Fort Walton Beach Council agenda — 02-08-11 regular — reading text

r L o SECTION 8. DISABILITY. a 1. Disability Benefits On -Duty. E s v Each Member in the Pension Plan and who shall have become totally and M permanently disabled while an active Member of the Fort Walton Beach Fire Department to the a extent that he is unable, by reason of a medically determiriable physical or mental impairment, to render useful and efficient service as a Firefighter which disability was directly caused by the performance of his duty as a Firefighter, shall, upon establishing the same to the satisfaction of the Board, be entitled to a monthly pension equal to two and one -half percent (2. 50 %) of his Average Final Compensation multiplied by the total years of Credited Service, but in no event shall the minimum amount paid to the Member be less than fifty percent ( 50 %) of the Average Final Compensation of the Member. Any condition or impairment of health of a Member caused by tuberculosis, hypertension or heart disease shall be presumed to have been suffered in line of duty unless the contrary is shown by competent evidence, provided that such Member shall have successfully passed a physical examination upon entering into such service, including cardiogram, which examination Page 13 of 53 Pages failed to reveal any evidence of such condition; and provided further, that such presumption shall not apply to benefits payable or granted in a policy of life insurance or disability insurance. 2. Disability Benefits Off D - uty. Each Member in the Pension Plan with ten ( 10) years or more Credited Service who shall have become totally and permanently disabled to the extent that he is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a Firefighter wherein such disability is not directly caused by the performance of his duties as a Firefighter shall be entitled to a monthly pension equal to two and one -half percent (2. 50 %) of his Average Final Compensation multiplied by the total years of Credited Service, but in no event shall the amount paid to the Member be less than twenty -five percent ( 25 %) of his Average Final Compensation. C o a Conditions Disqualifying Disability Benefits. c 0 Each Member who is claiming disability benefits shall establish, to the satisfaction c aD of the Board, that such disability was not occasioned primarily by: a A. Excessive or habitual use of any drugs, narcotics or intoxicants. B. Injury or disease sustained while willfully and illegally participating in fights, riots or civil insurrections. C. Injury or disease sustained while committing a crime. D. Injury or disease sustained while serving in any branch of the Armed Forces. E. Injury or disease sustained after his employment as a Member with the City of Fort Walton Beach shall have terminated. 4. Physical Examination Requirement. A Member shall not become eligible for disability benefits until and unless he ti undergoes a physical examination by a qualified physician or physicians and/ or surgeon or surgeons, M 00 who shall be selected by the Board for that purpose. P L 0 Any Member receiving disability benefits under provisions of this Ordinance may be periodically re- examined by a qualified physician or physicians and/ or surgeon or surgeons who shall be selected by the Board, to determine if such disability has ceased to exist. If, prior to the E Member's normal retirement date, the Board finds that the retiree is no longer permanently and s totally disabled, the Board shall recommend to the City that the Member be returned to the performance of duty as a Member. In the event the retiree is ordered to return and shall refuse to Q comply with the order within thirty (3 0) days from the issuance thereof, he shall forfeit his right to all benefits under this Plan. The cost of the physical examination and/ or re- examination of the Member claiming and/or receiving disability benefits shall be borne by the Board of this Pension Plan. All other reasonable costs as determined by the Board incident to the physical examination, such as but not limited to transportation, meals and hotel accommodations, shall be borne by the Board. Page 14 of 53 Pages  If the Member recovers from disability and re- enters service as a Member with the City, his service shall 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 re- entered the service of the City shall not be considered as Credited Service for the purposes of the Plan. The Board shall have the power and authority to make the final decisions regarding all disability claims. 5. Disability Payments. The monthly benefit to which a Member 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 c such entitlement. However, the monthly retirement income shall be payable as of the date the Board FL determined such entitlement, and any portion due for a partial month shall be paid together with the first payment. The last payment shall be: 0 A. If the Member recovers from the disability prior to his normal retirement a a die, the payment due next preceding the date of such recovery, or B. If the Member dies without recovering from his disability orattains- lrts - normal retirement date while still dis bled, the payment due next preceding his death or the 120th monthly payment, whichever is later. A disability retiree may select, at any time prior to the date benefit payments begin, an optional form of benefit as described in Section 10, subsection 1. B., which shall be the actuarial equivalent of the normal form of disability benefit. SECTION 9. VESTING. If a Member terminates his employment with the Fire Department, either voluntarily or by discharge, and is not eligible for any other benefits under this Plan, he shall be entitled to the V_ d' r following: v r ti 1. If the Member has less than ten ( 10) years Credited Service upon termination, the M CO Member shall be entitled to a refund of his accumulated contribution or he may leave it deposited 0 with the Fund. L 0 2. If the Member has more than ten ( 10) years of Credited Service upon termination, c 0 the Member shall be entitled to a monthly retirement benefit equal to two and one -half percent F 2. 50 %) of his Average Final Compensation for each year of Credited Service payable commencing s v at his otherwise Normal Retirement Date, or as reduced for Early Retirement as provided in Section 6 of this Ordinance, provided he does not elect to withdraw his accumulated contributions and at provided he survives to his normal retirement date. SECTION 10. OPTIONAL FORMS OF BENEFITS. 1. In lieu of the amount and form of retirement income payable in the event of normal or early retirement as specified herein, a Firefighter, upon written request to the Board of Trustees, may elect to receive a retirement income or benefit of equivalent actuarial value payable in accordance with One of the following options: Page 15 of 53 Pages  A. A retirement income of a monthly amount payable to the Firefighter for his lifetime only. B. A retirement income of a modified monthly amount, payable to the Firefighter during the lifetime of the Firefighter and following the death of the Firefighter, 100 %, 75 %, 66. 66% or 50% of such monthly amount payable to a joint pensioner for his lifetime. Except where the Retiree' s joint pensioner is his spouse, the payments to the joint pensioner as a percentage of the payments to the Retiree shall not exceed the applicable percentage provided for in the applicable table in the Treasury regulations. ( See Q & A -2 of 1.