(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 police officer or firefighter, which disability was directly caused by the performance of his or her duty as a police officer or firefighter, shall, upon establishing the same to the satisfaction of the Board, be entitled to a monthly pension as follows:
(1) Firefighters hired before March 15, 2012, and police officers shall be entitled to a monthly pension equal to the member's accrued benefit, but in any event, the minimum amount paid to such member shall be seventy-five percent (75%) of the member's average final compensation.
(2) Firefighter members hired on or after March 15, 2012, shall be entitled to a monthly pension equal to the member's accrued benefit, but in any event, the minimum amount paid to such member shall be sixty-six percent (66%) of the member's average final compensation.
(B) In-line-of-duty presumption:
(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 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 failed to reveal any evidence of such condition.
(2) Additional presumption. The presumption provided for certain communicable diseases in Fla. Stat. § 112.181, as amended from time to time, shall apply only to those conditions described in that statute that are diagnosed on or after January 1, 1996.
(3) Diagnosis of cancer or the circumstances that arise out of the treatment of cancer. A firefighter shall be considered totally and permanently disabled in the line of duty if he or she meets the Plan's definition of totally and permanently disabled due to the diagnosis of cancer or circumstances that arise out of the treatment of cancer.
(C) Disability benefits not in line of duty. Any member with ten (10) years or more credited service who shall 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 police officer or firefighter, which disability is not directly caused by the performance of his duties as a police officer or firefighter, shall, upon establishing the same to the satisfaction of the board, be entitled to a monthly pension equal to his accrued benefit, but in any event the minimum amount paid to such member shall be twenty-five percent (25%) of average final compensation.
(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 alcohol 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.
(4) Injury or disease sustained after his employment as a police officer or firefighter shall have terminated.
(5) Injury or disease sustained by the member while working for anyone other than the city and arising out of such other employment.
(E) Physical examination requirement. A member shall not be eligible for disability benefits until and unless he undergoes a physical examination by one or more qualified physicians who shall be selected by the board for that purpose.
(1) Any retiree receiving disability benefits hereunder may be periodically re-examined by one or more qualified physicians 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 is unable to render useful and efficient service as a police officer or firefighter, the board shall recommend to the city that the retiree be returned to performance of duty as a police officer or firefighter. In the event a retiree so ordered to return shall refuse to comply with the order within thirty (30) days, or upon regaining certification where required and as herein provided, he shall forfeit the right to his disability pension. If recertification is required, then prior to returning to duty it shall be the responsibility of the retiree to begin, within thirty (30) days, to regain his certification as a police officer or firefighter, if he has lost such certification during his disability period. In such event, he shall return to work immediately after such recertification.
(2) The cost of the physical examination or re-examination of a member or retiree shall be borne by the fund. Any other reasonable costs as determined by the board incident to the physical examination, such as, but not limited to, transportation, meals and hotel accommodations, may be borne by the fund.
(3) If a retiree recovers from disability and re-enters the service of the city as a police officer or firefighter, his service will be deemed to have been continuous, but the period beginning with the first month for which he received a disability pension payment and ending with the date he re-entered the service of the city will not 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 or recovery claims.
(F) Duration of 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 determines such entitlement. However, the monthly benefit 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, the payment due next preceding the date of such recovery; or
(2) If the retiree dies without recovering from disability, the payment due next preceding his death or the 120th monthly payment, whichever is later.
(3) Provided, however, a disability retiree may select, at any time prior to the date on which disability benefit payments begin, an optional form of benefit payment as described below.
(Ord. 2000-15, passed 5-5-00; Am. Ord. 2000-48, passed 9-21-00; Am. Ord. 2004-04, passed 1-22-04; Am. Ord. 2011-69, passed 3-15-12; Am. Ord. 2019-49, passed 9-5-19)