Chapter 22. PERSONNEL

Article IV. RETIREMENT SYSTEMS

Division 6. 1984 SUPPLEMENTAL POLICE OFFICER'S RETIREMENT SYSTEM

§ 22-280. Benefits.

Latest version.

(a)

Eligibility for retirement:

(1)

Service retirement eligibility. Any member in service may retire upon written application to the board setting forth at what time, not less than 30 days nor more than 90 days subsequent to the execution and filing thereof, such person desires to be retired; provided that at the time so specified for retirement such person shall have attained his or her normal retirement age, which is hereby defined as 25 years of creditable service or age 55. Upon retirement, such person shall be entitled to receive a benefit pursuant to subsection (b)(1) of this section. Any member separating from the active service after completing 20 years creditable service but prior to the attainment of age 55 shall be entitled to receive a benefit computed pursuant to subsection (b)(1) of this section upon attainment of age 55. Any other provision of the retirement system notwithstanding, a member's benefit shall become fully vested (100 percent non-forfeitable) upon the attainment of his or her normal retirement age.

(2)

Early retirement eligibility. Effective September 27, 2004, any member in service who does not meet the criteria established for service retirement eligibility pursuant to subsection (a)(1) of this section may retire upon written application to the board setting forth at what time, not less than 30 days nor more than 90 days subsequent to the execution and filing thereof, such person desires to be retired; provided that at the time so specified for retirement such person shall have completed ten years of creditable service and shall have attained age 50. A member who meets the early retirement eligibility of this subsection shall be entitled to receive a reduced benefit computed pursuant to subsection (b)(2) of this section.

(b)

Computation of retirement benefits.

(1)

Service retirement benefit. Upon retirement from service, pursuant to subsection (a)(1) of this section, a member shall receive a service retirement income which shall consist of a monthly income for life equal to such member's retirement income percent times such member's earnings base. Except as otherwise provided in this division, this shall be the normal form of retirement benefit as provided in subsection (b)(3)a. of this section. A member may elect the normal form or an optional form of retirement benefit as provided in subsection (b)(3) of this section.

(2)

Early retirement benefit. Upon retirement from service, pursuant to subsection (a)(2) of this section, a member shall receive an retirement income which shall consist of a monthly income for life equal to such member's retirement income percent times such member's earnings base, provided that the retirement income percent shall be reduced by three percent for each year the member had not attained age 55. Such reduction shall be prorated monthly for any portion of a year the member had not attained age 55. For purposes of early retirement, this shall be the normal form of retirement benefit as provided in subsection (b)(3)a. of this section. A member may elect the normal form or an optional form of retirement benefit as provided in subsection (b)(3) of this section.

(3)

Normal and optional forms of retirement benefits. Upon retirement, a member shall receive a retirement income based on the normal form of retirement benefit or one of the following actuarially equivalent options elected in lieu of the normal form. Option 1 of this section, provides for single or multiple designated beneficiaries. Only one designated survivor annuitant can be named for Options 2 through 4.

Normal form of retirement benefit. Benefits are payable for the life of the member only (life annuity). Upon death, no further benefits are payable to any designated beneficiary except as provided in subsection (d) of this section.

Optional forms of retirement benefit. For purposes of calculating the optional forms of retirement benefit, the normal form of retirement benefit is a life annuity. In lieu of the normal form of retirement benefit, a member (or designated beneficiary, upon the member's death, as provided in this division) may elect one of the options listed in subsections (b)(3)b.1 through 4 of this section. The following options are computed according to actuarial tables recommended by the actuary and adopted by the board:

Option 1. If such member dies before such member has received optional monthly retirement income payments for 120 months, the optional monthly payments shall be continued for the balance of the 120 months to such member's designated beneficiary, if such designated beneficiary survives the member. If a member has multiple surviving designated beneficiaries, the optional monthly payments shall be divided equally among the designated beneficiaries that survive such member. If no designated beneficiary survives the member, the optional monthly payment shall be made to the legal representative of such member or to the member's estate.

Option 2. Upon death, 100 percent of such member's optional retirement income shall be continued throughout the life of and paid to such member's survivor annuitant. If the survivor annuitant predeceases the member, the retirement income payment shall cease upon the member's death.

Option 3. Upon death, two-thirds of such member's optional retirement income shall be continued throughout the life of and paid to such member's survivor annuitant. If the survivor annuitant predeceases the member, the retirement income payment shall cease upon the member's death.

Option 4. Upon death, one-half of such member's optional retirement income shall be continued throughout the life of and paid to such member's survivor annuitant. If the survivor annuitant predeceases the member, the retirement income payment shall cease upon the member's death.

