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0691 Fire Pension ORDINANCE NO. 691 AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS' PENSION TRUST FUND, AS ADOPTED BY ORDINANCE 656 OF THE CITY OF OKEECHOBEE; AMENDING THE DEFINITIONS OF CREDITED SERVICE "MEMBER" AND "SALARY" AND ADDING THE DEFINITIONS OF "RETIREE" AND "RETIREMENT AMENDING SECTION 2, MEMBERSHIP; AMENDING SECTION 3, BOARD OF TRUSTEES; AMENDING SECTION 4, FINANCES AND FUND MANAGEMENT; AMENDING SECTION 6, BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 8, DISABILITY; AMENDING SECTION 9, VESTING; AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; AMENDING SECTION 12, CLAIMS PROCEDURES; AMENDING SECTION 13, REPORTS TO DEPARTMENT OF INSURANCE; AMENDING SECTION 16, MAXIMUM PENSION; DELETING SECTION 17, COMMENCEMENT OF BENEFITS; AMENDING SECTION 18, DISTRIBUTION OF BENEFITS; AMENDING SECTION 19, MISCELLANEOUS PROVISIONS; AMENDING SECTION 20, REPEAL OR TERMINATION OF SYSTEM; AMENDING SECTION 22, PENSION VALIDITY; PROVIDING FOR THE PURCHASE OF CREDITED SERVICE FOR SEPARATION FROM EMPLOYMENT FOR MILITARY SERVICE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA: SECTION 1: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of the City of Okeechobee, is amended by amending the definitions of "Credited Service "Member" and "Salary", and by adding the definitions of "Retiree" and "Retirement to read as follows: Credited Service means the total number of years and fractional parts of years of service as a Firefighter with Member contributions when required, omitting intervening years or fractional parts of years when such Member was not employed by the City as a Firefighter. A Member may voluntarily leave his contribution in the Fund for a period of five (5) years after leaving the employ of the Fire Department pending the possibility of being reemployed as a Firefighter, and remaining employed for a period of not less than three (3) years, without losing credit for the time that he was a Member of the System. If the Member does not remain employed for a period of three (3) years upon reemployment within five (5) years, then the Accumulated Contributions will be returned upon his written request. However, no Firefighter will receive credit for the years and fractional parts of years of service for which he has withdrawn his contributions to the Fund for those years and fractional parts of years, unless the Firefighter repays into the Fund the contributions he has withdrawn, with interest, within 90 days after his reemployment. Member means an actively employed Firefighter who fulfills the prescribed participation requirements. Benefit improvements which, in the past, have been provided for by amendments to the System adopted by City ordinance, and any benefit improvements which might be made in the future shall apply prospectively and shall not apply to Members who terminate employment or who retire prior to the effective date of any ordinance adopting such benefit improvements, unless such ordinance specifically provides to the contrary. Retiree means a Member who has entered Retirement Status. Retirement means a Member's separation from City employment with eligibility for immediate receipt of benefits under the System. Salary means the basic compensation paid by the City to a Member, plus all tax deferred and tax exempt items Nor of income, but excluding overtime, bonuses and any other non regular payment. Compensation in excess of the limitations set forth in Section 401(a)(17) of the Code shall be disregarded. The limitation on compensation for an "eligible employee" shall not be less than the amount which was allowed to be taken into account hereunder as in effect on July 1, 1993. "Eligible employee" is an individual who was a Member before the first plan year beginning after December 31, 1995. SECTION 2: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of the City of Okeechobee, is amended by amending Section 2, MEMBERSHIP, to read as follows: SECTION 2. MEMBERSHIP. 1. Conditions of Eligibility. A. All Firefighters as of the Effective Date, and all future new Firefighters, shall become Members of this System as a condition of employment. B. All future new Firefighters shall be required to complete a medical examination as prescribed by the City. 2. Membership. Each Firefighter shall complete a form prescribed by the Board providing for the designation of a Beneficiary or Beneficiaries. 3. Change in Designation of Beneficiary A Member may from time to time change his designated Beneficiary by written notice to the Board upon forms provided by the Board. Upon such change, the rights of all previously designated Beneficiaries to receive any benefits under the System shall cease. SECTION 3. That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of the City of Okeechobee, is amended by amending Section 3, BOARD OF TRUSTEES, subsections 5.H. and 5.I., to read as follows: H. To have performed actuarial studies and valuations, at least as often as required by law, and make recommendations regarding any and all changes in the provisions of the System. I. To perform such other duties as are required to prudently administer the System. SECTION 4: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of the City of Okeechobee, is amended by amending Section 4, FINANCES AND FUND MANAGEMENT, subsection 6.B.