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O-254-C Î CITY OF CLERMONT t CODE ORDINANCES 254-C AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING ORDINANCE 195, AS AMENDED AND INCOR- PORATED IN CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, PROVIDING FOR REVISIONS TO THE PENSION PLAN OF THE CITY OF CLERMONT, FLORIDA, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING FOR PUBLICATION. THE CITY COUNCIL OF THE CITY OF CLERMONT HEREBY ORDAINS THAT: SECTION I. Chapter 16, Article I, Section 16-5 is hereby amended as follows: Section 16-5. Retirement and retirement benefits subsection (a) shall be amended to read as follows: (a) Normal retirement dates. The normal retirement date for all gen- eral employees except the fire chief shall be the first day of the month coincident with or next following, the attainment of age sixty- five (65) and the completion of ten (10) years of creditable service. The normal retirement date for policemen shall be the first day of the month coincident with or next following the attainment of age sixty (60) and the completion of ten (10) years of creditable service. The normal retirement date for firemen, and the fire chief, including a fire chief classified as a general employee, shall be the first day of the month coincident with or next following the attainment of age fifty-five (55) and the completion of ten (10) years of creditable service. Volunteer firemen may also retire at age fifty-five (55) and the completion of ten (10) years of creditable service, but shall receive at such date benefits attributable to service as a volunteer fireman only. Any benefits for such volunteer firemen attributable to service as a gen- eral employee shall be payable as specified for general employees. Subsection (b) shall be amended to read as follows: (b) Normal retirement benefits. A member retiring hereunder on or after his normal retirement date shall elect to have his benefits payable under any of the options outlined in Article I, Section 16-5 (h). The monthly normal retirement benefit for general employees and firemen shall be equal to two (2) percent of average monthly earnings, times years of creditable service. In no event, however, will a monthly benefit be less than two dollars ($2.00) times years of creditable service. The monthly normal retirement benefit for volunteer firemen shall be two dollars ($2.00), times years of creditable service. The monthly normal retirement benefit for policemen shall be equal to (2.25) percent of average monthly earnings, times years of creditable service. In no event, however, will a benefit be less than two dollars ($2.00) times years of creditable service. Subsection (d) shall be amended to read as follows: (d) Retirement prior to normal retirement date: (I) A general employee who has ten (10) years of credited service and has attained his sixtieth birthday may make written application to to the city clerk for early retirement. On recommendation of the city clerk and approval by the council, the employee may retire on the first day of any month following, or coinciding with, his sixtieth birthday. In such an event he shall be entitled to and shall be paid an annuity equal in amount to the annuity computed on the basis of normal retire- .""- CITY OF CLERMONT . CODE ORDINANCES 254-C Page -2- ment, except that the amount so computed shall be reduced by five- twelfths of one percent of said amount for each month that early retirement precedes his sixty-fifth birthday. (2) A policeman, who has ten (10) years of creditable service and has attained his fifty-fifth birthday may make written applica- tion to the Board of Trustees for early retirement. Upon approval by the Board of Trustees, the policeman may retire on the first day of any month following, or coinciding with, his fifty-fifth birthday. In such an event, he shall be entitled to and shall be paid an annuity equal in amount to the annuity computed on the basis of normal retire- ment, except that the amount so computed shall be reduced by five- twelfths of one percent of said amount for each month that early re- tirement precedes his sixtieth birthday. (3) A fireman, volunteer fireman or fire chief classified as a general employee, who has ten (10) years of creditable service and has attained his fiftieth birthday may make written application to the Board of Trustees for early retirement. Upon approval by the Board of Trustees, the fireman may retire on the first day of any month following, or coinciding with, his fiftieth birthday. In such an event, he shall be entitled to and shall be paid an annuity equal in amount to the annuity computed on the basis of normal re- tirement, except that the amount so computed shall be reduced by five-twelfths of one percent of said amount for each month that early retirement precedes his fifty-fifth birthday. Subsection (h) is amended by adding the following paragraph: "The normal form of benefit distribution for the Police, Fire, and Volunteer Firemen shall be "Life and Ten Years Certain."" Subsection (0) is amended to read as follows: .. (0) Disability Retirement Plan. A disability retirement benefit is established for general employees in accordance with Article IV, Section 16-60 (a)(2) of this