Any member who is receiving a retirement income payment under option 2, option 3, or option 4 may change his or her survivor annuitant a maximum of two times after the commencement of payments without the approval of the board or any survivor annuitant and with no requirement to provide information regarding the health status of the survivor annuitant being replaced. A member may not change his or her form of retirement benefit after the commencement of payments. Upon completion and receipt of all required forms and the submission of all fees as prescribed by the board, the actuary retained by the board will determine the actuarially equivalent new benefit amount with the change in survivor annuitant taking into account the ages of the former survivor annuitant, the new survivor annuitant, and the member. Such change in survivor annuitant and in the member's benefit amount will be effective upon the receipt by the board of the final consent of the member and will be implemented as soon as administratively practical.

Any member who is receiving a retirement income payment under option 1 may change his or her designated beneficiary at any time without the approval of the board or any designated beneficiary and with no requirement to provide information regarding the health status of the designated beneficiary being replaced.

(c)

Designated beneficiary election of option. When a member who is currently eligible to receive immediate retirement benefits retires and elects to receive one of the options available under subsection (b)(3)b of this section but dies prior to the first payment becoming normally due, the designated beneficiary or survivor annuitant may, with the approval of the board, elect to receive any of the options provided for in subsection (b)(3)b of this section.

(d)

Sum equal to accumulated contributions to be paid. In the event of the death of a member or death of the member's survivor annuitant or designated beneficiary before the payment from the retirement system of an amount equal to such deceased member's accumulated contributions, the difference between such accumulated contributions and all amounts previously paid shall be paid to the member's designated beneficiary, or if none, to the legal representative of such member or to the member's estate.

(e)

Eligibility for nonservice-connected disability benefits. Upon the written application of a member in service, a member's legal guardian or of the head of the member's department, any member who shall have become permanently disabled when the disability was unconnected with the performance of such member's duty as a police officer and not caused by the member's own willful intent, may be retired by the board on a nonservice-connected disability retirement income. The board-appointed physician or other physicians designated by the board shall certify to the board that the member is mentally or physically totally incapacitated from rendering useful and efficient service as a police officer, that such incapacity is likely to be permanent and that the member should be retired.

(1)

A police officer will not be entitled to receive any disability retirement income if the disability is a result of:

Excessive and habitual use by the police officer of drugs, intoxicants or narcotics;

Injury or disease sustained by the police officer while willfully and illegally participating in fights, riots, civil insurrections or while committing a crime;

Injury or disease sustained by the police officer while serving in any armed forces;

Injury or disease sustained by the police officer after employment has terminated;

Injury or disease sustained by the police officer while working for anyone other than the City and arising out of such employment.

(f)

Computation of nonservice-connected disability benefits. Effective September 27, 2004, upon retirement for a nonservice-connected disability, a member shall receive a disability retirement income which shall consist of a monthly income during the continuance of the disability which shall be equal to 25 percent of the member's earnings base or the sum of the member's accrued pension benefit, whichever is greater, as the normal form of retirement benefit, or an actuarially equivalent optional form of retirement benefit as set forth in subsection (b)(3)b of this section, as elected by the member at the time of his or her retirement, plus 7½ percent of the earnings base for each unmarried child under the age of 18.

(g)

Eligibility for service-connected disability benefits. Upon the written application of a member in service, a member's legal guardian or of the head of such member's department, any member who has been totally and permanently incapacitated for duty as a natural and proximate result of an accident sustained in service as a member and occurring while in the actual performance of duty at some definite time and place to be stated in the application, without willful negligence on such member's part, may be retired by the board on a service-connected disability retirement income, if the board-appointed physician or other physicians designated by the board shall certify to the board that the member is mentally or physically totally incapacitated from rendering useful and efficient service as a police officer, that the incapacity is likely to be total and permanent and that the member should be retired.

(1)

A police officer will not be entitled to receive any disability retirement income if the disability is a result of:

Excessive and habitual use by the police officer of drugs, intoxicants or narcotics;

Injury or disease sustained by the police officer while willfully and illegally participating in fights, riots, civil insurrections or while committing a crime;

Injury or disease sustained by the police officer while serving in any armed forces;

Injury or disease sustained by the police officer after employment has terminated;

Injury or disease sustained by the police officer while working for anyone other than the City and arising out of such employment.

(h)

Computation of service-connected disability benefits. Effective September 27, 2004, upon retirement for service-connected disability, a member shall receive a disability retirement income which shall be equal to 60 percent of the member's earnings base or the sum of the member's accrued pension benefit, whichever is greater, as the normal form of retirement benefit, or an actuarially equivalent optional form of retirement benefit as set forth in subsection (b)(3)b of this section, as elected by the member at the time of his or her retirement.

