(A) Disability benefits in line of duty. Any member who shall become totally and permanently disabled to the extent that he or she is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a Firefighter, which disability was directly caused by the performance of his or her duty as a Firefighter, shall, upon establishing the same to the satisfaction of the Board, be entitled to a monthly pension equal to 75% of his or her compensation at the time of determination of disability. 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.
(B) In line of duty presumptions.
(1) Presumption. Any condition or impairment of health of a member caused by hypertension or heart disease shall be presumed to have been suffered in the 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, which examination 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) Additional presumption. The presumption provided for in this division (B)(2) shall apply only to those conditions described in this division (B)(2) that are diagnosed on or after January 1, 1996.
(a) Definitions. As used in this division (B)(2), the following definitions apply:
BODY FLUIDS. Blood and body fluids containing visible blood and other body fluids to which universal precautions for prevention of occupational transmission of blood-borne pathogens, as established by the Centers for Disease Control, apply. For purposes of potential transmission of meningococcal meningitis or tuberculosis, the term BODY FLUIDS includes respiratory, salivary, and sinus fluids, including droplets, sputum, and saliva, mucous, and other fluids through which infectious airborne organisms can be transmitted between persons.
EMERGENCY RESCUE OR PUBLIC SAFETY MEMBER. Any member employed full time by the city as a Firefighter, paramedic, or emergency medical technician who, in the course of employment, runs a high risk of occupational exposure to hepatitis, meningococcal meningitis, or tuberculosis and who is not employed elsewhere in a similar capacity.
HEPATITIS. Hepatitis A, hepatitis B, hepatitis non-A, hepatitis non-B, hepatitis C, or any other strain of hepatitis generally recognized by the medical community.
HIGH RISK OF OCCUPATIONAL EXPOSURE. That risk that is incurred because a person subject to the provisions of this division, in performing the basic duties associated with his or her employment:
a. Provides emergency medical treatment in a nonhealth-care setting where there is a potential for transfer of body fluids between persons; or
b. At the site of an accident, fire, or other rescue or public safety operation, or in an emergency rescue or public safety vehicle, handles body fluids in or out of containers or works with or otherwise handles needles or other sharp instruments exposed to body fluids;
OCCUPATIONAL EXPOSURE. In the case of hepatitis, meningococcal meningitis, or tuberculosis, means an exposure that occurs during the performance of job duties that may place a worker at risk of infection.
(b) Presumption. Any emergency rescue or public safety member who suffers a condition or impairment of health that is caused by hepatitis, meningococcal meningitis, or tuberculosis, that requires medical treatment, and that results in total or partial disability or death shall be presumed to have a disability suffered in the line of duty, unless the contrary is shown by competent evidence; however, in order to be entitled to the presumption, the emergency rescue of public safety member must, by written affidavit as provided in F.S. § 92.50, verify by written declaration that, to the best of his or her knowledge and belief:
1. In the case of a medical condition caused by or derived from hepatitis, he or she has not:
a. Been exposed, through transfer of bodily fluids, to any person known to have sickness or medical conditions derived from hepatitis, outside the scope of his or her employment;
b. Had a transfusion of blood or blood components, other than a transfusion arising out of an accident or injury happening in connection with his or her present employment, or received any blood products for the treatment of a coagulation disorder since last undergoing medical tests for hepatitis, which tests failed to indicate the presence of hepatitis;
c. Engaged in unsafe sexual practices or other high risk behavior, as identified by the Centers for Disease Control or the Surgeon General of the United States, or had sexual relations with a person known to him or her to have engaged in such unsafe sexual practices or other high risk behavior; or
d. Used intravenous drugs not prescribed by a physician.
2. In the case of meningococcal meningitis, in the ten days immediately preceding diagnosis he or she was not exposed, outside the scope of his or her employment, to any person known to have meningococcal meningitis or known to be an asymptomatic carrier of the disease.
3. In the case of tuberculosis, in the period of time since the member's last negative tuberculosis skin test, he or she has not been exposed, outside the scope of his or her employment, to any person known by him or her to have tuberculosis.
(c) Immunization. Whenever any standard, medically recognized vaccine or other form of immunization or prophylaxis exists for the prevention of a communicable disease for which a presumption is granted under this section, if medically indicated in the given circumstances pursuant to immunization policies established by the Advisory Committee on Immunization Practices of the U.S. Public Health Service, an emergency rescue or public safety member may be required by the city to undergo the immunization or prophylaxis unless the member's physician determines in writing that the immunization or other prophylaxis would pose a significant risk to the member's health. Absent such written declaration, failure or refusal by an emergency rescue or public safety member to undergo such immunization or prophylaxis disqualifies the member from the benefits of the presumption.
(d) Record of exposures. The city shall maintain a record of any known or reasonably suspected exposure of an emergency rescue or public safety member in its employ to the diseases described in this section and shall immediately notify the member of such exposure. An emergency rescue or public safety member shall file an incident or accident report with the city of each instance of known or suspected occupational exposure to hepatitis infection, meningococcal meningitis, or tuberculosis.
