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1996-07-02 Regular Meeting:: CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION A. Call Meeting to order on July 2, 1996 at 7:00 p.m B. Invocation offered by Reverend J.P. Ziegler Pledge of Allegiance led by Mayor Kirk. C. Mayor and Council Attendance: Mayor James E. Kirk Council Member Noel A. Chandler Council Member Michael G. O'Connor Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Staff Attendance. - City Attorney John R. Cook City Administrator John J. Drago City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea Council Member Watford called the regular meeting to order on July 2, 1996 at 7:00 p.m. Council Member Watford offered the invocation; Council Member Watford led the Pledge of Allegiance. Clerk Thomas called the roll: Absent Present Present Present Present Present Present Present Absent D. Motion to dispense with the reading and approve the Sum- Council Member Oliver moved to dispense with the reading and approve the Summary mary of Council Action for the Regular Council Meeting of of Council Action for the regular meeting of July 18, 1996; seconded by Council Member June 18, 1996. 11 Chandler. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. X X X PAGE 1 OF X X X a JULY 2, 1996 - REGULAR MEETING - PAGE 2 OF 7 11 E. Motion to approved Warrant Register for May, 1996 in the Council Member O'Connor moved to approve the Warrant Register for May, 1996 in the amount of $300,403.82. amount of three hundred thousand, four hundred three dollars, eighty-two cents ($300,403.82); seconded by Council Member Oliver. Council Member Watford commended Finance Director Delorme for earning his certification and becoming a Certified Government Finance Officer. He also appreciated the revenue projection report through the end of the fiscal year for the City. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL III Council Member Watford asked if there were any requests for the addition, deferral or OF ITEMS ON TODAY'S AGENDA. withdrawal of items on today's agenda. There were none. F. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION 111 Council Member Watford opened the Public Hearing for ordinance adoption. 1. a. Motion to read by title only Ordinance 690 - City Council Member O'Connor moved to read by title only (proposed) Ordinance No. 690 Attorney (Exhibit 1). (amending the restated City of Okeechobee Municipal Police Officers Pension Trust Fund); seconded by Council Member Oliver. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. X X X X X X X X X Kil 190 JULY 2, 1996 - REGULAR MEETING - PAGE 3 OF 7 F. PUBLIC HEARING FOR ORDINANCE ADOPTION a. Read proposed Ordinance 690 by title only con- III Attorney Cook read proposed Ordinance No. 690 by title only as follows: tinued: 'AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE RESTATED CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST FUND AS ADOPTED BY ORDINANCE NO. 657, AMENDING THE DEFINITIONS OF "CREDITED SERVICE" "MEMBER" 'POLICE OFFICER" AND "SALARY"ANDADDING 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 SEVERABILTTY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." b. Motion to adopt Ordinance 690. Council Member Oliver moved to (approve the second reading and) adopt (proposed) Ordinance No. 690; seconded by Council Member O'Connor. c. Public Comment. Council Member Watford asked if there was any questions or comments from the public. There were none. Council Member Watford questioned if this was basically an update? Pension Board Trustee Larry Coonfare confirmed it was and that it was at no cost to the City. d. Vote on motion. III Vote on motion to adopt: KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. JULY 2, 1996 - REGULAR MEETING - PAGE 4 OF 7 191 F. PUBLIC HEARING FOR ORDINANCE ADOPTION 2. a. Motion to read by title only Ordinance 691 - City Council Member Oliver moved to read by title only, (proposed) Ordinance No. 691 Attorney (Exhibit 2). (amending the City of Okeechobee Municipal Firefighters Pension Trust Fund); seconded by Council member Chandler. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. Attorney Cook read proposed Ordinance No. 691 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE RESTATED 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." 2. b. Motion to adopt Ordinance 691. Council Member O'Connor moved to (approve the second reading and) adopt (proposed) Ordinance No. 691; seconded by Council Member Oliver. 2. c. Public Comment. Council Member Watford asked if there were any questions or comments from the public. There were none. X X X X X 192 JULY 2, 1996 - REGULAR MEETING - PAGE 5 OF 7 F. PUBLIC HEARING FOR ORDINANCE ADOPTION 2. d. Vote on motion. CLOSE PUBLIC HEARING G. NEW BUSINESS Vote on motion to adopt: KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. Council Member Watford closed the public hearing. 1. Motion to approve advertising a 15% increase in the III Council Member O'Connor moved to approve advertising a fifteen percent (15%) roll -back property tax rate - City Administrator. increase in the roll -back property tax rate; seconded by Council Member Chandler. Administrator Drago explained this is the normal routine to get the budget process started and that this was just a formality. The tentative budget hearings are scheduled for the first and second Tuesday's in September. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. X X X X X X X X X X 1 193 JULY 2, 1996 - REGULAR MEETING - PAGE 6 OF 7 G. NEW BUSINESS 2. Discuss GLOTA Workshop - Councilman Watford. Council Member Watford gave a general overview of the Greater Lake Okeechobee Tourism Alliance (GLOTA) Charette (Workshop) that was held on June 19, 1996, at the KOA Kampground and attended by himself, Council Members Chandler, O'Connor and Oliver. There were a lot of good ideas that were brought out. Several of the idea's, however, are in conflict with the City's proposed Land Development Regulations (LDR's). For example, Residential in Commercial, and some of the zoning and building issues. He suggested that the Council discuss these issues at the next LDR workshop with the Citizen Advisory Committee and get the ideas, if the Council wants them, worked into the LDR's. Council instructed Administrator Drago to contact Diane Kinchen (Executive Director Tourism Alliance) to meet with the City Council with the renderings at the next regular meeting. Administrator Drago also advised the Council to keep in mind that when the consultant gets done with his master plan (for the downtown grant) and presents it to the Council that is when the Council can start to fine tune what Council Member Watford was saying. The consultant is not going to come up with renderings, he is going to explain what his suggestions are in each block. The intent of the grant is not to do any theme downtown, it is just to take the architectural design of the building and accent it with colors and signs. Council Member Chandler also noted one of the things the City needed to put on our regulations for the downtown area should state "subject to change". Council agreed. 194 JULY 2, 1996 - REGULAR MEETING - PAGE 7 OF 7 Adjournment PLEASE TAKE NOTICE AND BE ADVISED that if a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. A tape recording of this meeting is on file in the City Clerk's Office. ATTEST: Bonnie S. Thomas, CMC City Clerk ing R. Chairman There being no further items on the agenda, Council Member Watford adjourned the meeting at 7:30 p.m. 07-02e-94 +Wo Nal'ED ORDINANCE NO. 690 AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE RESTATED CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST FUND AS ADOPTED BY ORDINANCE NO. 657; AMENDING THE DEFINITIONS OF "CREDITED SERVICE", "MEMBER", "POLICE OFFICER" 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 SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. &..._.L�"---._b G4- ,�yyJ% c �j�cuSSi4N 1� U�BUC: _ ll-� d. ,pt54 YAS At ou�t,C��. vorf (d1 KIRK CNAndtrR O'CONNOR WATFORD E-1 70z-q� n/a n/a CARRIED)/ DENIED 07-oz-96 CP. wi�l/utes exo����� . — CL. 64V& / 0' W4� P/ nito_� = xa_., c� Ad ORDINANCE NO. 691 AN ORDINANCE OF THE, CITY OF OI EECIIOBEE AMENDING THE CITY OF OIC-E, ECHOBEE MUNICIPAL FIRE, FIGI-TIERS' PENSION TRUST FUND, AS ADOPTED BY ORDINANCE 656 OF THE CITY OF OICEECHOBEE; AMENDING THE DEFINITIONS OF "CREDITED SERVICE", "MENIBER" 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 DEPARTIVIENT OF INSURANCE; AMENDING SECTION 16, MAXIMUM PENSION; DELETING SECTION 17, COWNIENCEIMENT OF BENEFITS; ANIENDING SECTION 18, DISTRIBUTION OF BENEFITS; AMENDING SECTION 19, MISCELLANEOUS PROVI- SIONS; AMENDING SECTION 20, REPEAL OR TERMINATION OF SYSTEM; ANEE, ENDING 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 EFFE CTIV , DATE. E-2 1�hC4 ei+ 7-© z-1 & zzcl!