(A) Service-incurred. Any member who receives a service-connected injury, disease, or disability, excluding alcohol and drug abuse, which injury, disease, or disability totally and permanently incapacitates him, physically or mentally, from regular and continuous duty as a firefighter or police officer, shall receive in equal monthly installments an amount equal to the greater of 3% of average monthly earnings for each year of continued service or 66 2/3% of final monthly earnings in effect at the date of disability retirement, but in no event will (s)he receive less than his accrued benefit under § 34.43.
(B) Nonservice-incurred. Any member with ten years of continuous service who receives a nonservice- incurred injury, disease, or disability, excluding alcohol and drug abuse, and which injury, disease, or disability totally and permanently incapacitates him, physically or mentally, from regular and continuous duty as a firefighter or police officer, shall receive in equal monthly installments an amount equal to 3% of his average monthly earnings for each year of continuous service, subject in any event to a maximum of 80% of monthly earnings in effect at the date of disability, but in no event will he receive less than the greater of 35% of his average monthly earnings or his accrued benefit. The benefit shall be payable for a period of 10 years certain and the remainder of his/her life thereafter or until recovery from the disability.
(C) Determination of disability. All questions relating to eligibility for initial payment or continuance of disability benefits, including, without limitation, whether a disability was service-incurred, shall be determined by the Board, taking into consideration the recommendations of the medical board, and based on the methods and procedures established by the Board. The determination as to whether a disability is service-incurred shall be made applying the presumptions of Section 185.34 or Section 175.231, as applicable, and other sections of the Florida Statutes.
(D) Benefit offsets. Effective prior to March 12, 1999, the service-incurred and nonservice-incurred disability benefits described in divisions (A) and (B) above shall be reduced or offset by the regular monthly amounts to which the disabled member is entitled under Worker’s Compensation and under the primary, non-family benefit provision of social security to the extent permitted by law. Subsequent to said date such offsets shall be permitted only to the extent allowed by the Florida Statutes.
(E) Service and nonservice disability shall have applicable to it the same survivorship benefit percentages as for normal retirement. However, benefits shall cease upon the determination of the Board, based on evidence that the disabled employee is no longer eligible for benefit under this section.
(F) The System may allow a public safety officer to elect a tax free distribution of up to $3,000 annually directly to a retiree medical plan or long term care insurance on a pre-tax basis, so long as the public safety officer separates from service either at the System’s normal retirement age or due to his or her disability. Insurance premiums may be paid for the public safety officer, his spouse or his dependents while he is alive, but once he is decreased, the benefit ceases and may not be used by his spouse or beneficiaries to pay for their insurance premiums. Insurance premium payments may only to made directly to the insurance company. “Public safety officers” include law enforcement officers, firefighters, chaplains, rescue crew members or ambulance crew members.
(‘69 Code, § 5-158) (Ord. 557, passed 2-19-81; Am. Ord. 829, passed 3-4-87; Am. Ord. 967, passed 9-19-91; Am. Ord. 1353, passed 9-20-00; Am. Ord. 1480, passed 3-17-04; Am. Ord. 1819, passed 5-6-15)