(i)

Time of taking effect of other benefits. Any retirement or other benefits provided for under this division, when approved by the board, shall be effective on the first day immediately following the final termination of the member's employment and the first payment shall be prorated for the portion of the month remaining.

(j)

Death benefits when death of member occurs after separation but prior to normal retirement age. Effective September 27, 2004, should a member who has attained 20 years of creditable service and who has separated from the active service die prior to the attainment of age 55, such member's designated beneficiary, provided such designated beneficiary survives the member, shall be eligible for an actuarially equivalent optional form of retirement benefit as set forth in subsection (b)(3)b of this section, as elected by such designated beneficiary at the time of the member's death. Surviving child benefits are payable as provided for by subsection (o) of this section. The payment of benefits provided for in this subsection shall commence immediately upon the death of the member.

Death while performing USERRA-qualified active military service. In the case of a member who dies on or after January 1, 2007 while performing "qualified military service" under Title 38, United States Code, Chapter 43, Uniformed Services Employment and Reemployment Rights Act ("USERRA") within the meaning of Section 414(u) of the Internal Revenue Code, any "additional benefits" (as defined by Section 401(a)(37) of the Internal Revenue Code) provided under the retirement system that are contingent upon a member's termination of employment due to death shall be determined as though the member had resumed employment immediately prior to his death. With respect to any such "additional benefits," for vesting purposes only, credit shall be given for the period of the member's absence from covered employment during "qualified military service."

(k)

Nonservice-connected death benefits. Effective September 27, 2004, should an active member cease to be an employee by death from causes unconnected with the performance of duties, the designated beneficiary, provided such designated beneficiary survives the member, shall be eligible for an actuarially equivalent optional form of retirement benefit as set forth in subsection (b)(3)b. of this section, as elected by such designated beneficiary at the time of the member's death. For purposes of non-service connected death benefits, the normal form of retirement benefit shall be equal to 25 percent of the member's earnings base or the sum of the member's accrued pension benefit at the time of death, whichever is greater. Surviving child benefits are payable as provided for by subsection (o) of this section.

(l)

Service-connected death benefits. Effective September 27, 2004, should an active member cease to be an employee by death in the performance of duties, or as a direct result thereof, the designated beneficiary, provided such designated beneficiary survives the member, shall be eligible for an actuarially equivalent optional form of retirement benefit as set forth in subsection (b)(3)b of this section, as elected by such designated beneficiary at the time of the member's death. For purposes of service-connected death benefits, the normal form of retirement benefit shall be equal to 60 percent of the earnings base or the sum of the member's accrued pension benefit at the time of death, whichever is greater. Surviving child benefits are payable as provided for by subsection (o) of this section.

(m)

Death of member receiving disability retirement benefits. Should a member receiving disability retirement income die, benefits, if any, will be payable in accordance with the normal form of retirement or the actuarially equivalent optional form of retirement benefit elected by the member at time of retirement. Surviving child benefits are payable as provided for by subsection (o) of this section.

(n)

Death of member receiving service retirement benefits or early retirement benefits. Should a member receiving a service retirement or early retirement income die, benefits, if any, will be payable in accordance with the normal form of retirement or the actuarially equivalent optional form of retirement benefit elected by the member at the time of retirement.

(o)

Surviving child benefits. Upon the death of a member, 7½ percent of the member's earnings base for each surviving unmarried child under the age of 18 who was the child of the member at the time of the member's retirement from active service will be payable to the legal guardian of such child. The total of all benefits payable under this subsection and subsection (b)(3) of this section shall not exceed the retirement income the member would have been entitled to receive as of the date of death. Should the total of all benefits payable to all designated beneficiaries and the surviving child exceed the retirement income the member would have been entitled to receive as of the date of death, in no case shall the surviving child benefit be reduced. In the event that all children are not in the custody of the same person, each child's benefit shall be paid to his or her legal guardian.

(p)

Termination of child benefits. Any benefits being paid to a child pursuant to subsections (f), (j), (k), (l), (m) and (n) of this section shall cease upon the child's marriage or attainment of age 18.

(q)

Adjustments. On October 1 of each year, a cost-of-living increase shall be added to monthly pension payments for each pension account receiving benefits; provided the pension member in whose name the pension account was originally established has or would have attained age 60 prior to October 1 of that year. The cost-of-living increase shall equal the annual percentage increase in the Consumer Price Index (CPI) for the preceding fiscal year (October 1 to September 30), or two percent, whichever is less.