�� "ej o7-0z-96 C C ge;)" R,eg. may. A A 07-02-9(o 96 cc CAB --..ate, CITY OF OKEECHOBEE CITY COUNCIL MEETING OFFICIAL AGENDA A. Call Meeting to order on July 2, 1996 B. Invocation offered by Reverand J.P. Ziegler; Pledge of Allegiance led by Mayor Kirk C. Mayor and Council Attendance. - Mayor James E. Kirk Councilmember Noel A. Chandler Councilmember Michael G. O'Connor Councilmember Robert Oliver Councilmember Dowling R. Watford, Jr. Staff Attendance: City Attorney Cook City Administrator Drago City Clerk Thomas Deputy Clerk Gamiotea D. Motion to dispense with the reading and approve the Summary of Council Action for the Regular Council Meeting of June 18, 1996, E. Motion to approve Warrant Register for May, 1996 in the amount of $300, 403, 82, REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA F. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION 1. a. Motion to read by title only Ordinance 690 - City Attorney (E-1) b. Motion to adopt Ordinance 690 c. Public Comment d. Vote on Motion 2. a. Motion to read by title only Ordinance 691 - City Attorney (E-2) b. Motion to adopt Ordinance 691 c. Public Comment d. Vote on Motion CLOSE PUBLIC HEARING G. NEW BUSINESS 1. Motion to approve advertising a 15% increase in the roll back property tax rate City Administrator 2. Discuss GLOTA Workshop - Councilman Watford ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based M E M O R A N D U M TO: MAYOR AND CITY COUNCIL DATE: JUNE 27, 1996 THRU: SUBJECT: CERTIFICATION THRU: JOHN J. DRAGO, CITY ADMINISTRATOR p FROM: BOB DELORME, FINANCE DIRECTOR T WAS RECENTLY NOTIFIED BY THE FLORIDA GOVERNMENT FINANCE OFFICERS 1 ASSOCIATION THAT I HAD SUCCESSFULLY COMPLETED THE REQUIREMENTS FOR CERTIFICATION AS A "CERTIFIED GOVERNMENT FINANCE OFFICER". A COPY OF THE CERTIFICATE ISSUED IS ATTACHED. A COPY OF THE CERTIFICATION HAS BEEN PROVIDED 70 THE PERSONNEL DEPARTMENT FOR INCLUSION IN MY PERSONNEL FILE. �'Certified Government Finance Officer Gex-�icate 4P 0030 is conferred upon %obelrt A4. Detorme, for demonstrating a high level of competence by successfully completing an examination and documenting professional and educational achievements prescribed by the Florida Government Finance Officers Association t j7 President U Certification Chair Certified Marc* 19,96 ORDINANCE NO. 690 AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE RESTATED CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST FUND AS ADOPTED BY ORDINANCE NO. 657; AMENDING THE DEFINITIONS OF "CREDITED SERVICE", "MEMBER", "POLICE OFFICER" 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 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 Police Officers' Pension Trust Fund, as adopted by Ordinance No. 657 of the City of Okeechobee, is amended by amending Section 1, DEFINITIONS by amending the definitions of "Credited Service", Member", "Police Officer" 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 Police Officer with Member contributions to—tlie Srtem when required, omitting intervening years or fractional parts of years when such Pollee OffiLe-r Member trtay not --fie was not employed by the City as a Police Officer. A I'eliee,-W eer Member may voluntarily leave his contribution in the Fund for a period of five (5) years after leaving the employ of the Police Department pending the possibility of being rehired reemployeds a Police Officer, aud--remaining-empleyed-€er a period ef-net-less-tlian-three (3) year; without losing credit for the time e€ aetive pa. tieipali. as a I eliee--Offieef that he was a Member of the System. If the Peliee-O freer Member does no -ram npleyed-€er Et peried e�tl}ree leyrnent who left the employ of the Police Department should not be reemployed as a Police Officer within five (5) years, then the Accumulated Contributions will be returned upon the his written request e-f-the-Member. The years or fractional parts of years that a Police Officer serves in the military service of the Armed Forces of the United States or the United States Merchant Marine, voluntarily or involuntarily, after separation from employment as a Police Officer with the City for the purpose of going on active dutX, shall be added to his years of Credited Service, for all purposes, including vesting, pursuant to conditions that are required or permitted under state and federal law, as amended from time to time, provided that the Police Officer must return to his employment as a Police Officer within one (1) year from the date of his military discharge or release from active service under honorable conditions. (exeept as ethefv,,ise-prehi , flainttuf-standards--€or 'At. The -rvliec Of«ccf :..t}st-reteni-e-�mplayfinent-aa-a--I2el eer „':tee City—A,'u t{}-6ne--+l-) yeaf exx cis -va* f 1,i .,,ilitaFy II T h eliee Ofc-vrfiee"epeaits int 3 the Fund the s me-sufn that MeEnbe weuld-have- ntribtit-d i ie-ha&-feiiiai, d Et Ponee-9f€ieer-,-plug a� aiftetiii}t �f it3teregtl3at�uhgttif}tiallyppr�}ii3ates the tp�ept�t�rtq-e£af�i�ed��l� theFund --Rini the date. of fe � date "I deposit Member means an actively employed Police Officer who fulfills the prescribed paftieipatiaii membership requirements. Benefit improvements which in the past, have been 2 provided for by amendments to the System adopted by City ordinance and any benefit improvements which might be made in the future shall api�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 provide to the contrary. Police Officer means an actively employed full-time person, employed by the City, including his initial probationary employment period, who is certified as a Police Officer as a condition of employment in accordance with the provisions of §943.4-41395, Florida Statutes, who is vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, traffic, or highway laws of the State of Florida. Salary means the total niendily compensation for services rendered to the City as a Police Officer reported on the Re ee--O€fieer's Member's W-2 form plus all tax deferred and tax exempt items of income. Conioensation in excess of the limitations set forth ill Section 401(a)(17) of die 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. 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 SECTION 2. That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, as adopted by Ordinance No. 657 of the City of Okeechobee, is amended by amending Section 2, MEMBERSHIP, to read as follows: 3 SECTION 2. MEMBERSHIP. 1. Conditions of Eligibility,. A. All Police Officers as of dhe Effective Date, and all future new Police Officers, shall become Members of this System as a condition of employment. B. All future new Police Officers shall be required to complete a medical examination as prescribed by die City. Based-open—medieal-evidenee of a pre-eg g advef Se, th eendiden-,--resnitini a -fie fwe-seed e cinatiert f-ether-reeerds--eie x tee die $earl may-deehff-e afiy-Membe. ineligible for-disabi-kt��enef t-,Aereunde, as elated t sttehre- existing -eenditlen—Eaeh-deelamtiett--s"gTbe—e€eeted4n-the miff tes e€-the--meeting-ef die-F3eard---at-whieh-stteh deelaratien-was formally-ad©pted-ar-establiahed-by-die-Beard 2. Membership. Each Police Officer shall complete a form prescribed by die Board providing for the A. nditietts ef-the-tem; aim B- Ddesignation of a Beneficiary or Beneficiaries; -and ,. swe�tateme 1, as to prier- tnedieal a��al-histefy- 3. Change in Designation of Beneficiary,. A Member may from time to time change his designated Beneficiary by written notice to die Board upon forms provided by die 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 Police Officers' Pension Trust Fund, as adopted by Ordinance No. 657 of the City of Okeechobee, is amended by amending Section 3, BOARD OF TRUSTEES, subsections 5.14. and 5.I., to read as follows: 4 H. To have performed actuarial studies and at least -Biennial 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 speei€ied4n-tlii5--erdinarfee required to prudently administer the System SECTION 4. That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, as adopted by Ordinance No. 657 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 guaranteed 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 peeled commingled fund administered by a state or national bank, then the rating or ranking of each issue in the peeled commingled fund shall hold a rating or ranking within the top three (3) rating classifications of a major rating service and no foreign investments shall be permitted in the peeled commingled fund or otherwise. SECTION 5. That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, as adopted by Ordinance No. 657 of the City of Okeechobee, is amended by amending 5 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 1}is-retirement date 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 three percent Q %) of Average Final Compensation, for each year of Credited Service. SECTION 6. That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, as adopted by Ordinance No. 657 of the City of Okeechobee, is amended by amending Section 8, DISABILITY, to read as follows: SECTION 8. DISABILITY. 