(5), to read as follows: (5) Bonds, stocks, commingled funds administered by National or State Banks or evidences of indebtedness issued or guar by a corporation organized under the laws of the United States, any state or organized territory of the United States, or the District of Columbia, provided that the security of the corporation is traded on a nationally recognized exchange and holds a rating or ranking in one of the three highest classifications by a major rating or ranking service, and if such investments are made in a commingled fund administered by a state or national bank, then the rating or ranking of each issue in the commingled fund shall hold a rating or ranking within 2 the top three (3) rating classifications of a major rating service and no foreign invest- ments shall be permitted in the commingled fund, or otherwise. SECTION 5: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of the City of Okeechobee, is amended by amending Section 6, BENEFIT AMOUNTS AND ELIGIBILITY, subsection 2, Normal Retirement Benefit, to read as follows: 2. Normal Retirement Benefit. A Member retiring hereunder on or after his normal retirement date shall receive a monthly benefit which shall commence on the first day of the month next following his Retirement and be continued thereafter during Member's lifetime, ceasing upon death, but with one hundred twenty (120) monthly payments guaranteed in any event. The monthly retirement benefit shall equal two and seven tenths percent (2.7 of Average Final Compensa- tion, for each year of Credited Service. SECTION 6: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of the City of Okeechobee, is amended by amending Section 8, DISABILITY, to read as follows: SECTION 8. DISABILITY. 1. 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 Firefighter, which disability was directly caused by the performance of his duty as a Firefighter, shall, upon establish- ing the same to the satisfaction of the Board, be entitled to a monthly pension determined in the same manner as for early retirement as set forth in Section 6, subsection 4B, providing for an actuarial reduction. 2. In -Line of Duty Presumptions. A. 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 Firefighter shall have successfully passed a physical examination upon entering into such service, including cardiogram, which examina- tion failed to reveal any evidence of such condition; and provided further, that such presumption shall not apply to benefits payable or granted in a policy of life insurance or dis- ability insurance. B. Additional Presumption. The presumption provided for in this subparagraph B. shall apply only to those conditions described in this subparagraph B. that are diagnosed on or after January 1, 1996. (1) Definitions. As used in this subsection 2.B., the following definitions apply: (a) "Body fluids" means blood and body fluids containing visible blood and other w body fluids to which universal precautions for prevention of occupational transmission of blood -borne pathogens, as established by the Centers for 3 Disease Control, apply. For purposes of potential transmission of meningococcal meningitis or tuberculosis, the term "body fluids" includes respiratory, salivary, and sinus fluids, including droplets, sputum, and saliva, mucous, and other fluids through which infectious airborne organisms can be transmitted between persons. (b) "Emergency rescue or public safety Member" means any Member employed full time by the City as a firefighter, paramedic, emergency medical technician, law enforcement officer, or correctional officer who, in the course of employment, runs a high risk of occupational exposure to hepatitis, meningococcal meningitis, or tuberculosis and who is not employed elsewhere in a similar capacity. However, the term "emergency rescue or public safety Member" does not include any person employed by a public hospital licensed under Chapter 395, Florida Statutes, or any person employed by a subsidiary thereof. (c) "Hepatitis" means hepatitis A, hepatitis B, hepatitis non -A, hepatitis non -B, hepatitis C, or any other strain of hepatitis generally recognized by the medical community. (d) "High risk of occupational exposure" means that risk that is incurred because a person subject to the provisions of this subsection, in performing the basic duties associated with his employment: i. Provides emergency medical treatment in a non health -care setting where there is a potential for transfer of body fluids between persons; ii. At the site of an accident, fire, or other rescue or public safety operation, or in an emergency rescue or public safety vehicle, handles body fluids in or out of containers or works with or otherwise handles needles or other sharp instruments exposed to body fluids; iii. Engages in the pursuit, apprehension, and arrest of law violators or suspected law violators and, in performing such duties, may be exposed to body fluids; or iv. Is responsible for the custody, and physical restraint when necessary, of prisoners or inmates within a prison, jail, or other criminal detention facility, while on work detail outside the facility, or while being transported and, in performing such duties, may be exposed to body fluids. (e) "Occupational exposure," in the case of hepatitis, meningococcal meningitis, or tuberculosis, means an exposure that occurs during the performance of job duties that may place a worker at risk of infection. 