(a) Normal retirement.
(1) Normal retirement date. The normal retirement date of:
a. Police officers hired before October 1, 2019 will be the first day of the month coinciding with, or next following, the date on which he or she has attained and completed 20 years of credited service, or the first day of the month coinciding with, or next following, the date on which the police officer has attained age 55 and completed ten years of credited service or age 50 and completed 15 years of service. In the case of a retirement with 20 years of service, effective January 1, 2017, normal retirement age is the age a police officer has attained when retired at 20 years of service.
b. Police officers hired on and after October 1, 2019 will be the first day of the month coinciding with, or next following, the date on which he or she has attained and completed 25 years of credited service, or the first day of the month coinciding with, or next following, the date on which the police officer has attained age 55 and completed ten years of credited service. In the case of a retirement with 25 years of service, effective October 1, 2019, normal retirement age is the age a police officer has attained when retired at 25 years of service.
(2) Normal retirement benefit. The normal retirement benefit payable to a police officer who retires on or after the normal retirement date shall be an amount equal to the number of years of his or her credited service multiplied by 3.5% of his or her average final compensation. For all police officers hired on or after October 1, 2015, the 3.5% multiplier provided for in this paragraph shall be 3.0%. Effective May 19, 2020, for all police officers, the maximum retirement benefit under the normal form of benefit is 85% of average final compensation, provided that in all cases the benefit is at least 2.75% for each year of service.
(3) Form of benefit. A retired police officer’s retirement benefit normally shall be payable in the form of a monthly life annuity with 120 monthly payments guaranteed. This form of annuity provides for a retirement benefit payable monthly to the retired employee during their lifetimes with a guarantee that not less than 120 monthly retirement benefits shall be paid, even if the retired employee dies prior to the receipt of 120 payments.
(b) Early retirement.
(1) Early retirement date. An employee who has attained age 50 and completed at least ten years of credited service may elect to terminate employment and retire on an early retirement datewhich may be the first day of any month after ten years of service and attainment of age 50.
(2) Early retirement benefit. The monthly amount of early retirement benefits payable to a police officer who retires on the early retirement date shall be determined in accordance with Section 18-169(a) based on credited service to the early retirement date subject to an actuarial reduction of 1.5% per year of service to take into account the police officer’s younger age and the earlier commencement of retirement benefits. The early retirement benefit shall be paid in accordance with Section 18-169(a).
(c) Disability retirement.
(1) Service incurred.
a. Any member who receives a medically substantiated service connected injury, disease or disability which injury, disease or disability totally and permanently disabled him or her to the extent that in the opinion of the Board of Trustees, he or she is wholly prevented from rendering useful and efficient service as a police officer shall receive a monthly benefit equal to 66 2/3% of his or her basic rate of earnings in effect on the date of disability.
1. Such benefit shall be payable on the first day of each month, commencing on the first day of the month following the latter to occur of the date on which the disability has existed for three months and the date the Board of Trustees approved the payment of such retirement income. A disability retiree may select from the optional forms of benefits available to service retirees in accordance with Section 18-170.
2. In the event of recovery prior to the otherwise normal retirement date, credit for service during the period of disability shall be granted for purposes of subsequent retirement benefits. Subsequent retirement benefits will be actuarially reduced to account for the benefits that were paid during the period of disability.
3. The amount of the disability benefit payment from the fund shall be reduced by any amounts paid from worker’s compensation and the federal social security system. The reduction for social security benefits shall be in the amount of the primary insurance amount (PIA) only, and future increases, if any, in the disabled member’s social security disability benefits shall not serve to reduce any further the disability benefit from the fund. The reduction for social security shall terminate upon the attainment of age 65. The pension benefit may only be reduced to the extent that the total of the benefits from this fund, workers’ compensation and social security benefits exceed 100% of the disabled member’s basic rate of earnings on the date of disability. However, in all cases the benefit will be at least 42% of average final compensation.
b. Terminated persons, either vested or non- vested, are not eligible for disability benefits, except that those terminated by the city for medical reasons may apply for a disability within 30 days after termination.
c. Any condition or impairment of health of a member caused by tuberculosis; hypertension, heart disease, hardening of the arteries, hepatitis, or meningococcal meningitis resulting in total or partial disability or death, shall be presumed to be accidental and suffered in the 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 active performance of duty at some definite time or place without willful negligence on the part of the member, resulting in total or partial disability, shall be presumed to be accidental and suffered in the line of duty, provided that such member shall have successfully passed a physical examination upon entering such service, which physical examination including electrocardiogram failed to reveal any evidence of such condition.