1. Disability Benefits Qn-In-Line-of Duty. Raeh-Reftee-O€fiteef w4io4s-=t-Nlefnber-tn-the-System-acid Any Member who shall have become totally and permanently disabled while-atr-aetive—Membei—L,f-- the Okeechobee Peliee-Department 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, which disability was directly caused by the performance of his duty as a Police Officer, 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, but in any event, the minimum amount paid to the Member shall be forty-two percent (42%) of the Average Final Compensation of the Member. 2. In -Line of Duty Presumptions. A. Presumption. Any condition or impairment of health of a Peliee O€€ieer Member caused by tuberett4e9i9, hypertension or heart disease 0 shall be presumed to have been suffered in line of duty unless the con- trary is shown by competent evidence, provided that such Police Officer shall have successfully passed a physical examination upon entering into such service, including cardiogram, which examination 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 disability insurance. B. Additional Presumption. The presumption provided for in this subpara- graph B. shall apply only to those conditions described in this subpara- graph B. that are diagnosed on or after January 1, 1996. LD Definitions As used in this subsection 2.B., the following definitions apply: O "Body fluids" means blood and body fluids containing visible blood and other body fluids to which universal precautions for prevention of occupational transmission of blood -borne pathogens, as established by the Centers for 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 enforce- ment officer, or correctional officer who in the course 7 of employment runs a high risk of occupational exposure to hepatitis meningococcal meningitis or tuberculosis and who is not employed elsewhere in a similar capacit 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. O "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. "High risk of occupational exposure" means that risk that is incurred because a person subject to the provisions of this subsection in perfonninQ the basic duties associated with his employment: i. Provides emergency medical treatment ina 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 instru- ments exposed to body fluids; 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. Le� "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. Presumption An, emergency mergency rescue or public safety Member who suffers a condition or impairmentof 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, verify 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 meninjzococcal _ineninQitis or known to be an asymptomatic carrier of the disease 2b . 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 Immunization. Whenever any -standard, medically recognized vaccine or other form of immunization or prophylaxis exists for the prevention of a communicable disease for which apresump- tion is granted under this section, if medically indicated in the given circumstances pursuant to immunization policies estab- lished 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. 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 ME 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. M Required medical tests; preemployment physical. In order to be entitled to the presumption provided by this section: LaA 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 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. fU 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, 23. Disability_ Benefits Gf -Not-in-Line of Duty. ber-in-the-�ste-m Any Member with five (5) years or more Credited Service who shall have 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, which disability is not directly caused by the performance of his duties as a Police Officer shall, upon establishing 11 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, but in any event, the minimum amount paid to the Member shall be twenty-five percent (25 %) of his Average Final Compensation. 34. Conditions Disqualifying Disability Benefits. Each Eeliee Offreer Member 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 Police Officer 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 Peliee—O€fieer Member while working for anyone other than the City and arising out of such employment. H. A condition pre-existing the Police Officer'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, 12 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. 45. Physical Examination Requirement. A Peliee-O€freer 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 Peliee--O€freer 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 Police Officer, the Board shall recommend to the City that the Retiree be returned to performance of duty as a Police Officer, 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, Men -fiber he shall forfeit the right to his pension. The cost of the physical examination and/or re-examination of the Peliee Offreer- Member claiming andfor the Retiree receiving disability benefits shall be borne by the Fund. All other reasonable costs as determined by the Board incident to the physical 13 examination, such as, but not limited to, transportation, meals and hotel accommodations, shall be borne by the Fund. If the Pol ee-9€€ree-F Retiree recovers from disability and reenters the service of the City as a Police Officer, 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 heEee Of Zees- Retiree fails to reenter the service of the City as a Police Officer within thirty (30) days from the date the Board determines that the Retiree is no longer permanently and totally disabled to the extent that tie is unable to render useful and efficient service as a Police Officer, die Member -Is Retiree'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 Police Officer. The Board shall have the power and authority to make the final decisions regarding all disability claims. 56. Disability Payments. The monthly benefit to which a Member is entitled in the event of the Member's disability retirement shall be payable on die 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 Reliee Offieef 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 Peliee-offieer Retiree dies without recovering from disability or attains his normal retirement date while still disabled, the payment due 14 next preceding his death or the 120th monthly payment, whichever is later. 67. 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 die Member's fined average monthly Salmi 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 Sftlafy 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 Police Officers' Pension Trust Fund, as adopted by Ordinance No. 657 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 Police Department, either voluntarily or by discharge, and is not eligible for any other benefits under this System, the 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 that is the Aetuarial tire.Y,ent ineerne—ether-wise ,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 15 payable to him commencing at the Member's otherwise normal or early retirement date, provided he does not elect to withdraw his Accumulated Contributions and provided the Member survives to his normal or early retirement date. If the Member does not withdraw his Accumulated Contributions and does not survive to his otherwise normal or early retirement date, his designated Beneficiary shall be entitled to a benefit as provided herein for a deceased Member, vested or eligible for Retirement under Pre -Retirement Death. 