(r)

Vested benefits. Should a member cease to be an employee for reasons other than death or retirement, on or after October 1, 2000, and after completing seven or more years of creditable service, such member shall acquire, pursuant to the following vesting schedule, benefits payable on a monthly life annuity basis commencing at age 55, provided such member has a vested interest at time of separation from employment.

Completed Years of Creditable Service	Annual Vested Increment in Accrued Benefit (% )	Cumulative Vested Interest in Accrued Benefit (%)
Less than 7	0	0
7	20	20
8	8	28
9	8	36
10	64	100

A member may elect in lieu of the life annuity (the normal form of retirement benefit), an actuarially equivalent optional form of retirement benefit as provided under subsection (b)(3) of this section.

Vesting shall pertain only to future retirement benefits payable as provided under this section and do not relate to employee contributions and other allowances.

As of the first day of the 2000 plan year, a member whose vested benefit has a present value, as determined in accordance with Code Section 417(e), not exceeding $5,000.00, and who has made an application for benefits, shall have that benefit distributed in a lump sum as soon as practicable for the retirement system. For members who cease to be an employee between the effective date of the ordinance from which this provision is derived and the date of its adoption, the present value of that member's benefit shall be the greater of:

(1)

The present value as calculated under this amendment; or

(2)

The present value as calculated without this amendment.

Death of vested member prior to receiving vested benefits. Should a vested member die prior to the commencement of vested benefits, the designated beneficiary, provided such designated beneficiary survives the member, shall be eligible for an actuarially equivalent optional form of retirement benefit as set forth in subsection (b)(3)b. of this section, as elected by such designated beneficiary at the time the member would have attained age 55.

(s)

Termination of employment. If any member who was actively employed on March 12, 1999 or who was hired after March 12, 1999 ceases to be an employee, except for death, disability or retirement, before accumulating aggregate time of ten years toward retirement and before being eligible to retire under the provisions of this division, such member shall be entitled to a refund of all of his or her contributions made to the retirement fund without interest less any benefits paid to him or her.

(t)

Reexamination of recipients of disability benefits. Once each year during the first five years following the retirement of a member on a disability retirement income and once in every three-year period thereafter, the board may, and upon the disability recipient's application, shall require any disability recipient to undergo a medical examination; however, this requirement shall terminate when the combined total of creditable service and years of disability retirement shall equal 25 years.

The examination shall be conducted by the physicians designated by the board, who shall submit a written report of their findings to the board. The disability recipient shall be advised of the examination upon 30 days' written notice, and should the disability recipient fail to submit to the examination within the indicated period, such person's retirement income shall be suspended until such time as the pensioner shall establish to the board eligibility to receive disability retirement income. Should the disability recipient fail within one year to respond to the notice for examination, it shall be conclusively deemed that the disability recipient is not entitled to disability retirement income and it shall be revoked and set aside.

(u)

Return of disability benefits recipient to active duty. Should it appear from a medical examination that a disability recipient is capable of returning to duty in the department in a limited duty or full duty capacity, the disability recipient shall be ordered to return to active duty in the department with the consent of the police chief and the Mayor and shall be restored to the active membership. Any member so returning to service from retirement due to a nonservice-connected disability shall receive credit only for such member's service actually rendered in the department in computing creditable service. Any member so returning to service from a retirement due to a service-connected disability shall receive credit for the time spent on pension in addition to service actually rendered in the department in computing creditable service. Any disability recipient so restored to the active membership shall return to the classification, title or rank held at the time of retirement and to the pay grade held at the time of retirement regardless of the capacity to which the member is restored and shall be eligible for all benefits provided by this division. The retirement income of any such disability recipient shall cease upon restoration to the active membership and such person shall contribute at the current contribution rate for active members.

(v)

Workers' compensation. Any amounts which may be paid or payable under the provisions of any workers' compensation or similar law to a member or to the dependents of a member on account of any service-connected disability shall, in such a manner as the board shall approve, be offset and payable in lieu of any benefits payable under the provisions of the retirement system on account of the same service-connected disability.

(w)

Limitations. Benefits payable pursuant to this division shall be limited as specified by F.S. § 112.65.

(Code 1973, § 22-130.13; Code 1992, § 22-256; Ord. No. 1077-F, § 1, 1-5-1989; Ord. No. 187-G, § 1, 1-26-1995; Ord. No. 389-G, § 2, 5-6-1999; Ord. No. 490-G, § 2, 9-6-2001; Ord. No. 612-G, § 4, 9-18-2003; Ord. No. 739-G, § 2, 7-7-2005; Ord. No. 964-G, § 1, 12-17-2009; Ord. No. 1002-G, § 2, 11-4-2010; Ord. No. 92-H, § 2, 10-3-2013; Ord. No. 145-H, § 3, 12-4-2014)

                    
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