9813-25 Docusign Envelope ID: DOA8825D-F504-43B7-B7D9-E1957F6622AD
ORDINANCE NO. 9813-25
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA;
AMENDING CHAPTER 2, ARTICLE V, DIVISION 3, EMPLOYEES'
PENSION PLAN, AMENDING SECTION 2.413 PLAN ADMINISTRATION;
AMENDING SECTION 2.418 DISABILITY BENEFITS; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR A REPEALER; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Clearwater Employees' Pension Plan (the "Plan") governs
the payment of retirement benefits for City employees; and
WHEREAS, the City and labor unions have agreed to a change in the disability
process for all members; and
WHEREAS, the Plan's actuary has studied the cost of this amendment; and
WHEREAS, the City has determined that the adoption of this Ordinance to be in
the best interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA, THAT:
Section 1: Section 2.413 of the Code of Ordinances of the City of Clearwater is hereby
amended to read as follows:
Section 2.413. — Plan Administration.
(a) Administration of the plan. The trustees, in conjunction with the committee, shall
control and manage the operation and administration of the plan as provided in
this section.
(b) Trustees.
(1) The members of the city council of the employer, whether elected or
appointed, shall serve as the trustees. The term of office of each trustee
shall be consistent with his term of office as a member of the city council.
(2) The finance director of the employer shall be the treasurer for the trustees
and shall provide such bond as may be prescribed by the trustees.
(3) Each trustee shall be entitled to one vote. Three affirmative votes shall be
necessary for any decision by the trustees at a meeting of the trustees. A
trustee shall have the right to recuse himself from voting as the result of a
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conflict of interest provided that the trustee states in writing the nature of
the conflict.
(4) The trustees shall not receive any compensation for service as a trustee,
but may be reimbursed expenses as provided by law; provided, however,
that the trustees may receive compensation for services as a member of
the city council.
(c) Powers and duties of trustees. The trustees shall have final authority and control
over the administration of the plan herein embodied, with all powers necessary
to enable them to carry out their duties in that respect. Not in limitation, but in
amplification of the foregoing, the trustees shall have the power and discretion to
interpret or construe this plan and to determine all questions that may arise as to
the status and rights of the participants and others hereunder. The trustees shall
be deemed the named fiduciary of the plan and shall discharge their
responsibilities solely in the interest of the members and beneficiaries of the plan
for the exclusive purpose of providing benefits to the members and their
beneficiaries and to defray the reasonable expenses of the plan. The trustees
shall exercise those fiduciary responsibilities with the care, skill, prudence and
diligence that a prudent person acting in a like capacity and familiar with such
matters would use in the conduct of an enterprise of a similar character and with
similar aims under the circumstances then prevailing.
The trustees may:
(1) Invest and reinvest the assets of the pension fund to the extent permitted
by Florida law. Notwithstanding any provision to the contrary, direct
investments, including real estate investments, in businesses or property
located within the City of Clearwater shall be prohibited;
(2) Maintain such records as are necessary for calculating and distributing
retirement benefits;
(3) Maintain such records as are necessary for financial accounting and
reporting of retirement plan funds;
(4) Maintain such records as are necessary for actuarial evaluation of the
retirement plan, including investigations into the mortality, service and
compensation experience of its members and beneficiaries;
(5) Compile such other administrative or investment information as is
necessary for the management of the retirement plan;
(6) Process, certify and respond to all correspondence, bills and statements
received by the retirement plan, as well as all applications submitted to the
board for retirement benefits;
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(7) Establish and maintain communication with city departments and other
agencies of government as is necessary for the management of the
retirement plan, including preparing, filing and distributing such reports
and information as are required by law to be prepared, filed or distributed
on behalf of the retirement plan-,
(8) Determine all questions relating to, and process all applications for,
eligibility, participation and benefits-,
(9) Distribute at regular intervals to employees a comprehensive summary
plan description and periodic reports, not less than biennially, regarding
the financial and actuarial status of the plan-,
(10) Retain and compensate such professional and technical expertise as is
necessary to fulfill its fiduciary responsibilities-,
(11) Make recommendations regarding changes in the provisions of the plan-,
(12) Assure the prompt deposit of all member contributions, city contributions,
and investment earnings-,
(13) Establish a uniform set of rules and regulations for the management of the
trust"
(14) Take such other action as the trustees shall deem, in their sole and
exclusive discretion, as being necessary for the efficient management of
the plan-,
(15) Cause any pension fund investment in securities to be registered in or
transferred into its name as trustee or into the name of such nominee as
it may direct, or it may retain them unregistered and in form permitting
transferability, but the books and records shall at all times show that all
investments are part of the pension fund-,
(16) Vote upon any stocks, bonds, or securities of any corporation, association,
or trust comprising the pension fund, and give general or specific proxies
or powers of attorney with or without power of substitution-, participate in
mergers, reorganizations, recapitalizations, consolidations, and similar
transactions with respect to such securities-, deposit such stock or other
securities in any voting trust or any protective or like committee with the
trustees or with depositories designated thereby-, amortize or fail to
amortize any part or all of the premium or discount resulting from the
acquisition or disposition of assets-, and generally exercise any of the
powers of an owner with respect to stocks, bonds, or other investments
comprising the pension fund which it may deem to be in the best interest
of the pension fund to exercise-,
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(17) Retain in cash and keep unproductive of income such amount of the
pension fund as it may deem advisable, having regard for the cash
requirements of the plan-, and
(18) Retain the services of a custodian bank, an investment advisor registered
under Investment Advisors Act of 1940 or otherwise exempt from such
required registration, an insurance company, trust company or a
combination of these, for the purposes of investment decisions and
management. Such investment manager shall have discretion, subject to
any guidelines as prescribed by the trustees, in the investment of all
pension fund assets.