3. Any Peliee O€fieer vested 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 termination 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 Police Officers' Pension Trust Fund, as adopted by Ordinance No. 657 of the City of Okeechobee, is amended by amending Section 10, OPTIONAL FORMS OF BENEFITS, subsection l.A, to read as follows: A. A retirement income of a modified monthly amount, payable to the Pelee—Of€ieer Member during the lifetime of the Peliee 0 eer Member and following the death of the Peliee Offs , . 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 fifthpercent (50%) of the total present value of payments to the Retiree and his joint pensioner. 16 SECTION 9. That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, as adopted by Ordinance No. 657 of the City of Okeechobee, is amended by amending Section 12, CLAIMS PROCEDURES, to read as follows: SECTION 12. CLAIMS PROCEDURES. Tr: Tire Beard of T u�t£e9 9h&1Y-t,�Biit fii�-iRiizarheFriing'-upeff-feeeipt of �vr. n request"Claim ), onnTiatters-whieh a eel the -sub -stoma Tights e€-arty-pers©n--{-�Gainent!-' "e4uding-4emberJ,aetive-or-retired-, Rene€ieiar}es; er-a��y perseri affeet�eeisiee ef-t7 d-e€ Tf stew-. B. The-Reafd-shall-re-eie -the Clam t ate it}itit�l��ea it?rg-Ltd-et}ter-ate order-%vithirrsi-,tH60)-days4r-ern-4heAate-ef-reeeipt of the Clain -and-, the -ease ef a hi ty elnn eei tterr medieal release audieriza6eri--in-ft--f©r n-appr-o e y-the-Reerd Atterney- f-interregateries-grepared�y to and pfevided to the C ant. Tl E)afd extend die 6. e-€ef eri a! hearing-€ef an adder days-ff - "eteffnines-9ueh4ime---is- neeessafy-€vr- t j'uH dis-eer'em— -- adequate-re few. The Beard -Attefney and -the C-laim_.t-may-stipe1a4e t r;. fthe f eXtensie ;s e€---time. G. it si lfi> H be the-ftineti•en of Ehe-Be s pfeeeduie—to assist the Bear iirrr e d evidenee - in erdef! te ssufe iat the Beafd feeeivesed! e1,,yant Beard's D . The Claimant shall ll have the -fight to be fepresented-bby eounsel at any ugiieut the elaims preeedure. 17 A. At- the -initiaHiett g-,-he-eri}y--evidenee4e-tie-eensidei-ed-by die Beald shall tttrtentary-evidenee-eontained-in-die-pensie"le, inel rig fit-net-�in�etfespendenee toted'teal-reearAd L I ... s-of tfea4inglltysietaes--�e.�icing-plrysie{tins-att-,e ieeeived pufsuant"aragraph-1, B.---Otque-sdens4f-en-t-tlte-T-fustees, n ei € additional evidenee-at-die-initial-heg, exeept- hat the-11a;iT nt ur ]I�rvr ills-iepfesen e e €tee .notes i- make a-presentatien,whieh-ahail be iitttited-te-eenunents- tdfef-afgaments as-to-th evidenee-er-ir nia6err--aifeady-eentain e pensien-€4e inelading-43e--epeet- € i hysieiart- G. Upon eem e v iew-vrf-tiie Elam -at ie-initial healing, the $eat-d-sltall- ei�te�-an-erde�settir�-€er�#3-itg-�rndirtgs-arid-eenelttsiens--ert the Ciffi 3—"Flee tten efder-slte-premed d to •he G TI c:cz-cv-Irlc— c ruilizzzi rr. —nee erdefshall-inelttde: (j*--- he-speei€€tndings-attd-eertelttsiens-e€-tlte-B©ard; inelttdieg speeifie--re€erenees--te7-pertinent ro,,,tsiens-e€-the--Sy-sten3-en wBell saeh-eenelttsiens ffe based; of- fnatefi of information diezeasens why suel} material of infeffna nat} n of the -fight die n—afQic-e lifnit in ,N,hieh a ftfil—heftfing must be fequested in b' ate- ie-deeision of the -te=- die -anie4ms�ired-Ee-fegeest-a ll-liettrfeg-er;-i€-a--€uU4ieafing ig-fequeste—, Hii akes-"eeisio eeeneiasien vzf-the €ulHieafing- Full by lai7r,n��L �,��y egeest a €t l3e�t g of eissues-pre sented-te Elie $eafd-at an-iniEi lies i tg--t��efr �av#iiefi-Elie--Roard ma eilefed-an of,der -£2s 3 ero P ded4n-subseetien-2. C—.-abe'de. $ . n ftill as i s m,at-be-zegeestedby-the £! E- 9) dRys of die-feeeipt of El}e $eafd-9-efdef . The efdef will be dee I� feeeived IIfee (3)-daya-€skewing the date it is fn-..e-d to Claimant at th addfes,�evided to the fd-yy--Gai-mart Qpeif--feeeipt-ewe-request--€ef-a- iil 4ieftfing-and eenside tng-Elie aeieunE-e�seevefy-- Biel}--might--be-eendbete"—Elie-$eafd-slid Claimant. The full heafing shall be held wi .-1. 1.1 1. E}ie-feeeipE-e€ Elie fegn�;�30��r B is=e=ribef- The -€ell heafing-niay- pesEpened, tnne,essafy-and-NiE--dieeense €ttll-d iseavefy-e€-Elie-€aeEs- D. r�apk , f al a�eufnenEs e lee€€efed4nte-evil ��---�Vpi�� vi uu uv � r' i 0 ' Sr' i •'� i i i' i i i� i• :• i' i i: i :• i• Sr i i '• i i • i- i r i•"r� 0'• w' IMAIAll0 0 •' i i 3• �r i i� i • �• i� • •� i ' i i i • 3' i � mom i 19 and/ef if}teffogfttefies-pnoff to die fufl4ieffiii y eI ffie iJVLl1d-AItefney-,-di fippear-anee of witnesses at the hea- i`lg-,--and t�3e- ffg -e€ ft-vets-feeerc-o€-�e-�eeeedi�}gs-s3a�e-fie fegpensibihty---&"ie-Elatifnant:- a tie- ie-afing--T#ie--Boat --s ta4", iewever; ii"e-die-pevvef-te-subpeefia and- requif"+e- Otte{ danee e€ witnesses and-die-pr eats-€e � seeve�� p of-te ftt}fit tine preeee ings pFe i� a of tefein T}e-Cla mant-may-reques�in-wf-iting-die4sstffu3ee of subpeena5-by- ie- DBeEff—zr-fcizsoiizcv subpoenas ilet4$ exeee-ii�"ic- ccs �e4t- vrir�'rrr"rrzefif��tati3teg: epert}rig-gr-e}es�ng-s tateriien�: s.� •.s : ..::.: 20 j. Any-fflewb}gly-gives-€fdse-testifne y-is-geilty-of-&-ffii-sde- iiieaner-ef--Elie-trst-degree; pitnishfible-its-previded4n-Seetien-,'L7-5-:9g2 K. o varieas rned}ea eperE� t#�erei�3; is-$art-e€ tl�e reee�d-be€er�the Beard--at4he e�eegE-a�-prflvided-by-laves-s �e-�e�b�=-se�tg-to-sl�e� entiEl�n���-Ee-srrel�k�er��ts- N. hi eases eeneerning--ternaieie pensien benet-�ts-nelttjg--re- e an}inaEief3-e€-A4e tbers-reee ng-disability+-ret}re benefits, LUMMMIMMUM need a fevefbad -e€-Elie-preeeetiijgg grad- r}} Ei3at ft 8eeedlfig--ii--made. Ti-r�'Te- Iaimant-f-eqt3esting rjsibie- r�erter--ems e*L �r �i�rir�=lg--a--reeerd-e�-Elie-pr'�eeed-trigs--be€ere-Ekte $eafd . 21 The deeig..e..s of die Beftf-4-after ie-requested-€itl"effF}ng-s I be final and+indfftb R.Within fifteen a deeisier3-a g;-Ehe Beard shall-emef-ft-final erder--setfint-€gird-tots- indi }ens attd-a--eep�--e€-the-er4e"tal-�-b av}ded-t"ie- Claimant-. S. tidi ia- -reyie e€ ee s}efi3s�€ the }3eftrd s��a}l }ie se{tg�}t-hy tl e € rtg e€-a-tithe}y-�etitie -€er r s e€ eerti©rat ltl"he-Clerk of try C}reuit Eetrrt; it3--the-���re}�i`tttEe--eet�rtt�- A. }tom }ice=nzt slat}€-�res��o:�r-t��e-heating-attc-sh�l-rile-et} a}} 9eedural, 9 ief legal -gttegt}9it94hat-afire-dtHifig-the hearing. The ' hall -stand -ttttless evened-hY--a}} et} sef3t }te-C-hai ttttft-stag"penAie-€t}}"e ttg-b-y e--.,ephtifring-tkt"feeedtrres-te-be-€e}}e�ved- • • • • • • • •_• • S • S __ ___.___...E .���.��.�_ \ fAflt•t•N•t\�a)tfattt•atf•t•'��s.•\ ��e� il�i�si t�_��.���yjR..a�•�•����a......-•�.��.�. .�r.ir:�iur:• iriatt•i�Li strrfiri •rseair•�•►\so�'i itiwi� G. Thp C-}aifftaftt-sha}}-be-allet-te t 0 iIISNRSMMi • i' i i • i •� i 0 i 0 • 0 i i:•iW—OAMAn. RMUIT'N.M.- MIMI.A 1 7•• :•� i 0 i• i •• .••� 7t' i ��r3••iir3•i\t�=ArL.•iwi:�•re•ai i ' i • • :• i 22 F . ziffief-the-Gaim n"f-the-Bea- Attu i3ey-shall--have the—i 1A--Ee 3Ce9eRt evil n2c^-ielevant-toAie-issue9,-te eross examine-wi[fie99e9-,4e fifteen !1 Sl fn tes- The--Boafd-sliall delibeiate an A Make d- i iert-€ell-ewing-elesitg afgttinent�nd-�#3e�ear€tee-et}Eer-�3-ei�et-�s-��e�i�ed--€te>•ei-t3- sue}3 �� �ie$E ef�g � i y-fie jtav -fey-ate-�3e t�- prate-the-Gig=i ant--with-a-set-e€- nteffegaEeiies eF quesfifett"o-be an-awefed--ttedef eadi--and--a-mediealfelease-autltefi,-�,ation. --Bent deeumer's7�ill be completed-by-die-Gaifn :n and-fLturTied-te die -Beard Attofne)- ffem 23 e:dining-physieian-whe-will-be-aslFed-te--rendef an-epimen-ab-out LtYtiii}&fit�9-pliy ettY tend r; �., *_ 1 t r th 1 d di ability -reift�cTcv"czcii ziiuincu-criJziv'�"y apart---reeerpt-of-the- IME-4fef n-the--exrtminii}g--pl 9aff-d Atterrtey-will--previde-fill-reeerds-- f--treati-ng-phy-sieians — relevant ' pendent-rnedieal 0icriTiientpensfttien-el&i#is-ree9fQ3� aie—ind@ evftltratia� '=�Al a e artt doer-menu-te tl en in4he-per,sien file and die Beard shttlf then-sehedule-flie4nifial-#tea ng- 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 an -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 proceeding's 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 Police Officers' Pension Trust Fund, as adopted by Ordinance No. 657 of the City of Okeechobee, is amended by amending Section 13, REPORTS TO DEPARTMENT OF INSURANCE, to read as follows: SECTION 13. REPORTS TO DEP",T.AILENT OF INSURANCE D"10N OF 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 Munieipxtity- City is in compliance with the provisions of Chapter 185, Florida Statutes. 