O-550-92 ORDINANCE No. 550-92
AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING
THE MIAMI SHORES PENSION PLAN; CREATING A NEW SECTION
18-505, MIAMI SHORES VILLAGE CODE, "DISABILITY BENEFITS
FOR POLICE OFFICERS" ; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF MIAMI SHORES, FLORIDA:
Section 1. A new Section 18-505, Miami Shores Village Code,
"Disability Benefits for Police officers, ,, is hereby created to
read as follows:
Section 18-505. Disability Benefits for Police Officers.
(a) A police officer who, prior to his normal retirement
date, becomes totally and permanently disabled as
defined in subsection (b) , below., by reason of any
cause other than a cause set out in subsection (c) ,
below., and meets the service requirements set out in
subsection (d) , below, may retire and receive benefits
as provided in subsection (e) . Such retirement shall
be referred to as disability retirement.
(b) A police officer will be considered totally disabled
if, in the opinion of the pension board, he is wholly
prevented from rendering useful and efficient service
as a police officer and his disability resulted from
a cause other than as specified in subsection (c) ,
below; and a police officer will be considered
pernanent3h.y disabled if, in the opinion of the pension
board, such police officer is likely to remain so
disabled continuously and permanently.
(c) A police Officer will not be entitled to receive any
disability retirement income if the disability is a
result of:
(1) the officer's use of illegal drugs or narcotics,
or the officer's excessive and habitual use of
intoxicants;
(2) injury or disease sustained by the police officer
while willfully and illegally participating in
fights, riots, civil insurrections or while
committing a crime;
(3) injury or disease sustained by the police officer
while serving in any ar-med forces,
(4) injury or disease sustained by the police officer
after his Village employment has terminated;
(5) injury or disease sustained by the police officer
while working for anyone other than the Village
and arising out of such employment.
(d) Service Requirements for Disability Retirement:
(1) A police officer who is determined to be totally
and per-manently disabled as the result of injury
or illness arising out of his duties as a Miami
Shores police officer, shall be eligible for
disability retirement benefits from the first day
of membership in the plan.
(2) A police officer with ten (10) or more years of
creditable service as a police officer who is not
eligible for early retirement, and who is
determined to be totally and permanently disabled
as the result of injury or illness not arising out
of his duties as a Miami Shores Village police
officer, shall be eligible for disability
retirement benefits.
(3) A police officer who becomes disabled as the
result of injury or illness arising out of his
duties as a Miami Shores Village police officer,
and as a result of such disability receives long-
tern disability insurance benefits through an
insurance policy provided by Miami Shores Village,
shall not be disqualified from receiving
disability retirement benefits based on the fact
that the employee is not a police officer at the
time that he applies for disability retirement
benefits; provided the employee 's creditable
service as a police off icer meets the requirements
of paragraph (1) or (2) , above. This paragraph
shall be effective only so long as the Village
provides long-term disability insurance coverage
for police officers.
(e) The benefit payable to a police officer who retires
with a total and permanent disability as a result of
a disability commencing prior to his normal retirement
date is the monthly income payable for ten years
certain and life for which, if the police officers '
disability occurred in the line of duty, his monthly
benefit shall be the accrued retirement benefit, but
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shall not he less than 42% of his average monthly
compensation as of his disability retirement datef
subject to the offset contained in subsection (f) ,
below. if the disability occurred other than in the
line of duty, and the police officer meets the
applicable service requirements set forth in subsection
(d) , above, the police officer's monthly benefit shall
be the accrued normal retirement benefit, but shall not
be less than 25% of his average monthly compensation
as of his disability retirement date.
