2000-20 Amends P&F Pension
1 ORDINANCE NO.: 20-2000
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3 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
4 NORTH PALM BEACH, FLORIDA, AMENDING DIVISION 4, OF
> ARTICLE V OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE
6 VILLAGE, RELATING TO FIRE AND POLICE RETIREMENT PLAN,
7 PROVIDING FOR~OPTIONAL BENEFITS FOR DISABILITY RETIREES;
8 PROVIDING FOR PRESUMPTIVE ILLNESSES; PROVIDING FOR
9 SPECIFIC OPTIONAL BENEFITS; PROVIDING FOR PENALTIES FOR
10 FALSE AND MISLEADING STATEMENTS; AND PROVIDING FOR AN
11 EFFECTIVE DATE.
12 WHEREAS, the Village Council of the Village of North Palm Beach finds it in the best
13 interest of the public and employees of the Village ofNorth Palm Beach to amend the Fire and Police
14 Retirement Plan, as set forth herein below:
IS NOW, THEREFORE, BE IT ORDAINED, BY THE VILLAGE COUNCIL OF THE
16 VILLAGE OF NORTH PALM BEACH, PALM BEACH COUNTY, FLORIDA, that:
17 ection 1. Division 4, Section 2-161(e)(4) of the Village of North Palm Beach Code is hereby
18 amended as follows:
19 Section 2-161. Benefit Amounts.
20 s * +
21 (e) Disability retirement.
22 s ~ +
23 (4) The normal form of benefit payable to a member who retires with a total and
24 permanent disability as a result of a disability commencing prior to his normal
25 retirement date is the monthly income payable for ten (10) years certain and li to which
26 can be provided by the single sum value of the members accrued benefit. The
• 27 disability retiree may also choose any of the optional benefits available in section 2-
28 162 of this plan.
Section 2. Division 4, Section 2-161(e) of the Village of North Palm Beach Code is hereby
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amended by adding a new paragraph (8) as follows:
Section 3-161. Benefit Amounts.
- « • ~ r r
(e) Drsabr!!ty retirement.
s s + + s r
(8) Any condition or impairment of health of a member caused by tuberculosis,
hypertension, heart disease, hardening of the arteries, hepatitis, or meningococcal
meningitis resulting in total or partial disability or death, shall be presumed to be
accidental and suffered in the line of duty unless the contrary be shown by competent
evidence. Any condition or impairment of health caused directly or proximately by
exposure, which exposure occurred in the active performance ofduty at some definite
time or place without willful negligence on the part of the member, resulting in total
or partial disability, shall be presumed to be accidental and suffered in the line of duty,
provided that such member shall have successfully passed a physical examination upon
entering such service, which physical examination including electrocardiogram failed
to reveal any evidence of such condition. In order to be entitled to presumption in the
case of hepatitis, meningococcal meningitis, or tuberculosis, the member must meet
the requirements of§112.181, Florida Statutes. The final decision whetheratnember
meets the requirements for duty disability pension rests with the board and shall be
based on substantial competent evidence on the record as a whole.
Section 3. Division 4, Section 2-162(1) of the Village of North Palm Beach Code is hereby
amended as follows:
Sec. 2-162. Optional forms of benefits
Each member entitled to a normal, early, disability or vested retirement benefit shal I have the
right, at any time prior to the date on which benefit payments begin, to elect to have his or her benefit
payable under any one (1) of the options hereinafter set forth in lieu of benefits provided herein, and
to revoke any such elections and make a new election at any time prior to the actual beginning of
payments. The value of optional benefits shall be actuarially equivalent to the value of benefits
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otherwise payable, and the present value ofpayments to the retiring member must be at least equal
to fifty (50) percent of the total present value of payments to the retiring member and his/her
beneficiary. The member shall make such an election by written request to the board, such request
being retained in the board's files.
(1) Option l -Joint and lasts:~rvivoroption. The member may elect to receive a benefit,
which has been adjusted to the actuarial equivalent of the normal form of benefit,
during his/her lifetime and have such adjusted benefi[ (or a designated fraction
thereof, for example 100%, 75%, 66 ys% or 50%) continued after his death to and
during the lifetime of his beneficiary. The election ofoption 1 shall be null and void
if the designated beneficiary dies before the member's benefit payments commence
Section 4. Division4, Section 2-169 ofthe Village ofNorth Palm Beach Code is hereby amended
by adding a new pazagraph (f) as follows:
(f) False or misleading statements made to obtain retirement benefits prohibited.
(1) 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 under this plan.
(2) a. A person who violates subparagraph 1. commits a misdemeanor of the first degree,
punishable as provided in §§775.082 or 775.083.
b. In addition to any applicable criminal penalty, upon conviction for a violation
described in subparagraph 1., a pazticipant or beneficiary of this plan may, in the
discretion of the boazd of trustees, be required to forfeit the right to receive any or al l
benefits to which the person would otherwise be entitled under this plan. For
purposes of this sub-subparagraph, "conviction" means a determination of guilt that
is the result of a plea or trial, regardless of whether adjudication is withheld.
ection 5. It is the intention ofthe Village 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 V illage of North
Palm Beach, and the sections of this Ordinance may be renumbered to accomplish such intentions.
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Section 6. If any phrase, word, clause, subsection, or section of this ordinance is for any reason
held unconstitutional or invalid ,the invalidity thereof shall not affect the validity ofany remaining
portions of this Ordinance.
Section 7. That all sections or partsofsectionsoftheCodeofOrdinances,allordinancesorparts
of ordinances, and all resolutions for parts of resolutions in conflict herewith, be and the same are
hereby repealed to extent of such conflict.
Section 8. That this Ordinance shall be effective as of December 31, 1999.
PLACED ON FIRST READING THIS 27th DAY OF JULY , 2000.
PLACED IN SECOND, FINAL READING AND PASSED THIS 10th DAY OF
AUGUSIr , 2000.
MAYOR
(VILLAGE SEAL)
ATTEST:
~ VILLAGE CLERK
BsJieac
June 14, 2000
H:\101 W mendW MEND99. W PD
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