24 2. A certified statement of accounting for the most recent fiscal year of the Munieipality City (or an independent audit by a certified public accountant if required by the Department of Insurance 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 Police Officers on the force of the Munieipality City, the number included in the System, the number of Police Officers ineligi- ble, classified according to the reasons for their being ineligible, and the number of disabled and retifed Police Off eef!s 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 Munieipality City has contributed to the Fund for the preceding plan year, and the amount the Munieipalityy it will contribute to [lie 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 vftluafirtg valuing retirement benefits. 6. The actuarial valuation of the System as provided for in Section 3. Such valuation shall be prepared by an enrolled actuary who is enrolled under Subtitle C of Title 3 of the Employee Retirement Income Security Act of 1974 and who is a member of the Society of Actuaries or the American Academy of Actuaries. SECTION 11. That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, as adopted by Ordinance No. 657 of the City of Okeechobee, is amended by amending Section 16, MAXIMUM PENSION, subsection 9.B., to read as follows: 25 B. No Member of the System 6,he ig-net}ems-Member of suelr-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 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 Police Officers' Pension Trust Fund, as adopted by Ordinance No. 657 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 Police Officers' Pension Trust Fund, as adopted by Ordinance No. 657 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, issue dependent 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, sue-er-dependent dies before the distribution to the Spouse; issue eF dependent begins, this Section shall be applied as if the Spouse, issue er -dependent were the Member. SECTION 14. That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, as adopted by Ordinance No. 657 of the City of Okeechobee, is amended by amending Section 19, MISCELLANEOUS PROVISIONS, to read as follows: 26 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 Retirees and Members and their Spouses or Beneficiaries, sliall any part of the corpus or income of the Fund be used for or diverted to any purpose other than for their exclusive benefit. _s_ ARE -- - - - of .t the event }� t it b .. n n�i�7-ilic cZtj�-to diseentinue the uIaLZL I�L/VillllliJ lll.l.l+JJ4 ie &-ljr9�99ed f ate-Bf-i rirri7luti9n &nfl liquidate the Fend, in uee-danee-wte-applleable-fequiftefnentff-e€ theIr: i;ICZ i��s-6� 8ffeeted-M£rT}�efs �-j8ink eiwies-'&i} � f'di�peases to be efiv -&eei ed -te the in&t16i2 $r-dis ni nuftnee to the ext—ent-'then ftmded— shall —become fully--ye9ted-- tnd—nen ef�-- fektab—ftnd--up,&n f 9eEHfr£nee e. sueh--L, 2e 9 ftlique"iafe-ef the assag then fefii&ii}ifig-3i3 tib'z ui�a-3liQll be fill$eftte� ftiIl@Hg the ei bf'r9-f2i3"iL4 Bene-fteiftfies anministefed-anttted-at-Selt tillce vr-uri�u� tt isle e ref}fd-. pp p - :• i : .: : L' WA i : i ::' i • i : : • •: :' ••'� 27 VtNZIi' w i• i• i �� i �•i� ��i� G.--_;-rirftyn items d l serei36fl b rve - of fee£-i8-tle-�rei93$, ��-c e fore iase-a"nneities-,by-een i_ ing-f}ie-�nd-i+t-e,(-t4enee-tend mak-itig-prov}siens-fiiereunder-for-pension bene€rts, -er-key-- m*-tediat"istribtitien-fr-em-t#ie-Ft—if-d3e-essets fide-€atnc��tpp#eabie-to-afi}y-asset- distribution -prio> icy-etttegery- are i fi�st� f�eienE-te-pr�v-ide--fo i #- bene €tts-f er-a# 1-#�e�sens-in-- st�eh-g reap ;-t}ie benefits—etb it—persons--�ha}#—oc—r edt�ee� prOpert�e>3ate -e eept-asp;�a�+-etf}er�vir�be-speeifiy fegu#atiofis if thefe is Men�bere�-}Dint-anntri tnts�ene€}eiaries-tend-surviving-speusc are met, A r ItLIZICeN1Zitt 'evert-te ttie- -it za]eulate Z the -all -the-Fund- rrc-ae e &&lone —wi it -the -asset dtstrtbt�t}on-pr}er�ty-eategery-; and-eerttfy-bts-ett#et}#at}ens-te-the-$card- Ne-figtndat}efi3-ef-�rssets-a�}d-pa }�firtefi�t-e� be ne€•fits-{ems-prov fisfiet�here- €ore) sh^1fe{nft}ly b fie Bear fi3ti aft��rzt ?s ail filed by t#�e t�+-fin-v�rit n� hat app}reable re$t}firement9;-ni€ any, f the Aet gever- 11 siefit-$enema r Plans" have been-, er-are being-, -eemplieil-with er that apprepriate-t dle ti Ong, waivef sT men , ef afe b4 ,b, _ebtained. 32. 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. Qualification 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 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 Police Officers' Pension Trust Fund, as adopted by Ordinance No. 657 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 fetir d- oIIoc O€€reer 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) 1?eliee ffieef Member, and each Peliee-O€fieef 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, bns assuffq)tio„s in-ase ef- pttrpeses e-4ie-ni43t-feeent-�fiaI valuatien-, provided that, if such asset value be less than the aggregate of such amounts, such amounts shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such asset value. WE B. If there be any asset value remaining after the apportionment under paragraph A, apportionment shall next be made in respect of each Peliee Offieee Member in the service of the City on such date who h" eenipleted-at 1 edited-Serviee is vested and who is not entitled to an apportionment under paragraph A, in the amount required to provide the Actuarial Equivalent; na-o�,,-�ed in " above, of the vested portion of the accrued normal retirement benefit ftt not less than Accumulated Contributions), based on the Credited Service and Average mentl}ty--earr}ings 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 die amount required to provide said Actuarial Equivalent of the vested portion of the accrued normal retirement benefit wit not less than Accumulated Contributions), provided that, if such remaining asset value be less than die aggregate of the amounts apportioned hereunder, such latter amounts shall be proportionately reduced so that die aggregate of such reduced amounts will be equal to such remaining asset value. C. D. If there be any asset value remaining after die apportionments under paragraphs A, B, and C, apportionment shall lastly be made in respect of each Peliee Offteer Member included in paragraph C above to the extent of the Actuarial Equivalent --de sgeibed-i �- , of the non -vested accrued normal retirement benefit, less the amount apportioned in paragraph C, based on the Credited Service and Average mewl Final Compensation as of such date, provided that, if such remaining asset value be less than the aggregate of the amounts all apportioned hereunder, such amounts shall be reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value. SECTION 16. That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, as adopted by Ordinance No. 657 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 and person herete€ere 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: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION Is: 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 19: That this Ordinance shall become effective upon adoption. 31 hitroduced on first reading and set for public hearing this day of 1996. James E. Kirk,Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk Passed on second reading after public hearing this day of 1996. ATTEST: Bonnie S. Thomas, CMC, City eI r—r .;btu •z3-v6p.-d WN James E . Kirk,Mayor E - 2 ORDINANCE NO. 691 AN ORDINANCE OF THE CITY OF OI�ECHOBEE AMENDING THE, CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS' PENSION TRUST FUND, AS ADOPTED BY ORDINANCE 656 OFTHE, CITY OF OIC_EECHOBEE; 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 1.7, COMMENCEMENT OF BENEFITS; AMENDING SECTION 18, DISTRIBUTION OF BENEFITS; AMENDING SECTION 19, MISCELLANEOUS PROVI- SIONS; 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 HERENVITI`H AND PROVIDING AN EFFE CTIVE 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 die 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 te- ie-spstefn when required, omitting intervening years or fractional parts of years when such F4ef}ghter Member meet -he was not employed by the City as a Firefi.,liter. A Firefighter Member may voluntarily leave his contribution in die Fund for a period of five (5) years after leaving the employ of die Fire Department pending the possibility of being rel}ired reemployed as a Firefighter, and remain- ing employed for a period of not less than three (3) years, without losing credit for the time e€-aeti�ae—part}eipatielr-�I��I ire€rgltter that lie was a Member of the System. If the F fe€rg Aer 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 the his written request e€-the Member. 