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18-2148 Amending the Police Officers' and Firefighters' Pension Trust FundORDINANCE NO...1--,a i y 3 AN ORDINANCE OF THE CITY OF LONGWOOD, FURTHER AMENDING THE CITY OF LONGWOOD POLICE OFFICERS' AND FIREFIGHTERS' PENSION TRUST FUND, ADOPTED BY ORDINANCE NO.11-1980, AS SUBSEQUENTLY AMENDED; AMENDING SECTION 8, DISABILITY; AMENDING SECTION 17, MISCELLANEOUS PROVISIONS; AMENDING SECTION 28, REEMPLOYMENT AFTER RETIREMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALINGALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA; SECTION 1 That Ordinance 11-1980 adopting the City of Longwood Police Officers' and Firefighters' Pension Trust Fund, as subsequently amended, is hereby further amended by amending Section 8, Disability, subsection 1., Disability Benefits In -Line of Duty, subsection 3., Disability Benefits Not -in -Line of Duty, and adding subsection 8., Eligibility for Disability Benefits, to read as follows. Disability Benefits In -Line of Duty Any Member 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 was directly caused by the performance of his duty 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 two percent (2%) of his Average Final Compensation multiplied by the total years of Credited Service, but in any event the minimum amount paid to the Member shall be fifty percent (50%) of the Average Final Compensation of the Member Disability Benefits Not -in -Line of DutX 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 two percent (2%) of his Average Final Compensation multiplied by the total years of Credited Service, but in any event, the minimum amount paid to the Member shall be twenty-five (25%)non-vested, are not eligible fbr disability -1- 8. Eligibility for Disability Benefits. Subject to 8.D. below, only active Members of the System on the date the Board determines entitlement to a disability benefit are eligible for disability benefits. A. Terminated persons, either vested or non -vested, are not eligible for disability benefits. In C. W The only exception to A. above is. I_f the Member is terminated by the City for medical reasons and he has already applied for disability benefits before the medical termination, or; fQ If the Member is terminated by the City for medical reasons and he applies within 30 days after the medical termination date. If either D.(1), or D.Q. above applies, the Member's application will be processed and fully considered by the Board. SECTION 2 That Ordinance 11-1980 adopting the City of Longwood Police Officers' and Firefighters' Pension Trust Fund, as subsequently amended, is hereby further amended by amending Section 17, Miscellaneous Provisions, to add subsection 10 , Missing Benefit Recipients, to read as follows. 10. Missing Benefit Recipients. such efforts, the individual cannot be located, the existing_ procedure of cancelling_ payments otherwise due (provided that, if the individual is later located, the benefits due shall be paid) will apply -2- SECTION 3 That Ordinance 11-1980 adopting the City of Longwood Police Officers' and Firefighters' Pension Trust Fund, as subsequently amended, is hereby further amended by amending Section 28, Reemployment After Retirement, to read as follows. SECTION 28. REEMPLOYMENT AFTER RETIREMENT. 1 Any Retiree who is retired under this System, exeept f6r disability retirement as previously provided for, may be reemployed by any public or private employer, except theertr, and may receive compensation from that employment without limiting or restricting in any way the retirement benefits payable under this System. Notwithstanding the previous sentence, reemployment by the City shall be subject to the limitations set forth in this Section. 2. After Normal Retirement. Any Retiree who is retired under normal retirement pursuant to this System and who is reemployed as a Police Officer or Firefighter after that Retirement and, by virtue of that reemployment, is eligible to participate in this System, shall upon being reemployed discontinue receipt of benefits. Upon reemployment, the Retiree shall be deemed to be fully vested and the additional Credited Service accrued during the subsequent employment period shall be used in computing a second benefit amount attributable to the subsequent employment period, which benefit amount shall be added to the benefit determined upon the initial retirement to determine the total benefit payable upon final Retirement. Calculations of benefits upon Retirement shall be based upon the benefit accrual rate, Average Final Compensation, and Credited Service as of that date and the retirement benefit amount for any subsequent employment period shall be based upon the benefit accrual rate, Average Final Compensation (based only on the subsequent employment period), and Credited Service as of the date of subsequent retirement The amount of any death or disability benefit received as a result of a subsequent period of employment shall be reduced by the amount of accrued benefit eligible to be paid for a prior period of employment. The optional form of benefit and anyjomt pensioner selected upon initial retirement shall not be subject to change upon subsequent retirement except as otherwise provided herein, but the Member may select a different optional form and joint pensioner applicable to the subsequent retirement benefit. 3 Any Retiree who is retired under normal retirement pursuant to this System and who is reemployed by the City after that Retirement and, by virtue of that reemployment is ineligible to participate in this System, shall, during the period of such reemployment, continue receipt ofbenefits during any subsequent employment period. 4 After disability retirement. A. under this System. C. -3- 45 Reemployment of Terminated Vested Persons. Reemployed terminated vested persons shall not be subject to the provisions of this Section until such time as they begin to actually receive benefits. Upon receipt of benefits, terminated vested persons shall be treated as normal Retirees for purposes of applying the provisions of this Section and their status as a normal Retiree shall be determined by the date they elect to begin to receive their benefit. SECTION 4 Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Longwood. SECTION 5: Repeal of Prior Inconsistent Ordinances and Resolutions. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 6: Severability If any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby SECTION 7: Effective Date. That this Ordinance shall become effective upon its adoption. FIRST READING: l Jnyem by �5 i a c g, SECOND READING: PASSED AND ADOPTED THIS IV DAY OF�OY9ffib&,2018 ATTEST CITY OF LONGWOOD, FLORIDA sty MWBe Paris, Mayor Approved as to form and legality for the use and reliance of the City of Longwood, Florida, only Crt Attorne dm/longwood/pf/08-21-18.ord -4-