4 (2) Presumption. Any emergency rescue or public safety Member who suffers a condition or impairment of health that is caused by hepatitis, meningococcal meningitis, or tuberculosis, that requires medical treatment, and that results in total or partial disability or death shall be presumed to have a disability suffered in the line of duty, unless the contrary is shown by competent evidence; however, in order to be entitled to the presumption, the Member must, by written affidavit as provided in Section 92.50, Florida Statutes, veri fy by written declaration that, to the best of his knowledge and belief: (a) In the case of meningococcal meningitis, in the 10 days immediately preceding diagnosis he was not exposed, outside the scope of his employment, to any person known to have meningococcal meningitis or known to be an asymptomatic carrier of the disease. (b) In the case of tuberculosis, in the period of time since the Member's last negative tuberculosis skin test, he has not been exposed, outside the scope of his employment, to any person known by him to have tuberculosis. (3) Immunization. Whenever any standard, medically recognized vaccine or other form of immunization or prophylaxis exists for the prevention of a communicable disease for which a presumption is granted under this section, if medically indicated in the given circumstances pursuant to immunization policies established by the Advisory Committee on Immunization Practices of the U.S. Public Health Service, an emergency rescue or public safety Member may be required by the City to undergo the immunization or prophylaxis unless the Member's physician determines in writing that the immunization or other prophylaxis would pose a significant risk to the Member's health. Absent such written declaration, failure or refusal by an emergency rescue or public safety Member to undergo such immunization or prophylaxis disqualifies the Member from the benefits of the presumption. (4) Record of Exposures. The City shall maintain a record of any known or reasonably suspected exposure of an emergency rescue or public safety Member in its employ to the disease described in this section and shall immediately notify the Member of such exposure. An emergency rescue or public safety Member shall file an incident or accident report with the City of each instance of known or suspected occupational exposure to hepatitis infection, meningococcal meningitis, or tuberculosis. (5) Required medical tests: preemployment physical. In order to be entitled to the presumption provided by this section: (a) An emergency rescue or public safety Member must, prior to diagnosis, have undergone standard, medically acceptable tests for evidence of the communicable disease for which the presumption is sought, or evidence of 5 medical conditions derived therefrom, which tests fail to indicate the presence of infection, or, in the case of hepatitis infection, shall have banked serum for future testing, which future tests fail to reveal evidence of infection. This paragraph does not apply in the case of meningococcal meningitis. (b) On or after June 15, 1995, an emergency rescue or public safety Member may be required to undergo a preemployment physical examination that tests for and fails to reveal any evidence of hepatitis or tuberculosis. 3. Disability Benefits Not -in -Line of Duty. Any Member with five (5) or more years of Credited Service who shall become totally and per- manently 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 Firefighter, which disability is not directly caused by the per- formance of his duties as a Firefighter shall, upon establishing the same to the satisfaction of the Board, be entitled to a monthly pension determined in the same manner as for early retirement as set forth in Section 6, subsection 4B, providing for an actuarial reduction. 4. Conditions Disaualifving Disability Benefits. Each Firefighter who is claiming disability benefits shall establish, to the satisfaction of the Board, that such disability was not occasioned primarily by: A. Excessive or habitual use of any drugs, intoxicants, or alcohol. B. Injury or disease sustained while willfully and illegally participating in fights, riots or civil insurrections. C. Injury or disease sustained while committing a crime. D. Injury or disease sustained while serving in any branch of the Armed Forces. E. Injury or disease sustained after his employment as a Firefighter with the City Okeechobee shall have terminated. F. Willful, wanton or intentional misconduct or gross negligence of the Member. G. Injury or disease sustained by the Firefighter while working for anyone other than the City and arising out of such employment. H. A condition pre existing the Firefighter's membership in the System. No Member shall be entitled to a disability pension, whether in line of duty or not in line of duty, because of or due to the aggravation of a specific injury, impairment or other medical condition pre- existing at the time of membership in the System, provided that such pre existing condition and its relationship to a later injury, impairment or other medical condition be established by competent substantial evidence. Nothing herein shall be construed to preclude a disability pension to a Member who, after membership in the System, suffers an injury, impairment or other medical condition different from some other injury, impairment, or other medical condition existing at or prior to said membership. 5. Physical Examination Requirement. 