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 Firefi 1iter repays into the Fund the contributions he has withdrawn with interest within 90 days after his reemployment. lie--�`c%a�-vi rfketi0t2$1'�&i't9-6f-j'ef3r�-'u t �' �'b!'r"-r—Scr'df',`��i3-�3e-i�2ilitfti�-Sef'1�tee e€ the AfmA Fefees e he -united -testes er the I3itited t&tes Merehant Marir3e; velttrft$ril ef i elun eparatien- a Firefighter -with- ie_-Gadded to ttll-be ses; irteludirtg-�restiegreided-that (exeept-as etl ise-prohibited y-laws in- *"-2' ase-the-nri rin3t�rn stern sllftll�ply)­ 'At——Theel ghteF-t }test return to lrig-eirtple nE a9 a Fi-refightef -,vilh th Eity within ene-O)-yea - fremd}e date -ef— = l=t Y-di-seharge- B. The fighter-depeS +ha A i fflb e jCJ-"I t]�CT�[2}�UIIII-CIIL J(Ilil�l3l�l I--AIZIC l�ll.fi?Ue�-'w eentrib * a if he "EtU refflLiired-a-y4refigh,tef--p}+ f �r}teiest-th8t sub em- die-date-e€ fnihtei�4ee--shed! be five k5yyeafs, 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 bye ordinance, and any benefit improvements which might be made in die future shall apply prospectively and shall not amply 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 die 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 die System. Sam means the basic compensation paid by the City to a Member, plus all tax deferred and tax exempt items 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 die 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. ME, NIBERSIRP. 1. Conditions of Eli ibility. 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. ertee - 3 - examination of-ether-reeerds-e�ieaHiistery tl3e Beamay eelare anMe�iiher-i�3eligible-€er rlisabilitenefrts-heretrnder� as related-te sueh-pre-existing-eenditien: £Ea4"ee4aratier} slmll-be-re€leete T-in-the m:mites-ef 4he--meeting-ef--the-Beafd-nt-whieli-sueh-deelar-a6on- was €ermafly-adopted-ems established--1}yA>e-Bear-d--. 2. Membership. Each Firefighter shall complete a form prescribed by the Board providing the - - - - --- -_ -_---Ile-__- - $. Ddesignation of a Beneficiary or Beneficiaries and;,. C—t,swern-statement-ague-prier nietlTeal-aed psyeheleb eal I tery: 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 5.11. and S.I., to read as follows: H. To have performed actuarial studies and at least bier 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 speeif e 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 -4- 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 guaranteed by a corporation organized under the laws of the United States, any state or organized territory of the United States, or die 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 uivestinents are made in a pealed commingled fund administered by a state or national bank, then the rating or ranking of each issue in the peeled commin led fund shall hold a rating or ranking widen the top three (3) rating classifications of a major rating service and no foreign investinents shall be permitted in the peeled commingled fund, or otherwise. SECTION 5: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of die 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 date and be continued thereafter during Member's lifetime, ceasing upon death, but with one hundred twenty (120) monthly payments guaranteed in any event. The - 5 - monthly retirement benefit shall equal two and seven tenths percent (2.7 %) of Average Final Compensation, 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 Qn- In -Line of Duty. Eaeh--Fif-e€ightef whe-is-a Any Member irt--the-System -end who shall have become totally and permanently disabled -tile an etive Me beo the Okeeehebee Fire Depaftment 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 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. 2. In -Line of Duty Presumptions. A Presumption. Any condition or impairment of health of a Frei bhter Member caused by tuberettlesis, 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 examination 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 disability insurance. B. Additional Presumption. The presumption provided for in this subpara- graph B. sliall apply only to those conditions described in this subpara- graph B. that are diagnosed on or after January 1, 1996, M 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 body fluids to which universal precautions for prevention of occupational transmission of blood -borne pathogens as established by the Centers for Disease Control, apply. For purposes of potential transmission of mening_ococcal 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 emploved full time by the City as a firefighter paramedic emergency medical technician law enforce- ment 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 personemploved by a subsidiary thereof. -7- O "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. M "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 witli his employ nY gent: 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 instni- ments exposed to body fluids; Engages in the pursuit appreliension 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. - 8 - (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. 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, verify _by written declaration that, to the best of his knowledge and belief: O 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. bb) 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. D 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 presumlh tion isFranted under this section, if medically indicated in the given circumstances pursuant to immunization policies estab- lished by the AdvisorCommittee 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 die 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. 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. ffj Required medical tests, preemployment physical. In order to he entitled to the presumption provided by this section: I An emergency rescue or public safety Member must, prior to diagnosis have undergone standard medically acceptable tests for evidence of the communicable disease IKIN for which the presumption is sought, or evidence of medical conditions derived therefrom, which tests fail to indicate die 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 applyin the case of meningococcal meningitis. bbJ 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. 21. Disability Benefits O€€- Not -in -Line of Duty. 13tef whe-is-a Any Member in-the-gymem with five (5) or more years of Credited Service who shall have 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 is not directly caused by the performance 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 die same manner as for early retirement as set forth in Section 6, subsection 4B, providing for an actuarial reduction. 34. Conditions Disqualifying 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. man 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. 45. Physical Examination Requirement. A Fier 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 -12- not select the Member's treating physician or surgeon for this purpose except in an unusual case where die Board determines that it would be reasonable and prudent to do so, Any Fire€g-hter 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 tie 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 tie event the Retiree so ordered to return shall refuse to comply with the order within thirty (30) days from the issuance thereof, Mernber shall forfeit the right to his pension. The cost of the physical examination and/or re-examination of the Firefighter Member claiming anEUor 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 Fife€hghter 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 die date the Board determined that he was permanently - 13 - 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. S 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 Firefighter 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 Firefigl}ter 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. 