(e) Required medical tests; pre- employment physical. In order to be entitled to the presumption provided by this section:
1. An emergency rescue or public safety member must, prior to diagnosis, have undergone standard, medically acceptable tests for evidence of the communicable disease for which the presumption is sought, or evidence of medical conditions derived therefrom, which tests fail to indicate the presence of infection. This division does not apply in the case of meningococcal meningitis.
2. On or after June 15, 1995, an emergency rescue or public safety member may be required to undergo a pre-employment physical examination that tests for and fails to reveal any evidence of hepatitis or tuberculosis.
(C) Disability benefits not in line of duty. Any member with five years or more credited service who shall become totally and permanently disabled to the extent that he or she is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a Firefighter, which disability is not directly caused by the performance of his or her duties as a Firefighter shall, upon establishing the same to the satisfaction of the Board, be entitled to a monthly pension equal to 25% of his or her compensation at the time of final determination of disability. Commencing with normal retirement date, the benefit shall be equal to 75% of his or her compensation at the time of final determination of disability. 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.
(D) Conditions disqualifying disability benefits. Each member who is claiming disability benefits shall establish, to the satisfaction of the Board, that such disability was not occasioned primarily by:
(1) Excessive or habitual use of any drugs, intoxicants or narcotics;
(2) Injury or disease sustained while willfully and illegally participating in fights, riots or civil insurrections or while committing a crime;
(3) Injury or disease sustained while serving in any branch of the Armed Forces; or
(4) Injury or disease sustained by the member after his or her employment as a Firefighter with the City of Hollywood shall have terminated.
(E) Physical examination requirement.
(1) A member shall not become eligible for disability benefits until and unless he or she undergoes a physical examination by one or more qualified physicians, surgeons, and/or psychologists who shall be selected by the Board for that purpose. The Board shall not select the member's treating physician or surgeon for this purpose except in an unusual case where the Board determines that it would be reasonable and prudent to do so.
(2) Any retiree receiving disability benefits under provisions of this subchapter may be required by the Board to submit sworn statements of his or her condition accompanied by a physician's statement to the Board annually and may be required by the Board to undergo additional periodic re-examinations 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 the Board finds that the retiree is no longer permanently and totally disabled to the extent that he or she is unable to render useful and efficient service as a Firefighter, the Board shall recommend to the city that the retiree be returned to performance of duty as a Firefighter, and the retiree so returned shall enjoy the same rights that he or she had at the time he or she was placed upon pension. In the event the retiree so ordered to return shall refuse to comply with the order within 30 days from the issuance thereof, he or she shall forfeit the right to his or her pension.
(3) If the retiree recovers from disability and reenters the service of the city as a Firefighter, his or her service will be deemed to have been continuous, and the period beginning with the first month for which he or she received a disability retirement income payment and ending with the date he or she reentered the service of the city will be considered as credited service for the purposes of the system.
(4) The Board shall have the power and authority to make the final decisions regarding all disability claims.
(F) Disability payments. The monthly benefit to which a member is entitled in the event of the member's disability retirement shall be payable on the first day of the first month after the Board determines the member became disabled. However, the monthly retirement income shall be payable as of the date the Board determined 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 retiree recovers from the disability prior to his or her normal retirement date, the payment due next preceding the date of such recovery; or
(2) If the retiree dies without recovering from the disability or attains his or her normal retirement date while still disabled, the payment due next preceding his or her death or the 120th monthly payment, whichever is later.
(3) Provided, however, the disability retiree may select, at any time prior to the date on which benefit payments begin, an optional form of benefit payment as described in § 33.044(A)(2), which shall be the actuarial equivalent of the normal form of benefit.
(G) Worker's compensation. Any amounts which may be paid or payable under the provisions of any workers' compensation, pension or similar law, either to a Firefighter or to the dependents of a Firefighter on account of any disability, shall be offset against and payable in lieu of any benefits payable under the provisions hereof on account of the same disability to the extent permitted by law, and only such reduced benefits shall be payable hereunder.
(H) Modified duty or light duty positions as an alternative to a disability pension benefit. In the event the Board finds that a member is totally and permanently disabled by reason of a medically determinable physical or mental impairment, as defined in division (A) or (C) above, which renders him or her incapable of performing all the regular duties of a Firefighter, the city may, based upon availability of a vacancy, assign the member to a modified duty or light duty position. A "modified duty" or "light duty" position, as used in this division, is defined as any position within the Department of Fire-Rescue and Beach Safety which does not require the member to perform all the duties of a Firefighter. If the city makes available a modified duty or light duty position, and a member rejects the assignment, said member shall be ineligible for either continued employment or disability retirement benefits.
(Ord. O-2010-30, passed 7-21-10; Am. Ord. O-2016-07, passed 5-18-16)