6 A Member shall not become eligible for disability benefits until and unless he undergoes a physical examination by a qualified physician or physicians and /or surgeon or surgeons, who shall be selected by the Board for that purpose. The Board shall not select the Member's treating physician or surgeon for this purpose except in an unusual case where the Board determines that it would be reasonable and prudent to do so. Any Retiree receiving disability benefits under provisions of this ordinance may be periodically re- examined by a qualified physician or physicians and /or surgeon or surgeons 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 Firefighter, the Board shall recommend to the City that the Retiree be returned to performance of duty as a Firefighter, and the Retiree so returned shall enjoy the same rights that Member had at the time he was placed upon pension. In the event the Retiree so ordered to return shall refuse to comply with the order within thirty (30) days from the issuance thereof, Member shall forfeit the right to his pension. The cost of the physical examination and /or re- examination of the Member claiming the Retiree receiving disability benefits shall be borne by the Fund. All other reasonable costs as determined by the Board incident to the physical examination, such as, but not limited to, transportation, meals and hotel accommodations, shall be borne by the Fund. If the Retiree recovers from disability and reenters the service of the City as a Firefighter, his service shall be deemed to have been continuous, and the period for which Member received a disability retirement income shall be Credited Service for purposes of the System. If the Firefighter fails to reenter the service of the City as a Firefighter within thirty (30) days from the date the Board determines 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 Firefighter, the Member's future benefits shall be determined as though he initially terminated employment on the date the Board determined that he was permanently and totally disabled to the extent that he was unable to render useful and efficient service as a Firefighter. The Board shall have the power and authority to make the final decisions regarding all disability claims. 6. Disability Payments. The monthly benefit to which a Member is entitled in the event of the Member's disability retirement shall be payable on the first day of the first month after the Board determines such entitlement. However, the monthly retirement income 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: A. If the Retiree recovers from the disability prior to his normal retirement date, the payment due next preceding the date of such recovery, or B. If the Retiree dies without recovering from disability or attains his normal retirement date while still disabled, the payment due next preceding his death or the 120th monthly payment, whichever is later. 7 7. Workers' Compensation.. When a Member is receiving a disability pension and workers' compensation benefits pursuant to Florida Statute Chapter 440, for the same disability, and the total monthly benefits received from both exceed 100% of the Member's average monthly wage, as defined in Chapter 440, Florida Statutes, excluding overtime, the disability pension benefit shall be reduced so that the total monthly amount received by the Member does not exceed 100% of such wage. The amount of any lump sum workers' compensation payment shall be converted to an equivalent monthly benefit payable for ten (10) Years Certain by dividing the lump sum amount by 83.9692. SECTION 7: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of the City of Okeechobee, is amended by amending Section 9, VESTING, to read as follows: SECTION 9. VESTING If a Member terminates his employment with the Fire Department, either voluntarily or by discharge, and is not eligible for any other benefits under this System, Member shall be entitled to the following: 1. If the Member has less than ten (10) years Credited Service upon termination, the Member shall be entitled to a refund of his Accumulated Contributions or the Member may leave it deposited with the Fund. 2. If the Member has ten (10) or more years of Credited Service upon termination, the Member shall be entitled to a monthly retirement benefit, determined in the same manner as for normal or early retirement and based upon the Member's Credited Service, Average Final Compensation and the benefit accrual rate as of the date of termination, payable to him commencing at Member's otherwise normal or early retirement date, provided he does not elect to withdraw his Accumulated Contributions and provided Member survives to his normal or early retirement date. 3. Any Member of the System whose position is terminated, for whatever reason, but who remains employed by the City in some other capacity, shall have all retirement benefits accrued up to the date of such termina- tion under this System preserved, provided he does not elect to withdraw his Accumulated Contributions from this System. Such accrued retirement benefits shall be payable at his otherwise early (reduced as for early retirement) or normal retirement date hereunder, or later, in accordance with the provisions of this System; provided further, however, that benefits shall not be payable under this System during any period of continued employment by the City. SECTION 8: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of the City of Okeechobee, is amended by amending Section 10, OPTIONAL FORMS OF BENEFITS, subsection 1.A., to read as follows: A. A retirement income of a modified monthly amount, payable to the Member during the lifetime of the Member and following the death of the Member, 100 75 66 2/3% or 50% of such monthly amount payable to a joint pensioner for his lifetime. Except where the Retiree's joint pensioner is his Spouse, the present value of payments to the Retiree shall not be less than fifty percent (50 of the total present value of payments to the Retiree and his joint pensioner. 8 SECTION 9: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of the City of Okeechobee, is amended by amending Section 12, CLAIMS PROCEDURES, to read as follows: SECTION 12. CLAIMS PROCEDURES,. 