67. 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 firial average monthly S 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 Salfffy 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, -14- 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 die 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 die Fund. 2. If die Member has ten (10) or more years of Credited Service upon termination, the Member shall be entitled to a monthly retirement benefit that is Aettftfial Equivalent nt of sueh fe6xement-ineeme-ethefwise . 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 Fifefghter vested 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 termination 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 retirements 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. -15- 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 E3re€igkt Member during the lifetime of the Fife-fightff Member and following the death of the Fife€rghter 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 die Retiree shall not be less than fifes percent 150 %) of die total present value of payments to the Retiree and his joint pensioner. SECTION 9: That dle 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. 7 G f A F� ted Pefsens r. �gp�ppp�p� A . The Beafd f T steel ^ &H-gfrant- ir-airitia"eafing-upon re "Yt ef ef my per -son , MGQII"TIII , , Ben , T rdstees. n. The B hEdi-ieN,ie'ii- the Claim at an h�wua� cu.0 :•,t -16- entefing- tie-efder t anini6alAiefaing-€e>•--ar--additienaI f"- five -(45 eel -time- ig-neeessary- €ef full a •see..efy-and ate. ate evie= zhe-Beard At }e -lafnlffl* nifty-silfe Cit gliall-be-the-€ueetion e -die-Beffl-A-Atterne�tlif!ougheet-the--eI preeedtif� to * •he u a in-&Rd-pfesentatien e€ L; Zv-iI Jj1JC'�II�L ��,�a-TI�AT ei�ldet2ee-in -eider —to agstrre—Mat--t�2e�eafd-feeeives- all relevant irt€eriria pfief to the Beafd's D. Tie Claimant -shall have die fight -to berepresentedby-eetiflsel Fit- any of es-difoughou die-elaiies--preeed rre InitiEd A. At ffi : itial heafiixg, the enly-evideflee to be-eeftsidefed by the Bead entaieed-it die pen.gion file, ineludifig but net-,: itited- to, eeffetxmdenee r ed " "ds-afld--feperts of treat4i-g--phy-siei is an and —evidence 2zcrTcd ptifstfit-te pai`agfapli-B: B. r 1, T l l b tieSt36i19--�frnii-urc z-rci9t#.'eg� t�}cz'c�vF`ia-ve no "':-Zmci .0 .:.. : • w : :r• - 17 - �1L die Claim—zz —wh- r'-s i� itenendepreved-4"ie--C-� r. ram e FA_--_ -5.- • .s. MU.\:1. �1.1\ i�:l:�: \:. a.w1\isw=:.�S:Li�►1:1 w (2)--7A-deser}ptien-a�dditi—ona - mated-er-tn€effnatiert theme •:- :. .•: ♦ — .S. f� .i.. the-6me- liit4r3-whieh-a--€ttl"3earing-must-be-fegeested--in •minT.fi� -18- establish a to-€er- he -full lieaf-ice -lays ffem the-feeeipt-e€-he re t-%rem-#l}e-Member. . -Z The e postponed, i.. fle-e-e-9-9-affy and }e-ee , D. Copies -of Ed! daeumef3 to evide iee at the uii h---* g-, ineluding-depesitieT mp#ete tress -list-w t# arr3es- �� BeEtfd4jf4he-Gaimaetatddie-Bewd-Attefney--at least twenty (29) days ...&F- tame-€till-heafin—Beetimeats-net-€ufniffhed-te the -Beard -within the-ffesefibed ee-et-Me-full hea6ff j€-a-Feaseaable-explaeatien--is-trot-provided fof the delay� pfevidi t}g-tlie-deeuments E. Tr-crA !`1iuiir%urrr-v the d A+tefney'-fflwf- itt�i9 ebtaee'v`ef=y lay' d pes-luen � e,nd/efLp�T�vrLCTIIIG}egg--�Y-IYtLLI1ZIOIIL�ViiY2 deposit}ens and/of intetregateFies,- and the Claimant. F. The eests ef ery-7fegnested- by the Boatel eF-the BeerFd-� , responsibility f4he-Ga aet- G. The Claimant shuii be fespensible F the ftppeaFanee--e -any-wtteesses - 19 - efrfd. A-fefrseT.n' m..ay be ehEffged fef-t he issuanee of a" su4peenas-nett exeeedie -fees -set4-arth in -Florida -Statutes. H-"fee e-€tll--heap t3g-s ty-be-seb tt d rube I"-r r-ems-A ditivfi—Sifter it will give the time for fev ew and eensi&ffrtie.1 '-he Beard pfefei"at—�eny--be--subniitted--by �epesitiei3—�e�3A9it3ei39-tffi3e}�- 9t3frrrtte ee8f!d be of rc nii x�ic�ztif�l at the full 1,ea_firi I the I-i f`--�$�t the f�rfullhe--*.,,-fferlided hewevef, that this , ees •,�elttde i. L-Felevant and unduly titieus-eviuenee shall be ., el,,,lo,l_ j. Any pefsee kne-wingly gives -false -tesmisde- meanef-e€-t#e fstlegfee, ,UnHllable-a"rov�ed4 c etien 775.0 ef 775.083, ler'a St t„te ifiedieal fepE)fts thefein, is paft ef the feeefd befare the >a,,afd .,t the ftAl-heai'ifig- e eef eted4fj--pttblie- on , ineluding ufde n-of pfee, entitlement to sueh benefits-.- examiffla of Me.m.befJ-feeeivif}g disabili'"tifement benefits, t re- fi the $eftfd- -20- � � i i ' i' i •' :• i i i i i i' i � � � • i••� i• i :• i � i � i � i : i i fflvf-&ejsjen--fie e Beard, e-fed at ti 1. ,. ;.," 1 full he need a—=eeefd-of-4he—preeeedtings Qfl u •ram- that u -Yerbaaaaa-���-tc-preeeedtng-ts--made--�e-Glfimant--c'e"es it�g ae-intEitt--er-4U41---heannt will -be-res�e bye- €er- eh �t eg-� -eet g-a-reeerd--e�reeeediegs-be=oT� ae Beard-: Q. The deeisiong of the r'a Aawfaae f-equested-Ad # e final and binding-: R. WiII—in. fi ieen (rJ)-da a after }Yi1CYYIb "e uzl-iicZu zatb, ui, d� S:--ja�'aZeial-reT ew-e"eeisieni-e€ the Beard-shad-be-�eught4y - he -filing ©€-$-e}de�r €er-�vr3-ef eerierari-�v�a��=i�r`Q'}e-Eiretri Geuti, in the appfepfiate-eeunty-. The Con all -21- B. he Claimant hall 1 e- fesented--��-eetmsel-er-be G. The la nan hall beallowedg-stteinen"iat-te west}e�-te-e�t�-v�t�ess-�t��}�tg-t#�e-p�eeeegs- rra���■I•: ai ZMa:7,•'«si•::i:■:Mr- �=.aC�•.:[:•a:ate - --s�Gia:•■�ia:.� �•iaC�.eii•�s� impe&e"ifile39e9-Rind-t6-i-e�d-t6-t ie eVidef �ie3@i2te�: G. The Glai m,,., fifteen 1�l��Ia ..:1:•�i �►1�1i.���ilii��Af%�S �:.i\•�:�f:.•a� ���II:lA A.\:li�iii____ ____ __ _ ___S_ ■ • • � 1 lAl l�r l SIIi\.•\•1�1IA pq •!�•:\ 11. Li •.a•�l111 __S._ O � � �_ �__ MXM employe eepieg-e€-role t -ever pensatie of and eepies of ethe"eeerds-deefned4e-be--relevant4e tl�e�l... Tlhe-Beard Est e€ any -medieal-exf�iens-required by the Bear eeerds. D. The -need -Attorney -will, tf-afitheried-by--the-Beard; upon-reeeiP"f the-rnedieaf-reeerds-frefn--##fe-treating-pl3ys}eians-,-seltedt3le-afr-�depef�- dent --medieal-ex-amination--{ AEA-with-art-appreprtate-independent e3 sieian-whe-evil} be s.— *Le-render-an-opinion-abertt Elaintant'9 p#ysieaf-eendit3ie�t relate to the elaimed-disability- Upef}-reeeipt�� tl3e-IMF-€re7r�-L h tat�tiBing-�hysieian� the -$of fd Attufney will provide all feeerds-ef- treating-physieians, relevant weflffnafl, 9 elaims feeerds, the independent-fnediee4 eel en elusion in-the-peft ' tile- the initifd hearing-- 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: - 23 - DIVISION OF Each year and no later than March 15th, tie Chairman of the Board shall file a report with the Deponent-of-bisunmee Division of Retirement containing the following: 1. Whether in fact the N4tjnj,-i-pff1ity C iV 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 Mm,tieip it (or an independent audit by a certified public account�u�t if required by die Departnhent of Ins-uranee Division of Retirement) showing a detailed listing of assets and methods used to value diem and a statement of all income and disbursements during the year. Such income and disbursements shall be reconciled with the assets at the begiluhing and end of the year. 3. A statistical exhibit showing the number of Firefighters on the force of the nthie3palit the number included in die System, die number of Firefighters ineligible, classified according to tie reasons for their being ineligible, and the number of disabled -end fetife-' Fifefi 'htefi 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 Mnftieipa4jty- Cif 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 die 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 bene- fits. 6. The actuarial valuation of the System as provided for in Section 3. Such valuation shall be prepared by an enrolled actuary who is enrolled under Subtitle C of Title 3 of the Employee Retirement Income Security Act of 1974 and who is a member of the Society of Actuaries or the American Academy of Actuaries. -24- SECTION 11: That die 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 die System whe-is-net-new -Member of sueh-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 die 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 die 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,—issue-er--dependent shall receive the remaining interest in which case die distribution need not begin before die date on which the Member would have attained age 70-1 /2 and if the Spouse, ofdependentdies before die distribution to the Spouse, issue er dependent begins, this Section shall be applied as if the Spouse;-isst}e .. dependent 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: -25- 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. :-MOW-:•..