(19) Arrange for the necessary physicians to pass upon all medical
examinations required under this plan. Such physicians shall report in
writing to the trustees their conclusions and recommendations.
(20) Investigate and determine the eligibility of participants for disability
pension as provided in section 2.418.
(d) Pension advisory committee.
(1) a. There shall be a pension advisory committee comprised of seven persons.
Three members of the committee shall be employees who are active
employees and participants in the plan-, three members shall be city
council members or appointees of the city council-, and the seventh
member, who shall be a resident of the City of Clearwater, shall be
appointed by the other six members.
b. Except as provided in subparagraph (3) below, terms of members shall be
for two years.
(2) Committee members representing the employees shall be elected by a
majority of the active employees who are participants in the plan.
Committee members representing the city council shall be appointed by a
majority vote of the city council. The seventh member shall be appointed
by a majority vote of the other six members of the committee.
(3) Terms of office of employee elected committee members shall overlap,
with two of the members to be initially elected for two years and the third
member to be initially elected for one year. Terms of office of city council
appointed members shall overlap, with two of the members to be initially
appointed for two years and the third member to be initially appointed for
one year.
(4) a. Members of the committee last elected by employees on the date of
adoption of this amended and restated plan shall continue to serve as the
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employee elected committee members for the remainder of their
respective terms.
b. Not less than 60 days before each election to be scheduled for an
employee elected committee member, the existing employee elected
committee members shall select and appoint a nomination group
composed of five persons from employees participating in the plan to
conduct the election process. The department of the city clerk shall provide
necessary assistance to the employees for the administration of elections.
(5) Any vacancy on the committee, whether employee elected, city council
appointed, or the committee appointed seventh member, shall be filled for
the remainder of the term and in the same manner as the original
committee member who vacated the position.
(6) Members of the committee shall serve without compensation additional to
that earned in their respective capacities as regular employees or elected
city council members.
(7) Each committee member shall be entitled to one vote. Four affirmative
votes shall be necessary for any decision by the committee at any meeting.
A committee member shall have the right to recuse himself from voting as
a result of a conflict of interest provided that the committee member states
in writing the nature of the conflict.
(e) Powers and duties of committee.
(1) The committee shall have authority to:
Arrange fnr n®n®ssary phySinians to mass limen all m®rdinal
a. ]all��T— GGvTJ'CdI��T�r—IU7Tdr—C'9�7G1T� G�fGQ7
�vaminatinns r®ni lire under this Alan Ci inh phySinians shall report
in writing to th® nnmmitt®® th®ir nnnnli isinns And r®nnmm®nrJatinns
b- a. Investigate and recommend to the trustees, in conjunction with the
actuaries, such mortality/service and other tables as shall be
deemed necessary for the operation of the plan.
ca. b. Make recommendations to the trustees for improvements or
changes in the plan.
d- c. Receive all applications for benefits under this plan and determine
all facts that are necessary to establish the right of an applicant to
benefits under the plan.
4&-. d. Prepare and distribute to the participants information relating to the
plan.
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pensien as preyided in � 1- -
(2) The committee shall, from time to time as it deems appropriate, submit
recommendations to the trustees as to rules, procedures, forms and
general administrative procedures relating to the responsibilities of the
com m ittee.