In order to be entitled to presumption in the case of hepatitis, meningococcal meningitis, or tuberculosis, the member must meet the requirements of F.S. Section 112.181. The final decision whether a member meets the requirements for duty disability pension rests with the board and shall be based on substantial competent evidence on the record as a whole.
(2) Nonservice incurred. Effective October 1, 2000, any member with ten years of continuous service who receives a nonservice incurred injury, illness, disease or disability, and which illness, injury, disease or disability totally and permanently disables him or her to the extent that, in the opinion of the Board of Trustees, he or she is wholly prevented from rendering useful and efficient service as a police officer, shall receive from the fund in equal monthly installments an amount equal to 3.5% of his or her average final compensation for each year of continuous service until death or recovery from disability whichever shall first occur, provided, however, the maximum benefit to which a member may become entitled under this paragraph shall not exceed 60% of his or her average final compensation during said period, but in all cases the benefit will be at least 25% of average final compensation during said period. Such benefit shall be payable on the first day of each month, commencing on the first day of the month following the latter to occur of the date on which the disability has existed for three months and the date the Board of Trustees approved the payment of such retirement income. Effective [insert effective date], for all police officers hired on or after October 1, 2015, the 3.5% multiplier provided for in this paragraph shall be 3.0%. Terminated persons, either vested or non-vested, are not eligible for disability benefits, except that those terminated by the city for medical reasons may apply for a disability within 30 days after termination.
(3) Medical Board. Whenever it becomes necessary for the Board to avail itself of the services of physicians in the case of an application for disability retirement, the Board shall designate a Medical Board to be composed of competent medical authorities and/or specialists, as needed. The Medical Board shall arrange for and pass upon the medical examinations required under the provisions of this section, shall investigate all essential statements or certificates made by or on behalf of a member in connection with an application for disability retirement and shall report in writing to the Board its conclusions and recommendations upon all matters referred to it. The payment for such services shall be determined by the Board.
(4) Return to active duty from disability retirement. In the event a member who has been retired on a pension on account of permanent and total incapacity regains his or her health and is found by the Medical Board designated by the Board to be in such physical and mental condition as to meet the requirements of the personnel department for service as a police officer of the city, the Board shall order his or her pension discontinued, and he or she shall be ordered to resume active duty in the city at the same rate of compensation currently in effect for his or her pay grade. The Board shall review periodically, in its discretion, the condition of any member receiving a pension for disability and if there is substantial evidence that the retired member is capable of performing service acceptable to the city as a police officer, he or she shall be ordered to resume active duty and his or her pension shall be discontinued.
(5) Disability exclusions. No member shall be granted a disability pension upon a showing to the satisfaction of the Board:
a. That the disability resulted from an intentionally self-inflicted wound, injury or ailment, or
b. That the disability resulted from excessive and habitual use of narcotics, drugs, or intoxicants (alcoholic beverages);
c. That the disability resulted from an injury or disease sustained by the police officer while willfully and illegally participating in fights, riots, civil insurrections or while committing a crime;
d. That the disability resulted from an injury or disease sustained by the police officer while serving in any armed forces. This exclusion does not affect members who have become disabled as a result of intervening military service under the federal Heroes Earnings Assistance and Relief Tax Act of 2008 (H.R. 6081; P.L. 100-245);
e. That the disability resulted from an injury or disease sustained by the police officer after employment has been terminated; or
f. That, in the case of a duty disability only, the disability resulted from an injury or disease sustained by the police officer while working for anyone other than the city and arising out of such other employment.
(6) Further disability provisions. Each member applying for a service incurred disability benefit from this fund shall be required to apply for disability benefits under social security, and, if applicable, workers’ compensation. Furthermore, each person granted a service incurred disability shall be required to submit to the Board, no later than March 1 of each year, a statement showing the monthly amount of social security (PIA only) and workers’ compensation benefits received by him or her as of March 1. Willful refusal by such persons to comply with these regulations shall be grounds for the termination of or nonapproval of disability benefits from this system. However, the Board shall exercise its discretion in each case.
(d) Death benefit.