Chapter. A disability retirement benefit for police officers, firefighters and volunteer firefighters is established as follows: Firefighters and Volunteer Firefighters: (1) A firefighter having 10 or more continuous years of credited service and having contributed to the municipal firefighters' pension trust fund for 10 years or more may retire from the service of the municipality under the plan if, prior to his normal retirement date, he becomes totally and permanently disabled as defined in subsection (2), by reason of any cause other than a cause set out in subsection (3), on or after the effective date of the plan. Such retirement shall herein be referred to as "disability retirement." The pro- visions for disability other than line-of-duty disability shall not apply to a member who has reached early or normal retirement age. (2) A firefighter 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 firefighter; and a firefighter will be considered permanently disabled if, in the opinion of the board of trustees, he is likely to remain so dis- abled continuously and permanently from a cause other than is specified in subsection (3). . CITY OF CLERMONT . CODE ORDINANCES 254-C Page -3- (3) A firefighter will not be entitled to receive any disability retirement income if the disability is a result of: (a) Excessive and habitual use by the firefighter of drugs, intoxicants, or narcotics, (b) Injury or disease sustained by the firefighter while willfully and illegally participating in fights, riots, or civil insurrections or while committing a crime, Injury or disease sustained by the firefighter while serving in any armed forces; or (c) (d) Injury or disease sustained by the firefighter after his employment has terminated. (4) No firefighter shall be permitted to retire under the provisions of this section until he is 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 firefighter retiring under this section shall be examined periodically by a duly qualified physician or surgeon or board of physicians or surgeons, to be selected by the board of trustees for that purpose, to determine if such disability has ceased to exist. (5) The benefits payable to a firefighter who retires from the service of a municipality due to total and permanent disability as a direct result of a disability commencing prior to his normal retirement date is the monthly income payable for 10 years certain and life for which, if the firefighter's disability occurred in the line of duty, his monthly benefit shall be the accrued retirement benefit, but shall not be less than 42 percent of his average monthly salary at the time of disability. If after 10 years of service, the disability is other than in the line of duty, the fire- fighter's monthly benefit shall be the accrued normal retirement benefit, but shall not be less than 25 percent of his average monthly salary at the time of disability. (6) The monthly retirement income to which a firefighter is entitled in the event of his disability retirement shall be payable on the first day of the first month after the board of trustees determines such entitlement. However, the monthly re- tirement income shall be payable as of the date the board de- termines such entitlement, and any portion due for a partial month shall be paid together with the first payment. The last payment will be, if the firefighter recovers from the disability prior to his normal retirement date, the payment due next preceding the date of such recovery or, if the firefighter dies without recovering from his disability, the payment due next preceding his death or the 120th monthly payment, whichever is later. Any monthly retirement income payments due after the death of a disabled fire- fighter shall be paid to the firefighter's designated beneficiary (or beneficiaries) as provided in ss. 175.181 and 175.201. (7) If the board of trustees finds that .a firefighter 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 means the ability of the firefighter to render useful and efficient service as a firefighter. · CITY OF CLERMONT . CODE ORDINANCES 254-C Page -4- (8) If the firfefighter recovers from disability and reenters the service as a firefighter, his service will be deemed to have been continuous, 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 will not be considered as credited service for the purpose of this plan. Pol ice Officer: (1) A police officer having 10 or more years of credited service and having contributed to the municipal police officers' retirement trust fund for 10 years or more may retire from the service of the City under the plan if, prior to his normal retirement date, he becomes totally and permanently disabled as defined in subsection (2), by reason of any cause other than a cause set out in subsection (3), on or after the effective date of the plan. Such retirement shall herein be referred to as disability retirement. The provisions for disability other than line-of-duty disability shall not apply to a member who has reached early or normal retirement age. (2) A police officer 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; and a police officer will be considered permanently disabled if, in the opinion of the board of trustees, such police officer is