(3) No benefits or relief shall be provided to any participant under the plan
unless the same has been reviewed by the committee and a
recommendation provided to the trustees.
(4) The pension advisory committee members shall discharge their
responsibilities solely in the interest of the members and beneficiaries of
the plan and, in so doing, shall exercise their fiduciary responsibilities with
the care, skill, prudence and diligence that a prudent person acting in a
like capacity and familiar with such matters would use in the conduct of an
enterprise of a similar character and with similar aims under the
circumstances then prevailing.
(f) Conflict in terms. In the event of any conflict between the terms of this plan and
any explanatory booklet or other material, this plan shall control.
(g) Final authority. Except to the extent otherwise required by law or by this plan, the
decision of the trustees in matters within their jurisdiction shall be final, binding
and conclusive upon the employer, the committee, each employee and
beneficiary, and every other interested or concerned person or party.
(h) Appointment of advisors. The trustees may appoint such actuaries, accountants,
professional investment counsel, legal counsel, specialists, third party pension
administrators, and other persons that they deem necessary and desirable in
connection with the administration of this plan or to assist them in the
performance of their duties as trustees. The trustees are authorized to pay for
such services from the pension fund.
(i) Actuarial valuation, actuarial standards.
(1) At least once in each six-year period, the trustees shall cause an actuarial
investigation to be made into the mortality, service and compensation
experience of the members of the retirement plan. Taking into account the
result of such investigation, the trustees shall adopt for the retirement plan
such mortality, service and other tables as are necessary and proper. On
the basis of these tables, an annual actuarial valuation of the assets and
liabilities of the retirement plan shall be made.
(2) Actuarial assumptions based on the six-year experience analysis may be
modified by the trustees at such times as they deem appropriate.
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Defense of actions,- trustee liability; indemnification.
(1) The board is authorized to prosecute or defend actions, claims or
proceedings of any nature or kind for the protection of the fund assets or
for the protection of the board in the performance of its duties.
(2) Neither the board nor any of its individual members shall have any
personal liability for any action taken in good faith. The trustees
individually and the board as a whole shall be entitled to the protections in
F.S. § 768.28. The trustees shall also be authorized to purchase from the
assets of the fund, errors and omission insurance to protect the trustees
and staff in the performance of their duties. Such insurance shall not
provide the individual trustees and staff with protection against a
fiduciary's fraud, intentional misrepresentation, willful misconduct or gross
negligence.
(3) To the extent not covered by insurance contracts in force from time to time,
the employer shall indemnify and hold harmless the trustees and the
members of the committee from all personal liability for damages and
costs, including court costs and attorneys' fees, arising out of claims, suits,
litigation, or threat of same, herein referred to as "claims," against these
individuals because of acts or circumstances connected with or arising out
of their official duty as trustees or members of the committee. The
employer reserves the right, in its sole discretion, to settle or not settle the
claim at any time, and to appeal or to not appeal from any adverse
judgment or ruling, and in either event will indemnify and hold harmless
any trustees or members of the committee from the judgment, execution,
or levy thereon.
(4) This section shall not be construed so as to relieve from liability any
insurance company or other entity liable to defend the claim or liable for
payment of the judgment or claim, nor does this paragraph waive any
provision of law affording the employer immunity from any suit in whole or
part, or waive any other substantive or procedural rights the employer may
have.
(5) This section shall not apply to, nor shall the employer be responsible in
any manner to defend or pay for claims arising out of, acts or omissions of
the trustees or members of the committee which constitute felonies or
gross malfeasance or gross misfeasance in office.
Section 2: Section 2.418 of the Code of Ordinances of the City of Clearwater is hereby
amended to read as follows-
Sec. 2.418. — Disability benefits.
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(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 2.424, a disability benefit equal to his accrued
benefit as of the date of termination of his employment. A disability application
must be filed while the individual is still a participant in the plan.
b. A participant who is deemed by the ^^''"''"'�trustees 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 (1)a. above; provided, further,
that the monthly amount of the disability benefit payable to a participant described
in this subparagraph (1)b. shall be 42 percent of such participant's average
monthly compensation for a non-hazardous duty participant who is not eligible to
retire as of the effective date of this restatement, and the monthly amount of the
disability benefit payable to a participant described in this subparagraph (1)b.
shall be 66% percent of such participant's average monthly compensation for all
hazardous duty participants and for non-hazardous duty participants who are
eligible to retire as of the effective date of this restatement.