(1) If any member shall die prior to retirement or other termination of employment with the city and that death is found by the Board of Trustees to have occurred in the line of duty regardless of the years of service, a death benefit shall be payable to the deceased member’s spouse. The benefit shall equal 3.5% of average final compensation for each year of continuous service; provided, however, the benefit will be at least 30% of average final compensation. It shall be payable in equal monthly installments commencing the first day of the month following the date of death and ceasing upon the death of the spouse. If there is no spouse, the deceased member’s accrued benefit shall be payable to the designated beneficiary on file with the Board of Trustees, payable as the contingent annuitant 100% survivor benefit. If there is no spouse or designated beneficiaries, the benefit, if any, will be paid to the deceased participant’s estate. Effective September 3, 2015, for all police officers hired on or after October 1, 2015, the 3.5% multiplier provided for in this paragraph shall be 3.0%.
(2) If any member with at least ten years of continuous service shall die prior to retirement or other termination of employment with the city, a death benefit shall be payable to the deceased member’s spouse. The benefit shall equal 3.5% of average final compensation for each year of continuous service. It shall be payable in equal monthly installments commencing the first day of the month following the date of death and ceasing upon the death or remarriage of the spouse. If there is no spouse, the deceased member’s accrued benefit shall be payable to the designated beneficiary on file with the Board of Trustees, payable as the contingent annuitant 100% survivor benefit. If there is no spouse or designated beneficiaries, the benefit, if any, will be paid to the deceased participant’s estate. Effective September 3, 2015, for all police officers hired on or after October 1, 2015, the 3.5% multiplier provided for in this paragraph shall be 3.0%.
(3) If a member dies before being eligible to retire, the heirs, legatees, beneficiaries or personal representatives of such deceased member shall be entitled to a refund of 100% of the contributions made by the member to the fund, without interest.
(e) Separation from service.
(1) The vesting period for members hired on or after October 1, 2016, is ten years. The vesting period for members who were hired before October 1, 2016, is five years of service. If a member leaves the service of the city before vesting, such member shall be entitled to a refund of all of his or her contributions made to the fund, without interest.
(2) Benefit commencement date for ten-year vesting.
a. Police officers hired before October 1, 2019 and on or after October 1, 2016: If any member who had been in the service of the city for at least ten years elects to leave his or her accrued contributions in the fund, such police officer upon attaining age 50 years or more (without reaching what would have been 20 years of service had he or she not terminated his or her employment) may receive an early retirement benefit at the actuarial equivalent of the amount of such retirement income otherwise payable to him or her at normal retirement. Or, upon attaining what would have been normal retirement had he or she not terminated his or her employment, such police officer may receive his or her accrued normal retirement benefit.
b. Police officers hired on or after October 1, 2019: If any member who had been in the service of the city for at least ten years elects to leave his or her accrued contributions in the fund, such police officer upon attaining age 50 years or more (without reaching what would have been 25 years of service had he or she not terminated his or her employment) may receive an early retirement benefit at the actuarial equivalent of the amount of such retirement income otherwise payable to him or her at normal retirement or upon attaining what would have been normal retirement had he or she not terminated his or her employment, such police officer may receive his or her accrued normal retirement benefit.
(3) Benefit commencement date for five-year vesting.
a. Police officers hired before October 1, 2016 who have more than five years of service and less than ten years of service at time of termination: If any member who had been in the service of the city for at least five years but less than ten years elects to leave his or her accrued contributions in the fund, the police officer upon attaining age 55 with ten or more years of service (had he or she not terminated employment) or reaching what would have been 20 years of service (had he or she not terminated his or her employment), may receive the accrued normal retirement benefit. The member may receive the benefits payable in the normal form or any option available under Section 18-170. These members are not eligible for an early retirement benefit or the age 50 with 15 years of service benefit.
b. Police officers hired before October 1, 2016 who have more than ten years of service at time of termination: If any member who had been in the service of the city for at least ten years elects to leave his or her accrued contributions in the fund, such police officer upon attaining age 50 or more (without reaching what would have been 20 years of service had he or she not terminated his or her employment) may receive an early retirement benefit at the actuarial equivalent of the amount of such retirement income otherwise payable to him or her at normal retirement. Or, upon attaining what would have been normal retirement had he or she not terminated his or her employment, such police officer may receive his or her accrued normal retirement benefit. The member may receive the benefits payable in the normal form or any option available under Section 18-170.
(f) Monthly supplemental benefits.
