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§ 34.45 EARLY RETIREMENT INCENTIVE PROGRAM.
   (A)   (1)   The City Commission hereby creates an early retirement incentive program for certain full-time city employees who are police officers employed with the city as of September 1, 2011 and:
         (a)   Have completed a minimum of 18 years of credited service under the City of Pembroke Pines Police and Fire Pension Plan; and
         (b)   Are 41 years of age; and
         (c)   Are not in the Deferred Retirement Option Program (DROP).
      (2)   Employees who meet all criteria for participation are hereinafter referred to as eligible employees.
   (B)   Eligible employees may participate in the early retirement incentive program only if they execute, and do not subsequently rescind, an Agreement for Participation and Waiver, the form of which shall be created by the city, and must be submitted to the city and received by the city Human Resources Department no later than 6:00 p.m. December 5, 2011 designating a last date of employment not later than December 12, 2011. The last day of employment must be coordinated with and is subject to the consent of the City Manager.
   (C)   Eligible employees who elect to participate will receive a retirement benefit that shall not be reduced by the application of the early retirement reduction factors as contained in the Police and Fire Pension Plan for not achieving normal retirement age. Eligible employees who elect a benefit option under § 34.52(D) of this code of ordinances may only include payment for a maximum of 690 hours of unused, accumulated leave toward their pensionable earnings. For any eligible employee who elects to participate in the retiree health insurance program, the city will not pay retiree health insurance premiums until they reach normal retirement age of 50.
   (D)   No eligible employee who has executed a Participation Agreement is eligible for promotion during the balance of their employment with the city.
   (E)   The City Commission adopts, issues and certifies as its own, the final statement of actuarial impact and analysis prepared by Gabriel Roeder Smith & Co. of the proposed early retirement incentive program for the Police and Fire Pension Plan, copies of which are attached to Ordinance 1709 as Exhibit A and incorporated herein by this reference.
   (F)   The Plan Administrators of the Police and Fire Pension Plan, in accordance with F.S. Ch. 112 and Florida Administrative Rule 60T-1.004 are directed to certify and furnish a copy of this section together with the statement of actuarial impacted referenced herein to the Florida Division of Retirement. The Plan Administrator is authorized to make such supplemental filings with the Division of Retirement as is necessary to effectuate this early retirement incentive program.
   (G)   The City Commission hereby authorizes city administration to execute agreements for participation in the early retirement incentive program and waiver of rights forms with eligible employees as prepared by the city.
(Ord. 1709, passed 11-16-11)
§ 34.46 DISABILITY.
   (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)
§ 34.47 PRE-RETIREMENT DEATH.
   (A)   Service incurred. A death benefit shall be payable on behalf of any member who dies as a direct result of an occurrence arising in the performance of service. These benefits are not to be limiting to other benefits available under state law. The benefits shall be payable as follows:
      (1)   Spousal and Child Benefit:
         (a)   The member’s spouse shall be entitled to a monthly benefit equal to 50% of the member’s average monthly earnings until the spouse’s death or, effective prior to March 12, 1999, the earlier of death or remarriage.
         (b)   Each unmarried child until (s)he has reached the age of 18 years, and for each unmarried child from age 18 until age 22 who is a full-time student in a fully accredited high school, college, or university, there shall be paid in equal monthly installments, an amount equal to 5% of the average monthly earnings, subject to an overall limitation of a total of 60% of average monthly earnings for the spouse and children combined. The non-student child’s pension shall terminate on the earlier of death, marriage, or the attainment of age 18; the pension of a child who is a student shall terminate on the earlier of death, marriage or attainment of age 22. Legally adopted children shall be eligible the same as natural children. Upon the remarriage or death of the spouse, the 5% child allowance shall be increased to 10% for each child, not to exceed a combined total of 35% of the member’s average monthly earnings. The trusteeship and disbursements of the pension to any child or children shall be determined by the Board.
         (c)   The benefits provided in subsections (a) and (b) shall be reduced to no less than zero by the actuarial equivalent of any benefits paid pursuant to subsection (2) below.
      (2)   Effective as of March 12, 1999, if a member had at least 10 years of continuous service, his or her designated beneficiary shall be entitled to the benefits otherwise payable to the member at his early retirement date or normal retirement date, but no less than the member’s member contributions, plus simple interest, at the rate of 3% per annum. If the member did not have at least 10 years of continuous service, his or her designated beneficiary shall be entitled to the member’s member contributions, plus simple interest, at the rate of 3% per annum.
   (B)   Nonservice incurred. If any member dies in active service from causes not attributable to active duty or service, a death benefit shall be payable as follows:
      (1)   With less than five years of continuous service, to the designated beneficiary a lump sum payment of $2,500, or return of the member’s member contributions plus simple interest, at the rate of 3% per annum, whichever is greater.
      (2)   With five years of continuous service:
         (a)   To the spouse until death in equal monthly payments a pension equal to 50% of the member’s accrued pension as of the date of death, subject to a minimum of 20% of monthly earnings; plus
         (b)   To the child or children of the deceased member, the same benefits as are payable for reason of service-incurred death, subject however, to a maximum combined limitation of monthly payments to the spouse and children of 50% of average monthly earnings and 35% after death of spouse; plus
         (c)   To the designated beneficiary a lump sum payment of $2,500 or, effective March 12, 1999, if greater, the member’s member contributions, without interest.
      (3)   Effective as of March 12, 1999, if a member having at least 10 years of continuous service dies prior to retirement, his or her designated beneficiary is entitled to the benefits otherwise payable to the member at his early retirement date or normal retirement date.
       (4)   The monthly nonservice-incurred benefits payable to the spouse or beneficiary shall have applicable to it the same survivorship benefit percentages as for normal retirement.
(‘69 Code, § 5-159) (Ord. 557, passed 2-19-81; Am. Ord. 1353, passed 9-20-00; Am. Ord. 1480, passed 3-17-04)
§ 34.48 CONVICTION OF FELONY.
   (A)   The pension provided for in this subchapter shall cease on conviction of a felony and actual incarceration in the state penitentiary of a member receiving the benefits, when the pension shall be paid to the wife or children as prescribed for a deceased member in § 34.47. Upon his official release from incarceration, the pension will be paid to the pensioned member again.
   (B)   Effective as of March 12, 1999, upon conviction for a violation of § 175.195(1) or § 185.185(1), Florida Statutes, related to false, misleading, or fraudulent statements made to obtain public retirement benefits, a member or beneficiary may, in the discretion of the Board, be required to forfeit the right to receive any or all benefits to which the person would otherwise be entitled under this chapter. For purposes of this paragraph, “conviction” means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld.
(‘69 Code, § 5-175) (Ord. 557, passed 2-19-81; Am. Ord. 1353, passed 9-20-00; Am. Ord. 1443, passed 6-18-03; Am. Ord. 1480, passed 3-17-04)
§ 34.49 INCOMPETENCE.
   If any participant or beneficiary is a minor or is, in the judgement of the Board, otherwise incapable of personally receiving and giving valid receipt for any payment due him under the plan, or the Board has reason to so believe, the Board may, unless and until claims are made by a duly appointed guardian or committee of the person, make a payment or any part thereof to the person’s spouse, children, or other persons deemed by the Board to have incurred expenses or assumed responsibility for the expenses of the person. In its sole discretion, the Board may delay any such payment until the appointment of a guardian by an appropriate court. Any payment so made shall be a complete discharge of any liability under the plan for the payment.
(‘69 Code, § 5-179) (Ord. 557, passed 2-19-81; Am. Ord. 1353, passed 9-20-00; Am. Ord. 1480, passed 3-17-04)
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