1. The Board shall establish administrative claims procedures to be utilized in processing written requests "claims on matters which affect the substantial rights of any person "Claimant including Members, Retirees, Beneficiaries, or any person affected by a decision of the Board. 2. The Board shall have the power to subpoena and require the attendance of witnesses and the production of documents for discovery prior to and at any proceedings provided for in the Board's claims procedures. The Claimant may request in writing the issuance of subpoenas by the Board. A reasonable fee may be charged for the issuance of any subpoenas not to exceed the fees set forth in Florida Statutes. SECTION 10: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of the City of Okeechobee, is amended by amending Section 13, REPORTS TO DEPARTMENT OF INSURANCE, to read as follows: SECTION 13. REPORTS TO DIVISION OF RETIREMENT. Each year and no later than March 15th, the Chairman of the Board shall file a report with the Division of Retirement containing the following: 1. Whether in fact the City is in compliance with the provisions of Chapter 175, Florida Statutes. 2. A certified statement of accounting for the most recent fiscal year of the City (or an independent audit by a certified public accountant if required by the Division of Retirement) showing a detailed listing of assets and methods used to value them and a statement of all income and disbursements during the year. Such income and disbursements shall be reconciled with the assets at the beginning and end of the year. 3. A statistical exhibit showing the number of Firefighters on the force of the City, the number included in the System, the number of Firefighters ineligible, classified according to the reasons for their being ineligible, and the number of Retirees and their Beneficiaries receiving pension payments and the amounts of annual retirement income or pension payments being received by them. 4. A statement of the amount the City has contributed to the Fund for the preceding plan year, and the amount the City will contribute to the Fund for the current plan year. 5. If any benefits are insured with a commercial insurance company, the report shall include a statement of the relationship of the insured benefits to the benefits provided by this ordinance. This report shall also contain information about the insurer, basis of premium rates, mortality table, interest rates and method used in valuating retirement benefits. 6. The actuarial valuation of the System as provided for in Section 3. Such valuation shall be prepared AIL by an enrolled actuary who is enrolled under Subtitle C of Title 3 of the Employee Retirement Income Security Act w of 1974 and who is a member of the Society of Actuaries or the American Academy of Actuaries. 9 SECTION 11: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of the City of Okeechobee, is amended by amending Section 16, MAXIMUM PENSION, subsection 9.B., to read as follows: B. No Member of the System shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon any service with respect to which the Member is already receiving, or will receive in the future, a retirement benefit or pension from another retirement system or plan. This restriction does not apply to social security benefits or federal benefits under Chapter 67, Title 10, U.S. Code. SECTION 12: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of the City of Okeechobee, is amended by deleting Section 17, COMMENCEMENT OF BENEFITS, in its entirety. SECTION 13: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of the City of Okeechobee, is amended by amending Section 18, DISTRIBUTION OF BENEFITS, subsection 2.C., to read as follows: C. Such distribution begins within one year of the Member's death unless the Member's Spouse shall receive the remaining interest in which case the distribution need not begin before the date on which the Member would have attained age 70 -1/2 and if the Spouse, dies before the distribution to the Spouse begins, this Section shall be applied as if the Spouse were the Member. SECTION 14: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of the City of Okeechobee, is amended by amending Section 19, MISCELLANEOUS PROVISIONS, to read as follows: SECTION 19. MISCELLANEOUS PROVISIONS 1. Interest of Members in System. At no time prior to the satisfaction of all liabilities under the System with respect to Members and their Spouses or Beneficiaries, shall any part of the corpus or income of the Fund be used for or diverted to any purpose other than for their exclusive benefit. 2. No Reduction of Accrued Benefits.. No amendment or ordinance shall be adopted by the City Council of the City of Okeechobee which shall have the effect of reducing the then vested accrued benefits of Members or a Member's Beneficiaries. 3. Oualification of System. It is intended that the System will constitute a qualified pension plan under the applicable provisions of the Code, as now in effect or hereafter amended. Any modification or amendment of the System may be made retroactively, if necessary or appropriate, to qualify or maintain the System as a Plan meeting the requirements of 10 the applicable provisions of the Code as now in effect or hereafter amended, or any other applicable provisions of the U.S. federal tax laws, as now in effect or hereafter amended or adopted, and the regulations issued thereunder. 