(1) Effective October 1, 2006, any eligible retiree, including DROP participants, or beneficiary receiving pension benefits is entitled to a monthly supplemental pension benefit. The benefit pool will be funded by 100% of the annual earnings and 10% of the principal created by the contributions set forth in subparagraph b. below.
a. Such benefit will be funded by a 1% contribution from the police officers and a 1% contribution from the 185 monies. The police officer and the 185 contributions were effective February 15, 2002. Police officers will contribute to this benefit for 20 years of total contributions. When a police officer has contributed the additional 1% for 20 years, the additional contribution shall cease.
b. The distribution provided for in this paragraph shall be divided among eligible retirees on a pro-rata basis in shares. The shares shall be determined based upon the sum of an eligible retiree’s years and partial years of credited service (maximum credit is 20 years) plus the eligible retiree’s years and partial retirement years as of September 30 of the current year (maximum credit of 20 years). The share value shall be determined by totaling all of the shares of eligible retirees divided into the current years’ total distribution amount. An individual eligible retiree’s distribution shall be equal to the number of the eligible retiree’s shares multiplied by the share value.
c. This benefit shall be payable annually in a lump sum as of October 1, of each year, beginning December 1, 2006. The benefit shall be payable to the eligible retiree, including DROP participants, or any beneficiary eligible to receive benefits as a result of the death of a retiree. The benefit shall cease upon the death of the eligible retiree or beneficiary, whichever is the last surviving pension recipient.
(2) Beginning October 1, 2003, 100% of the money received pursuant to F.S. Chapter 185 (“185 money”) each calendar year in excess of the base amount of $465,087, plus 1% of payroll annually to fund the benefit as provided in paragraph (1), plus any 185 money held in reserve, shall be distributed to all current eligible retirees, including DROP participants, or beneficiaries receiving benefits. These supplemental benefit payments will be distributed according to the formula set for in subparagraph a. This distribution is in addition to the benefit provided for in paragraph (1) which shall begin October 1, 2006.
a. The distribution provided for in this subparagraph shall be divided among eligible retirees on a pro-rata basis in shares. The shares shall be determined based upon the sum of an eligible retiree’s years and partial years of credited service (maximum credit is 20 years) plus the eligible retiree’s years and partial retirement years as of September 30 of the current year (maximum credit of 20 years). The share value shall be determined by totaling all of the shares of eligible retirees divided into the current years’ total distribution amount. An individual eligible retiree’s distribution shall be equal to the number of the eligible retiree’s shares multiplied by the share value.
b. Allocations for surviving spouses and surviving dependent children shall be based upon the formula in this subparagraph, adjusted by the percentage of the optional form of benefit selected.
c. This benefit shall be payable annually in a lump sum as of June 1 of each year, beginning June 1, 2004. The benefit shall be payable to the eligible retiree, including DROP participants, or any beneficiary eligible to receive benefits as a result of the death of a retiree. The benefit shall cease upon the death of the eligible retiree or beneficiary, whichever is the last surviving pension recipient.
(3) Definitions.
a. For purposes of this section only, “credited service” means the number of years and partial years of service originally used by the pension plan to determine pension benefits. For eligible retirees who retired on a duty disability retirement, 20 years of service is credited for this part of the monthly supplemental benefit calculation at the time that the disability benefit begins. Non-duty disability retirees shall be credited with actual years of credited service.
b. For purposes of this section only, “retirement years” means the number of years and partial years that a retiree has received a pension benefit to include the number of years and partial years as a DROP participant. For eligible retirees who retired on a duty disability retirement, no retirement years will be accumulated for this part of the monthly supplemental benefit calculation until after the member would have attained 20 years of credited service, had he not retired on a duty disability retirement. Non-duty disability retirees shall be credited with actual years in receipt of a pension benefit.
c. For purposes of this section only, “eligible retirees” means current retirees who were retired as of September 30 of each year, including DROP participants, or beneficiaries receiving benefits.
(Ord. No. 10-005, § 2, 2-2-10; Ord. No. 15-014, § 2, 6-2-15; Ord. No. 15-022, § 2, 9-3-15; Ord. No. 18-006, §§ 3-5, 5-15-18; Ord. No. 20-010, §§ 4, 5, 5-19-20; Ord. No. 21-023, § 2, 7-20-21; Ord. No. 22-010, § 2, 3-15-22)