- - •: :: •• : :a aw Nz ••': : •' i:: . p p : - i . i 3 :: - : • : :. -. • : :• :• :: :: • ! :•• : A.IwLvwn : w :. • :• -.:.• : . ..:• -26- alleeating--sti g-f13fiEls- tf�- Tf0 3@fti9f3- $- 13e - i�&ltte-@ t 3e bene€tts- neelled-.- G. h $0ard- ry--in-it:sAiserefieft--give-e€feet-to thns-of the €eregeing prtr-agfaphs A and B-by tie-purehase$€a-ninuifies, by eentinti- the fistenee g-pre�s-thereuMer-€e, pension benefits;-er-by--ii unediate distr ieii4rem- he Fund. if-'t e assets -of the -fund-applieable-to-arry -asset-�is�ibtifien-prt@i�EY-eategery-sre insuffieieet-te prey+ d�_rurr be��e€its-€er all ersens-irr stiel� gip- 3e bene€rts e able to queh-persens-shall be redueed pferfisn- ise-be-speei-€ied- ere- is ui,crn€tcrnll-ebligafiens-to i efnbers; �eii2t-ai}nurau *ram �c r cd -s'n'i vi�`iiig-Spouses --ree met, seeh bftlai3ee- iil-revert-tv-r= c =ty-Elie-ae a�y-sh 'cr=i-ealetilate--tile a1leeatien---e€--t_he assets e i^ FurQ—iirzcce=fianee-with=the asset listribt}tien prierityeatege nd-eerti€�+ 13is ealett ana,-. Ne4igtiid ts-(of -pievisien-ti3ere- €or- sh tttitil-a€ter-it is-advised-by-t}ie City pplreable-i'egtiimm , if etny, of the Aet-gever- € 'Bile€ghter-Pensi@n-BenefitPlan" have -been, er are-being-e0mplied- ,vith er that--apprepriate-auth s; e).�eepfi eea- ve been, are -being; -ebb 32. 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, Qualification 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 - 27 - or amendment of the System may be made retroactively, if necessary or appropriate, to cualify or maintain the System as a Plan meeting the rMuirements of the applicable provisions of the Code as now in effect or hereafter arnended, or any other applicable provisions of the U.S. federal tax laws as now in effect or hereafter amended or adopted, and the re ug lations issued thereunder; 4 Use of Forfeitures. Fqrfeitures arising, from terminations of service of Members shallserve only to reduce future City contributions. SECTIQN 15: That die 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., 3.13., and 3.D., to read as follows: A. Apportionment shall first be made in respect of each r-etired-FiFe€rg-liter 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) Firefighte-r 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, based-u �_ �_� a assu bens -mot rise € g-of-tb�ix neeerr� avaltifttien-, provided that, if such asset value be less than the aggregate of such amounts, such amounts shall be proportionately reduced so that the aggregate 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 €ireghter Member in the service of the City on such date who has eempleted at}east ten (4-0)-yef-s-e€-Erediteo 4ee is vested and who is not entitled to an apportionment under paragraph A, in the amount - 28 - required to provide die Actuarial Equivalent-a-Aesefibed43--A--ebove; of the vested portion of the accrued normal retirement benefit 02ut not less than Accumulated Contributions), based on the Credited Service and Average mend}iy--eafnings 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 die 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 apportiomnents under paragraphs A, B, and C, apportionment shall lastly be made in respect of each Firefthter Member included in paragraph C above to the extent of the Actuarial Equivalent; a"eser-ibed4n-par-agreplr-abeve, of the non -vested accrued normal retirement benefit, less dle amount apportioned in paragraph C, based on die Credited Service and Average men 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. 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: - 29 - 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 heretofore 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. Anv ovemayments or underpayments shall be corrected and paid or repaid in a reasonable manner determined 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: The years or fractional Parts of aYear 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 involuntarilyafter separation from employment as a Firefighter with the City to perforn� training or service, shall be added to him 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 i1is milita-disdarge or his release from service, B _ The Firefighter deposits into the Fund the same sum that the Member would havg contributed if he had remained a Firefighter during his absence. The Firefighter must deposit all missed contributions within a period equal to three -30- (3) times the period of military service. but not more than five (5) years or he will forfeit the riszht to receive Credited Service for his military service pursuant to this Section. C. The maximum credit for military service pursuant to t}jis Section shall be five D. In order to qualm for the urehase of Credited Service pursuant to this Section. the Firefigliter must have been dischary-ed or released from service under honorable conditions. This Section is intended to meet or exceed the minimum requirements of the Uniformed Services Employment and Ree ialo rnent Rights Act USERRA,_�P.L. 103-353). To the extent that this Section does not meet the minirnum standards of USERRA as it may be amended from tune to time, the minimum standards shall a=lam SECTION 18: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 19: 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 20: That this Ordinance shall. become effective upon adoption. Introduced on first reading and set for public hearing this day of 1996. ATTEST: Bonnie S. Thornas, MC, City er arnes- E. Kirk, ayor - 31 - Passed on second reading after public hearing this day of 1996. ATTEST: Bonnie S. TFi­om--a-s-,—C C City eI—r�c — ag\ok\1-23-96f.ord Jain — es E. Kirk,Mayor - 32 - CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and City Council FROM: John J. Drago, City Administrator DATE: June 26, 1996 SUBJECT: Status Report 1. The Reverend Mark Belleville assisted the City in trying to set up a meeting among various pastors. The pastors whose churches are most affected by the proposed change in regulations are on vacation through the first week of July. Therefore, a meeting will be scheduled after the Fourth of July holidays. 2. The storm drainage work on S.W. 8th Street is now beginning. The portion of S.W. 8th between 441 and S.W. 2nd Avenue will be closed for about 30 days. 3. The notice to proceed for construction of the sidewalks was issued to K & K construction. 4. Attached is a map showing the high problem areas for street addressing. Because of the potential for long term problems this can cause, I elicited Geographic Information Systems of Okeechobee to analyze the problem areas, recommend solutions, update City address maps and provide the City with software so it can be kept updated in the future. The cost is $4,225.00. Once the recommendations for corrections are developed, it will be placed on a Council agenda for discussion. 5. Mayor Kirk will be on vacation, and will not be at the July 2nd meeting. 6. Raulerson Hospital has approached the City to do a community service project. It was suggested doing a beautification project in the northernmost median strip on 441. The project, if approved by DOT, will follow the design criteria in the Public Works Manual. JJD:nb Enclosure CABLEVISION 5 , CV1 INOUSTRIES ,107 N.V . 7T" avF. c�Ee�. +oeE� ri a9 ; 2 June 24, 1996 Mr. John Drago City Administrator 55 SE 3rd Avenue Okeechobee, Fl. 34974 Dear Mr. Drago: As you know, on January 4, 1996, Cablevision Industries (CVI) merged with the nation's second largest cable company, Time Warner Cable. On September 1 of this year, we will officially chance our name in this community to Time Warner Cable. This :Weans that we will have a new look (logos on our trucks, new signage for our buildings, and so on). Yet, you'll be pleased to find the same friendly voices on the phone when you call our office. Vde're the same people, just new possibilities. If you have any questions, please feel free to call me at 941-763-5566. We look forward to the challenge of branding a new name in the community. As always, it is a pleasure to work with you. Sincerely, I� L� Dan LaCroix General :tanager DL/ae