(f) Benefit offset. The disability retirement benefits
described above shall be reduced by any workers'
compensation indemnity benefits received by the member
f or any period after the member is determined to be
totally and permanently disabled pursuant to this
section, to the extent that the workers ' compensation
indemnity benefits, when added to the member's
disability retirement benefits, exceed the member's
average monthly compensation as of his disability
retirement date. In the case of a lump sum settlement
of workers ' compensation benefits.. the disability
retirement benefit payable to the disabled police
officer sha-1 -1 be adjusted as follows:
(1) the amount of the lump sum workers ' compensation
settlement shall be divided by the member's
remaining life expectancy (in months) , as
determined using standard actuarial tables
approved by the plan actuary;
(2) if the number obtained in paragraph (1) , above,
when added to the member' s monthly disability
retirement benefit, exceeds the member's average
monthly compensation as of his disability
retirement date, the amount of the excess shall
be deducted from the member's monthly disability
retirement benefit for the duration of the
member' s remaining life expectancy as determined
in paragraph (1) , above;
(3) if the number obtained in paragraph (1) , above,
when added to the member' s monthly disability
retirement benefit, does not exceed the member's
average monthly compensation as of his disability
retirement date, there shall be no reduction of
the member's disability retirement benefits.
(g) 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 pension board determines such entitlement.
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However, the ncniChly 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. The last payment will
be:
(1) if the police officer recovers from the disability
(as def ined in Section 18-505 (b) ) 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, the payment due next preceding his
death or the 120th monthly payment, whichever is
later. Any monthly income payments due after the
death of a disabled police officer shall be paid
to the Police officer's designated beneficiary or
beneficiaries.
(h) Procedure for determination of disability. In order
for the pension board to consider a member's request
for disability retirement benefits, the member must
apply in writing to the board. The board may require
the member to complete an application form and submit
medical evidence concerning the nature and extent of
the member' s disability. Upon receipt of an
application for disability benefits, the pension board
shall arrange for a medical examination of the
applicant by one or more physicians designated by the
board. The physician or physicians designated by the
board shall examine the applicant and submit a written
report to the board concerning the nature and extent
of the applicant 's disability. The physician' s report
shall specifically state whether, in the physician's
opiniont the applicant is totally and permanently
disabled as defined in subsection (b) , above.
Following the board's receipt of the written report
from the physician or physicians designated to review
the application for disability benefits, the pension
board shall schedule a meeting, with reasonable notice
to the applicant, to consider the application. The
applicant shall have an opportunity to present evidence
to the pension board concerning the nature and extent
of the applicant 's disability. The pension board shall
review all the evidence, and take action by majority
vote to grant or deny the application. The pension
board ' s action on the application for disability
benefits shall be final.
(i) Any disabled Police officer receiving benefits under
this section shall be required to submit to an examination,
no more than once each year, conducted by a physician or
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physicians designated by the board, to determine if the
member has recovered from his disability. If the pension
board finds that a Police officer who is receiving
disability retirement benefits is, at any time prior to his
normal retirement date, no longer disabled as Provided in
this section, the board shall direct that the disability
retirement benefit 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.
(j ) If the police officer recovers from disability and re-
enters the service of the Village 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 re-entered the service of the
Village will not be considered as creditable service.
(k) Any condition or impairment of health of any Police
officer caused by tuberculosis" hypertension, heart
disease or hardening of the arteries, resulting in
total or partial disability or death, shall be presumed
to be accidental and suffered in 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
act of performance of duty at some definite time or
place without willful negligence on the part of the
Police officer, resulting in total or partial
disability, shall be presumed to be accidental and
suf f ered in the line of duty, provided that such police
officer shall have successfully passed a physical
examination upon entering such service, which physical
examination including electrocardiogram failed to
reveal any evidence of such condition and, further
that such presumption shall not appl'Y to benefits
payable under or granted in a policy of life insurance
or disability insurance. This section shall be
applicable to all Police officers only with reference
to pension and retirement benefits.
Sect '
LLon 2 . Should any section or provision
ordinance or any portion of. this
thereof be determined by a court of
competent jurisdiction to be invalid, such determination shall
not affect the validity of the remainder of this ordinance.
Lection 3 - This ordinance shall become effective on
date of adoption. Approved on first reading this ?id the
19 9 2 . day of
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Continuation of Section 3 Ordinance number 550-92
PASSED AND ADOPTED on final reading on this 16th
day of June 1992 .
STEVEN JOFIKSON, MAYOR
ATTEST:
MIAMI AGE CLERK
BY:
SCOTT W. DAVIS, DEPUTY VILLAGE CLERK
APPROVED AS TO FORM:
BY: 4%�"�- IKL �L
VVILLIAM F. FANN, JR. , VILLAGLY ATTORNEY