likely to remain so disabled continuously and permanently from a cause other than as specified in subsection (3). (3) A police officer will not be entitled to receive any diability retirement income as a result of: (a) Excessive and habitual use by the police officer of drugs, intoxicants, or narcotics, (b) Injury or disease sustained by the police officer while willfully and illegally participating in fights, riots, or civil insurrections or while committing a crime; (c) Injury or disease sustained by the police officer while serving in any armed forces; or (d) Injury or disease sustained by the police officer after his employment has terminated. (e) Injury or disease sustained by the police officer while working for anyone other than the city and arising out of such employment. (4) No police officer shall be permitted to retire under the provisions 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 police officer retiring under this section shall be examined periodi- cally 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. (5) The benefit payable to a police officer who retires from the service of the city with a total and permanent disability as a result of a disa- bility commencing prior to his normal retirement date is the monthly in- come payable for 10 years certain and life for which, if the police officer's disability occurred in the line of duty, his monthly benefit shall be the accrued retirement benefit, but shsll not be less than 42 percent of his average monthly compensation as of his disability retire- ment date. If after 10 years of service, the disability is other than · CITY OF CLERMONT . CODE ORDINANCES 254-C Page -5- in the line of duty, the police officer's monthly benefit shall be the accrued normal retirement benefit, but shall not be less than 25 percent of his average monthly compensation as of his disability retirement date. (6) (a) The monthly retirement income to which a police officer is entitled in the event of his disability retirement shall be payable on the first day of the first month after the board of trustees determines such entitlement. However, the monthly retirement income shall be payable as of the date the board determines such entitlement, and any portion due for a partial month shall be paid together with the first payment. (b) The last payment will be: 1. If the police officer recovers from the disability prior to his normal retirement date, the payment due next preceding the date of such recovery, or, 2. If the police officer dies without recovering from his disability or attains his normal retirement date while still disabled, the pay- ment due next preceding his death or the 120th monthly payment, which- ever is later. (c) Any monthly retirement income payments due after the death of a disabled police officer shall be paid to the police officer's designated beneficiary (or beneficiaries) as provided in ss. 185.162 and 185.21. (7) If the board of trustees finds that a police officer 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 police officer to render useful and efficient service as a police officer. (8) If the police officer recovers from disability and reenters the service of the city as a police officer, his service will be deemed to have been continuous, 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 city will not be considered as credited service for the purpose of the plan. SECTION 2. Chapter 16, Article I, Section 16-7 is hereby amended as follows: Section 16-7. Administration of the plan, subsection (a) is amended to read as follows: (a) General supervision. The general supervision of the administration of the Clermont Pension Plan shall be by a seven (7) member board consisting of the City Council and one (1) representative from each the police department and the fire department. . The police and fire representatives will serve two year terms and shall be elected by personnel of the respective departments who are qualified participants in the Pension Plan. The Police and Fire Representatives may succeed themselves. . SECTION 3. Should any section or part of this section be declared invalid by any court of competent jurisdiction, such adjudications shall not apply to . CITY OF CLERMONT . CODE ORDINANCES 254-C Page -6- or affect any other provision of this Ordinance, except to the extent that the entire section or part of the section may be inseparable in meaning and effect from the section to which such holding shall apply. SECTION 4. This Ordinance shall be published as provided by law and it shall become law and shall take effect immediately upon its Second Reading and Final Passage. SECOND READING THIS Z4tÅ gth.- DAY OF TJI1JttrnJJW, iknn-nJ }lj¡) 1987. 1987. FIRST READING THIS DAY OF PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, THIS ttJc.. DAY OF ~ 1987. CITY OF CLERMONT £t~~o, Attest: City Clerk CERTIFICATE OF PUBLICATION I HEREBY CERTIFY that a certified cOBY~f the forer¡ing Ordinance 255-C was published on the J4v, day of ~ 1987, in a newspaper of general circulation located wit ~ City of Clermont, as required by Florida Statutes 166.041 (3) (a), said date of publication being 14 days prior to the Second Reading and Final Adoption of the Ordinance. Ev?f2 E: Van iilPl, ·City Clerk Jo