(2) A participant shall be considered disabled for purposes of the plan if, in the
opinion of the trnmvvmm'+i ee trustees, 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. 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 (1) above. 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 pension within 30 days after
termination.
b. If a participant employed in a position other than as a sworn and state certified
police officer or a sworn and state certified firefighter is disabled to the extent that
he cannot 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
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regardless of whether the assignment to such position is at an equal or lower
level.
C. A line-of-duty disability based upon a mental injury shall not be granted unless it
is proven by clear and convincing evidence that the injury was the result of
sudden, unexpected and extraordinary stress directly related to the participant's
employment. Extra duty assignments for police officers and firefighters shall be
considered to be in the line of duty for disability benefit purposes.
d. The trustees of the plan shall make the determination in each instance if a
participant who has been found disabled may be assigned to an alternate position
with the employer.
(3)a. Each participant who is not a police officer or firefighter who is claiming disability
benefits shall establish, to the satisfaction of the r^ ittep. trustees, that such
disability was not occasioned primarily by:
1 . Excessive or habitual use of any drugs, intoxicants, or alcohol;
2. Injury or disease sustained while willfully and illegally participating in
fights, riots or civil insurrections;
3. Injury or disease sustained while committing a crime;
4. Injury or disease sustained while serving in any branch of the Armed
Forces;
5. Injury or disease sustained after his employment as an employee with the
employer shall have terminated;
6. Willful, wanton or gross negligence of the participant;
7. Injury or disease sustained by the participant while working for anyone
other than the employer and arising out of such employment; or
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.
b. Each police officer or firefighter participant who is claiming disability benefits shall
establish, to the satisfaction of the r^ ,i+� trustees, that such disability was
not occasioned primarily by (except that paragraph 5. is only applicable to police
officers):
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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.
3. Injury or disease sustained while serving in any branch of the Armed
Forces.
4. Injury or disease sustained by the participant after his employment as a
police officer or firefighter with the City of Clearwater shall have
terminated.
5. 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.
(4)a. A participant shall not become eligible for disability benefits until and unless he
undergoes an examination by a qualified physician or physicians, who shall be
selected by the effH;4 +nn trustees for that purpose.
b.1. 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 r^mv-cmmittee trustees 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. If the ^ R444i- nn trustees finds that
the former participant is no longer disabled or is capable of performing service
for the employer, the cf trustees 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 and he does not return to
employment with the employer pursuant to the r-net .e'c trustee's request, he
shall forfeit the right to his disability 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.
2. 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 medical examination and/or re-examination of the employee
claiming and/or receiving disability benefits shall be borne by the plan.
(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
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line of duty, and the participant's beneficiary shall be entitled to receive a
disability benefit as described in paragraph (1) above.
(6) 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 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 42 percent of average final compensation or two percent of average final
compensation times years of credited service.
(7) In-line of duty presumptions.
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 or firefighter participants,
which examination failed to reveal any evidence of such condition; and
provided further, that such presumption shall not apply to benefits payable
or granted in a policy of life insurance or disability insurance.
b. Additional presumption. The presumption provided for in this paragraph b.
shall apply only to those conditions described in this paragraph b. that are
diagnosed on or after January 1, 1996.
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.
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(ii) "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 F.S. Ch. 395, or any person employed by a
subsidiary thereof.
(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 subject 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 instruments exposed to body fluids-,
c) 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
d) 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
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exposure that occurs during the performance of job duties
that may place a worker at risk of infection.
2. Presumption. Any emergency rescue or public safety 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 F.S. § 92.50, 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:
a) 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-,
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.
(ii) In the case of meningococcal meningitis, in the ten 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.
(iii) In the case of tuberculosis, in the period of time since the
participant's last negative tuberculosis skin test, he has not
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been exposed, outside the scope of his employment, to any
person known by him to have tuberculosis.
3. Immunization. Whenever any standard, medically recognized
vaccine or other form of immunization or prophylaxis exists for the
prevention of a communicable disease for which a 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.
4. 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.
5. Required medical tests,- preemployment physical. In order to be
entitled to the presumption provided by this section:
(i) 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.
(ii) 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.
(8) Disability Retirement Process.
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(a) Upon receipt of a complete application for a disability pension, which
includes the most recent medical conclusions known to the applicant at
the time of submittal, the trustees shall request and obtain an independent
medical evaluation ("IME"). If disabilities are claimed that involve multiple
specialties, one IME per specialty shall be selected. Any costs directly or
indirectly relating to IM 's shall be paid by the pension plan.