4. Use of Forfeitures. Forfeitures arising from terminations of service of Members shall serve only to reduce future City contributions. SECTION 15: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of the City of Okeechobee, is amended by amending Section 20, REPEAL OR TERMINATION OF SYSTEM, subsections 3.A., 3.B., and 3.D., to read as follows: A. Apportionment shall first be made in respect of each Retiree receiving a retirement or disability benefit hereunder on such date, each person receiving a benefit on such date on account of a retired or disabled (but since deceased) Member, and each Member who has, by such date, become eligible for normal retirement but has not yet retired, an amount which is the Actuarial Equivalent of such benefit, provided that, if such asset value be less than the aggregate of such amounts, such amounts shall be proportionately reduced so that the aggre- gate of such reduced amounts will be equal to such asset value. B. If there be any asset value remaining after the apportionment under paragraph A, apportionment shall next be made in respect of each Member in the service of the City on such date who is vested and who is not entitled to an apportionment under paragraph A, in the amount required to provide the Actuarial Equivalent of the vested portion of the accrued normal retirement benefit (but not less than Accumulated Contributions), based on the Credited Service and Average Final Compensation as of such date, and each vested former Member then entitled to a deferred benefit who has not, by such date, begun receiving benefit payments, in the amount required to provide said Actuarial Equivalent of the vested portion of the accrued normal retirement benefit (but not less than Accumulated Contributions), provided that, if such remaining asset value be less than the aggregate of the amounts apportioned hereunder, such latter amounts shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value. C. D. If there be any asset value remaining after the apportionments under paragraphs A, B, and C, apportionment shall lastly be made in respect of each Member included in paragraph C above to the extent of the Actuarial Equivalent of the non vested accrued normal retirement benefit, less the amount apportioned in paragraph C, based on the Credited Service and Average Final Compensation as of such date, provided that, if such remaining asset value be less than the aggregate of the amounts apportioned hereunder, such amounts shall be reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value. 11 SECTION 16: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of the City of Okeechobee, is amended by amending Section 22, PENSION VALIDITY, to read as follows: SECTION 22. PENSION VALIDITY. The Board shall have the power to examine into the facts upon which any pension shall heretofore have been granted under any prior or existing law, or shall hereafter be granted or obtained erroneously, fraudulently or illegally for any reason. Said Board is empowered to purge or correct the pension rolls of any person heretofore granted a pension under prior or existing law or hereafter granted a pension under this ordinance if the same is found to be erroneous, fraudulent or illegal for any reason; and to reclassify any person who has heretofore under any prior or existing law been or who shall hereafter under this ordinance be erroneously, improperly or illegally classified. Any overpayments or underpayments shall be corrected and paid or repaid in a reasonable manner determined by the Board. SECTION 17: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of the City of Okeechobee, is amended by adding Section 28, SEPARATION FROM EMPLOYMENT FOR MILITARY SERVICE, to read as follows: SECTION 28. SEPARATION FROM EMPLOYMENT FOR MILITARY SERVICE. The years or fractional parts of a year that a Firefighter serves in the military service of the Armed Forces of the United States, the United States Merchant Marine or the United States Coast Guard, voluntarily or involuntarily, after separation from employment as a Firefighter with the City to perform training or service, shall be added to his years of Credited Service for all purposes, including vesting, provided that: A. The Firefighter must return to his employment as a Firefighter within one (1) year from the earlier of the date of his military discharge or his release from service. B. The Firefighter deposits into the Fund the same sum that the Member would have contributed if he had remained a Firefighter during his absence. The Firefighter must deposit all missed contributions within a period equal to three (3) times the period of military service, but not more than five (5) years or he will forfeit the right to receive Credited Service for his military service pursuant to this Section. C. The maximum credit for military service pursuant to this Section shall be five (5) years. D. In order to qualify for the purchase of Credited Service pursuant to this Section, the Firefighter must have been discharged or released from service under honorable conditions. This Section is intended to meet or exceed the minimum requirements of the Uniformed Services Employment and Reemploy- ment Rights Act (USERRA), (P.L. 103 -353). To the extent that this Section does not meet the minimum standards of USERRA, as it may be amended from time to time, the minimum standards shall apply. SECTION 18: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. 12 SECTION 19: If any section, subsection, sentence, chaise, 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 20: That this Ordinance shall become effective upon adoption. Introduced on first reading and set for public hearing this 18th day of J. e 996. James E. Kirk, Mayor ATTEST: "ALA _'J 4L 4/0/4.: Bonnie S. Thomas, CMC, City Clerk Passed on second reading after public hearing this 2nd day of July 1996. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk 13