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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