Fort Walton Beach Council agenda — 03-25-08 workshop agenda — reading text

( 50 %) of the 358 member' s monthly compensation on the date of disability. Any condition or 359 impairment of health of a member caused by tuberculosis, hypertension, heart 360 disease or hardening of the arteries, resulting in total and permanent disability 361 shall be presumed to be accidental and suffered in the line of duty unless the 362 contrary be shown by competent substantial medical evidence. Any condition or 363 impairment of health caused directly or approximately by exposure, which 364 exposure occurred in the active performance of duty at some definite time and 365 place without willful negligence on the part of the employee member which 6 results in total and permanent disability, shall be presumed to be accidental and 367 suffered in the line of duty, provided, however, that such employee member shall 368 have successfully passed a physical examination upon entering this Plan, which 369 physical examination failed to reveal any evidence of such condition and, 370 provided further, that such presumption shall not apply to benefits payable under 371 or granted in a policy of life insurance or disability insurance. 372 ( b) Not In Line of Duty - If the member is fully vested and if the disability results 373 from an injury or illness occurring other than in the line of duty, the disability 374 benefit shall be no less than forty percent ( 40 %) of the member' s monthly 375 compensation as of the date of disability. 376 ( 2) The disability benefit described in this section is not subject to the cost of living 377 adjustment described under the provisions of section 17 -16 of this Plan. 378 ( 3) The disability benefit shall be payable monthly commencing with the first day of 379 the month following the committee' s determination of total and permanent disability, including 380 benefits calculated retroactively to the date of disability and those due for the current month. Page 13  FWB General Employees' Retirement Plan Final Version 9/ 30/ 02 381 The benefit payments shall terminate with the last monthly payment due preceding the earliest of 382 the following dates: 383 ( a) The date of the member' s death: 384 ( b) The date the disabled member is determined to be no longer totally and 385 permanently disabled; or 386 ( c) The date the member reaches age 65 for employee members who become disabled 387 at age 60 or less, and five years after disablement for employee members who 388 become disabled after age 60. 389 ( 4) Upon occurrence of events ( a) or ( b) above, the disability benefit shall cease. 390 Upon the occurrence of (c) above, payment of the disability benefit shall continue, but the 391 benefit shall be recalculated to provide the same amount as the normal retirement benefit 392 calculated on the date of disability based on credited service and final average earnings as of that 393 date. The alternate forms of retirement income provided in Sec. 17 -15. 4 shall not be available 394 for disability benefits. f 5( 5) person applying for disability Y retirement shall p resent evidence of total and Y p 396 permanent disability, as defined in this Plan, by a competent and licensed physician of his 397 choice. Such evidence shall consist of a statement by the physician on a form provided by the 398 City that the employee member is totally and permanently disabled under the definitions of this The expense for 399 Plan along with copies of-examinations and tests to support his statement. The member shall then be 400 securing the services of such physician shall be borne by the member. 401 examined by a physician designated by the City, who shall review the material provided by the 402 member' s physician and perform tests which he considers necessary to make a definitive finding. 403 The physician designated by the City shall furnish a statement on a form provided by the City as 404 to whether he believes the employee member is totally and permanently disabled under the 405 definition of this Plan. 406 ( 6) The pension advisory committee shall determine if the disability occurred during 407 employment by the City, if the disability was caused by sickness or accident, and if the disability 408 was job related. The advisory committee shall be assisted in the determination of the facts of 409 each of these concerns by the Plan administrator, the retained pension consultant and, if deemed 10 necessary by the Plan administrator, the city attorney. If it is conclusively determined that the Page 14  FWB General Employees' Retirement Plan Final Version 9/ 30/ 02 411 proximal cause of the disability occurred prior to employment by the City, or while on unpaid 412 leave of absence, or after termination of employment, the committee shall find that no 413 compensable disability exists and shall deny the claim. Leave of absence or termination shall not 414 be construed to include regular annual leave, holidays or other paid leave while regularly 415 employed by the City. 416 ( 7) If the committee determines that the proximal cause of the disability occurred 417 during City employment and both the member' s physician and the City' s physician concur in 418 their findings of disability, the committee shall then determine if the disability was job related 419 and grant or deny the claim according to the provisions of this section. 420 ( 8) If the committee determines that the proximal cause occurred during employment 421 by the City and if the member' s physician and the City' s physician do not concur in finding of 422 total disability, the committee shall appoint a third physician who will independently examine 423 the member applying for disability benefits. The third physician shall review all information and 424 test results from previous treatment and examination and furnish a statement in writing on a form 5 provided by the City as to whether or not the employee member is totally and permanently 426 disabled under the definition of this Plan. The third physician shall also support his opinion with 427 a report detailing the basis of his conclusions. The committee will render a determination of 428 disability based on the competent substantial medical evidence. 429 ( 9) Total and permanent disability retirement shall be granted upon the loss of both 430 hands or arms, both feet or legs, both eyes or any combination of two such members or organs. 431 ( 10) The committee may adopt rules for the conduct of committee hearings on 432 applications for disability benefits. 433 ( 11) In order to receive consideration for the application of disability benefits, an 434 employee member must cooperate fully in facilitating the medical examinations required, 435 including signing a release of medical records and information. 436 ( 12) In order that disability benefits may continue to be paid to each individual initially 437 approved for same, it is required that an annual statement of disability be filed with -the 438 committee. Such statement, on an approved form provided by the City, shall contain: 439 ( a) A signed statement by the retiree affirming continued disability as defined in this 40 Plan. Page 15  FWB .General Employees' Retirement Plan Final Version 9/ 30/ 02 441 ( b) A signed statement by the employee member' s physician that said employee 442 member is totally and permanently disabled and continues to be disabled as 443 defined in this Plan. 444 ( c) A signed statement of income earned in any occupation during the year ending 31St. 445 December for the just preceding year. 446 ( 13)' The annual statement of disability shall be filed by all persons receiving disability 447 benefits under this section no later than thirty ( 30) days following December 31" of each year 448 regardless of the date of disability or the date benefits actually began. Members who qualified for 449 and are receiving disability benefits by virtue of the loss of both hands or arms, both feet or legs, 450 both eyes, or a combination of any two members or organs as previously stated in this section 451 shall only be required to furnish annual statements detailing their earned income. 452 ( 1 4) If the annual statement of disability reports earned income in the twelve ( 12) that is greater than fifty percent ( 50 %) of the current 31St 453 month period ending on December there 454 monthly disability benefit, or if this information is obtained independently and verified, 5 shall be a reduction of the retiree' s benefits according to the following formula. Beginning on 456 January 1 of the following year, the amount of the monthly disability benefit above fifty percent 457 ( 50 %) of such benefit shall be reduced by fifty percent ( 50 %) of the income earned during the 458 previous year. The reduction will be recalculated each year, based on earned income for the 459 twelve ( 12) months ending December 31. Upon the date specified in section 17- 15. 2( 3)( c), the 460 reductions for earned income shall cease and the benefit shall be adjusted in accordance with 461 section 17- 15. 2( 4). 462 ( 15) The committee, upon discovery of intentional