Ordinance 1982-020 Amending Police & Fire Pension Plan Providing Disability Retirement Benefits
ORDINANCE N0. 20 -82
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AMENDING ORDINANCE N0. 9-82, WHICH ORDINANCE ENACTED INTO LAW A
PENSION PLAN FOR FIRE AND POLICE EMPLOYEES OF THE VILLAGE, BY
PROVIDING FOR DISABILITY RETIREMENT BENEFITS FOR FIRE AND POLICE
EMPLOYEES AND BY PROVIDING FOR REVERSION OF UNUSED FUNDS UPON
' TERMINATION OF THE SYSTEM TO THE GENERAL FUND OF THE VILLAGE AND TO
THE STATE OF FLORIDA.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA:
Section 1. That Section 3 of Ordinance No. 9-82 of the Village
of North Palm Beach be amended by adding thereto Subparagraph 8, which
subparagraph s hall read as follows:
"8. Disability Retirement
(1) A Member having 10 or more years of credited service
may retire from the service of the village under the
plan if, prior to his normal retirement date, he be-
comes totally and permanently disabled as defined in
Subsection (2) hereof, on or after the effective date
of the plan. Such retirement shall herein be referred
' to as disability retirement.
(2) A Member will be considered totally disabled if, in the
opinion of the board of trustees, he is wholly prevented
from rendering useful and efficient service as a police
officer or fireman, and a Member will be considered
permanently disabled if, in the opinion of the board of
trustees, such Member is likely to remain so disabled
continuously and permanently.
(3) No Member shall be permitted to retire under the pro-
visions of this section until examined by a duly qualified
physician or surgeon, to be selected by the board of
trustees for that purpose, and is found to be disabled
in the degree and in the manner specified in this section.
Any Member retiring under this section shall be examined
periodically by a duly qualified physician or surgeon or
board of physicians and surgeons to be selected by the
board of trustees for that purpose, to determine if such
disability has ceased to exist.
(4) The benefit payable to a Member who retires from the
service of the village with a total and permanent dis-
' ability as a result of a disability commencing prior to
his normal .retirement date is the monthly income payable
for 10 years certain and life which can be provided by
the single-sum value of the deferred monthly retirement
income beginning at normal retirement date which has
accrued to his date of disability (where the amount of
such accrued deferred monthly retirement income is
V
computed by multiplying his number of years of
credited service as of his date of disability by
2-1/4 percent of his average final compensation).
(5) (a) The monthly retirement income to which a Member
is entitled in the event of his disability retirement
will be payable on the first day of each month. The
first payment will be made on the first day of the
month following the later to occur of
' 1. The date on which the disability has existed
for six months and
2. The date the board of trustees approves the
payment of such retirement income.
(b) The last payment will be
1. If the Member recovers from the disability
prior to his normal retirement date, the
payment due next preceding the date of such
recovery, or
2. If the Member dies without recovering from
his disability or attains his normal retire-
ment date while still disabled, the payment
due next preceding his death or the 120th
monthly payment, whichever is later.
(c) Any monthly retirement income payments due after
the death of a disabled Member shall be paid to the
Member's designated beneficiary (or beneficiaries).
(6) If the board of trustees finds that a Member who is
' receiving a disability retirement income is, at any
time prior to his normal retirement date, no longer
disabled, as provided herein, the board of trustees
shall direct that the disability retirement income be
discontinued. Recovery from disability as used herein
shall mean the ability of the Member to render useful and
efficient service as a police officer or fireman.
(7) If the Member recovers from disability and reenters
the service of the village as a police officer or
fireman, his service will be deemed to have been con-
tinuous, but the period beginning with the first month
for which he received a disability retirement income
payment and ending with the date he reentered the
service of the village will not be considered as credited
service for the purposes of the plan."
Section 2. That Section 10, Subparagraph 4, of Ordinance No.9-82
of the Village of North Palm Beach be amended to read as follows:
"4. After all the vested and accrued benefits provided
hereunder have been paid and after all other liabilities
have been satisfied, then and only then shall any remaining
funds revert to the general fund of the village, less return
of State's contributions to the,State, provided that, if the
excess is less than the total contributions made by the
village and the State .to date of termination of the plan
such excess shall be divided proportionately to the total
contributions made by the village and the State."
-2-
Section 3. This Ordinance shall take effect
immediately upon passage.
PLACED ON FIRST READING THIS 18th DAY -0F NOVEMBER, 1982.
PLACED ON SECOND READING, READ IN FULL, AND PASSED ON AN
' EMERGENCY BASIS THIS 18th DAY OF NOVEMBER, 1982.
ATTEST:
i age er c
1