Fort Walton Beach Ordinance — 801 Restate General Emp Plan — reading text

disability resul ts from sickness, and provided the employee has completed at least two ( 2) years of credited service, the disability benefit shall be not less than forty percent ( 40%) of the employee' s monthly compensation as of the date of disability. Pa~ e 14  The disability benefit described in this section is not subject to the cost of living adjustment described under the provisions of section 17 - 16 of this article. The disability benefit shall be payable monthly commencing with the first day of the month following establishment of total and permanent disability and shall terminate with the last monthly payment due preceding the earliest of the following dates: 1) The date of death of the employee, 2) The date the employee is determined to be no longer totally and permanently disabled, or 3) The employee' s normal retirement date. Upon occurrence of events ( 1) or ( 2) above, the disability benefit shall cease. If occurrence of ( 3) above, payment of the normal retirement benefit shall commence on such date in the same amount as the normal retirement benefit as if it had been calculated on the day of disability based on service accrued to that point and average compensation computed by the method used in determining the normal retirement benefit. No alternate option may be chosen either at the beginning of disabili ty payments or upon reaching the normal retirement date. Any person applying for disability retirement shall submit to' tests required by the city and present evidence of total and permanent disability, as defined in this article, by a competent and licensed physician of his choice. Such evidence shall I consist of a statement by the physician on a form provided by the city .that the employee is totally and permanently disabled under the definitions of this article along with copies of examinations and tests to support his statement. The expense for securing the services of such physician shall be born by the employee. The city shall also secure the services of a competent and licensed physician who shall examine the employee applying for disability retirement, review the support material provided by the employee' s physician and perform tests which he considers necessary to make a definitive finding. He shall then make a statement on a form provided by the city as to whether he believes the employee is totally and permanently disabled under the definition of this article. Immediately after application for disability retirement by an employee, the pension advisory committee shall initiate an investigation to determine if the disabili ty occurred during employment by the city, if the disability was caused by sickness or accident and if the disability was job related. The advisory committee shall be assisted in the determination of the facts of each of these concerns by the Pa~ e 15 plan administrator, the retained pension pension consultant and, if deemed necessary by the plan adminstrator, the city attorney. If it is conclusively ' determined that the proximal cause of the disability occurred prior to employment by the city or while on unpaid leave of absence or after termination' of employment, the committee shall find that no compensable disability exists and shall deny the claim for benefits. Leave of absence or termination shall not be construed to include regular annual leave, holidays or other paid leave while regularly employed by the city. If the advisory committee determines that the proximal cause of the disability occurred during employment by the city and the physician retained by the employee and the physician retained by the employer concur in their findings of disability, the pension advisory committee shall then determine if the disability was caused by sickness or accident and if the disability was job related and grant disability benefits according to the provisions of this article. If the advisory committee determines that the proximal cause occurred during employment by. the city and if the physician retained by the employee and the physician retained by the employer do not concur in findings of total disabil~ty, the physicians shall appoint a third physician who will independently examine the employee applying for disability benefits. He shall review all information and test results from previous treatment and examination and furnish a statement in writing on a form provided by the city as to whether or not the employee is totally and permanently disabled under the definition of this article. The third physician shall also support his opinion with a report detailing the basis of his conclusions.:' If it is the opinion of the third physician that the employee is not totally disabled, disability retirement shall be denied by the pension advisory committee. If the third physician reports a finding of total and permanent disabili ty and the advisory committee has determined the absence of fraud and that the proximal cause of the disability occurred while the claimant was employed, disability benefits shall be granted by the pension advisory committee. Furthermore, total and permanent disabili ty retirement shall be granted upon the loss of both hands or arms, both feet or legs, both eyes or any combination of two such members or organs. In order to receive consideration for the application of disability benefits, an employee must cooperate fully in facilitating the medical examinations required. If the participant disagrees with the decision of the advisory committee, he shall, within thirty- five ( 35) days after the date the advisory committee mails its decision to him in writing, advise the plan administrator in writing of his intention Pa~ e 16 to appeal the decision of the committee. Upon receipt of su~ h notice, the plan administrator shall convene the review board on a date which will provide adequate time for all parties to prepare presentations to the board. The claimant may represent himself or be represented by another party and present information and furnish expert witnesses to support his claim. The information on which the advisory committee based its decision shall be presented to the board by a representative of the city other than a board member. The hearing shall be conducted according to the provisions of the Florida Administrative Code and the retirement system administration manual. These documents shall be available for the participant and all members of the board. The board may require additional information and all parties shall be required to satisfy the request. The city shall bear the expense of acquiring additional information or professional assistance to resolve each claim. A decision by the board shall be final and subject to no further administrative review procedures. In order. that disability benefits may continue to be paid to each individual initially approved for same, it is required that an annual statement of disapility be filed wi th the pension advisory committee. Such statement,. on an approved form provided by the city, shall contain: a) A signed statement by the retiree affirming continued disabili ty as defined in this article. b) A signed statement by the employee' s physician that said employee is totally and permanently disabled and continues to be disabled as defined in this article. c) A signed statement of income earned in any occupation during the year ending September 30 for the just preceding year. The annual statement of disability shall be filed by all persons receiving disability benefits under this section no later than thirty ( 30) days following September 30 of each years regardless of the date of disability or the date benefits actually began. Members who qualified for and are receiving disability benefits by virtue of the loss of members as previously stated in this section shall only be required to furnish annual statements detailing their earned income. If the annual statement of disability reports earned income in the twelve ( 12) month period ending on September 30 greater than fifty percent ( 50%) of the current monthly disability benefit or if this information is developed independently and verified, there shall be a reduction of the retiree' s