(b) After receiving the completed IME report(s), the application and any other
records the trustees deem relevant to the application, the city attorney's
office shall either review or arrange for outside legal counsel to review, on
behalf of the trustees, the merits of the application. The city attorney's
office, or legal counsel hired by the city attorney's office for this purpose,
shall recommend to the city manager either a stipulated approval or an
evidentiary hearing. The city manager shall take the recommendation
under advisement and consider any other factors he/she deems relevant
to the application and determine on behalf of the trustees whether to enter
a stipulated approval, or whether to schedule an evidentiary hearing. If
the city manager enters into a stipulated approval, an agenda item shall
be brought before the trustees confirming the stipulation. The role of the
trustees in said approval shall be ministerial in nature. Upon approval by
the trustees, the pension plan shall finalize and distribute the disability
pension benefits to which the applicant is entitled.
(c) If the city manager opts for an evidentiary hearing, the hearing shall be
conducted by the State of Florida Division of Administrative Hearings
("DOAH"). The trustees will enter into a contract with DOAH for this
purpose. It shall be the duty of the hearing officer to review the
application for a disability retirement, determine whether the claim meets
the criteria for awarding a disability pension benefit, and issue a
recommended order.
(d) During the formal hearing, the applicant and city shall have the right to be
heard, to be represented by a person of their choice, and to present
evidentiary facts. Each party shall pay its own expense for its
representative, counsel, and witnesses. At the formal hearing, the
technical rules of evidence shall not apply. The hearing officer shall have
the power to administer oaths, issue subpoenas, compel the production of
books, papers and other documents and receive evidence. The hearing
officer shall utilize a procedure similar to that set forth in F.S. § 120.569
and 120.57. The hearing officer shall have no authority to award
attorney's fees to the prevailing party. All recommended orders prepared
by the hearing officer shall conform with the requirements for such orders
as set forth in F.S. §§ 120.569 and 120.57. The hearing officer shall then
transmit the recommended order composed of findings of fact, conclusions
of law, and disposition to the trustees.
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(e). The trustees may adopt the recommended order as the final order. The
trustees in its final order may reject or modify the conclusions of law over
which it has substantive iurisdiction and interpretation of administrative
rules over which it has substantive jurisdiction. When rejecting
modifying such conclusion of law or interpretation of administrative
the trustees must state with particularity its reasons for rejecting o
modifying such conclusion of law or interpretation of administrative rule
and must make a finding that its substituted conclusion of law or
interpretation of administrative rule is as or more reasonable than that
which was rejected or modified. Rejection or modification of conclusions
of law may not form the basis for rejection or modification of findings of
fact. The trustees may not reject or modify the findings of fact unless the
trustees first determine from a review of the entire record, and states with
particularity in the order, that the findings of fact were not based upon
competent substantial evidence or that the proceedings on which the
findings were based did not comply with essential requirements of law.
The trustees may accept the recommendation in the recommended order
but may not reduce or increase it without a review of the complete record
and without stating with particularity its reasons therefore in the order, by
citing to the record in justifying the action.
(f). Any party adversely affected shall have the right to have the administrative
proceeding reviewed by filing a petition for certiorari with the circuit court
of Pinellas County as provided by Rule 9.100 of the Florida Rules of
Appellate Procedure.
Coding- Words in strikeout type are deletions from existing text.
Words in underline type are additions.
Section 3: It is the intention of the City Council, and it is hereby ordained that the
provisions of this Ordinance shall become and be made a part of the Code
of Ordinances of the City Clearwater, that the sections of the Ordinance
may be renumbered or relettered to accomplish such intentions; and that
the word "Ordinance" shall be changed to "Section" or other appropriate
word.
Section 4-. If any clause, section, or other part or application of this Ordinance shall be
held in any court of competent jurisdiction to be unconstitutional or invalid,
such unconstitutional or invalid part or application shall be considered as
eliminated and shall not affect the validity of the remaining portions or
applications which shall remain in full force and effect.
Section 5-. All ordinances or parts of ordinances, resolutions or parts of resolutions in
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conflict herewith are hereby repealed to the extent of such conflict.
Section 6: This Ordinance shall become effective immediately upon adoption, unless
otherwise provided.
PASSED ON FIRST READING 1/16/2025
3/17/2025
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Signed by:
bwuc, �C,cfav
Bruce Rector
Mayor
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Approved as to form: Attest:
DocuSi ned b `
DocuSigned by: 9 Y
9B�E&C—I'3F444E.. A�nDflSEEnEFF�1.GF
David Margolis Rosemarie Call
City Attorney City Clerk
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