits received in excess
of his accumulated contributions. The board may implement all legal action
necessary to recover such funds.
(5) Conviction and foifeiture; false. misleading or fraudulent statements for
police officer and firefighter participants
a. 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 plan.
b. A person who violates subsection a. commits a misdemeanor of the
first degree. punishable as provided in Section 775.082 or Section
775.083. Florida Statutes.
.
c.
In addition to any applicable criminal penalty. upon conviction for a
violation described in subsection a.. a police officer or firefighter
participant or Beneficiary of the plan may. in the discretion of the
Ordinance 6563-00
19
Board. be required to forfeit the right to receive any or all benefits to
which the person would otherwise be entitled under the plan. For
purposes of this subsection. "conviction" means a determination of
guilt that is the result of a plea or trial. regardless of whether
adiudication is withheld.
Section 5. Chapter 2, Administration, Article V, Employee Benefits, Division 3,
Employees' Pension Plan, of the Code of Ordinances of the City of Clearwater is hereby
amended by amending Section 2.398, Time and manner of benefit payments, subsections
(a)(I)c., and (b)(2), to read as follows:
.
c.
.
(2)
a.
.
The amount of the disability benefit to which a participant is
entitled under paragraph (c) of section 2.397 shall commence
as of the end of the month that next follows the later of (1) the
month in which a determination is made as to the participant's
disability or (2) the month in which the participant terminates
employment, continuing as of the last day of each month
thereafter during his lifetime and the lifetime of his
beneficiary, if any, with 120 payments guaranteed; .
2. No payment shall be made with respect to the month in which
a determination is made as to the participant's disability or the
month in which the participant terminates employment;
provided, however, that a full monthly payment will be made
for the month in which the participant or his beneficiary dies.
1.
~
Provided. however. the disability retiree may select. at any
time prior to the date on which benefit payments. begin. an
optional form of benefit payment as described in Section 2.398
(b )(2) 1 or 3. which shall be the actuarial equivalent of the
normal form of benefit.
In lieu of the normal form of payment described in subparagraph (l)a.
above, a participant's retirement, disability or termination of
employment benefit may be paid in one of the following optional
forms as elected by the participant. The optional forms, which shall
be the actuarial equivalent of the benefit that would otherwise be paid
to the participant, are as follows:
1. Monthly income payments for the life of the participant.
2.
Monthly income payments for a ten years certain and life
thereafter, under which the participant receives payments
during his lifetime and, if he dies after he has begun to receive
payments but before he has received 120 payments, the
remaining payments shall be made to his designated
beneficiary; provided, further, that if the designated
beneficiary predeceases the participant, the participant may
designate a new beneficiary to receive any payments due after
his death. If the participant does not designate a new
beneficiary, the payments required under this option following
the participant's death shall be paid to the participant's estate.
If the designated beneficiary begins to receive payments under
this option and such designated beneficiary dies before the end
Ordinance 6563-00
20
.
.
.
3.
of the ten-year period, the remaining payments shall be paid to
the designated beneficiary's estate.
Monthly income payments for the life of the participant and,
after his death, a survivor annuity payable for the life of the
participant's designated beneficiary equal to 100 percent, 75
percent, 66 2/3 percent or 50 percent of the amount payable to
the participant. Police officer and firefighter participants shall
be permitted to change his ioint annuitant as provided for in
175.171. 175.333. 185.161 and 185.341.
b. Each participant shall have the right to designate a beneficiary for
purposes of the optional forms of benefit payment described in this
paragraph and to revoke any such designation. Each designation or
revocation shall be evidenced by written instrument filed with the
committee and shall be effective upon filing with the committee.
Section 6. If any provision of this ordinance or any policy or order thereunder of
the application of such provision to any person or circumstances shall be held invalid, the
remainder of this ordinance and the application of such provision of this ordinance or of
such policy or order to persons or circumstances other than those to which it is held invalid
shall not be affected thereby.
1999.
Section 7. This ordinance shall become effective retroactively on December 31,
PASSED ON FIRST READING
June 1, 2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
June 15, 2000
B~.r-
Mayor-Commissioner
Approved as to form:
Attest:
~
~t-
. <l E. Goudeau
erk
Ordinance 6563-00
21