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3633 ORDINANCE NO. 3633 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE XV, OF THE CITY CODE OF THE CITY OF SANFORD ENTITLED POLICE OFHCERS' RETIREMENT SYSTEM~ AMENDING SECTION 2-261, DEFINITIONS, TO AMElffD THE DEFINITION OF "AVERAGE FINAL COMPENSATION"I AMENDING SECTION 2-266, BElX/EHT AMOUNTS AND ELIGIBILITY~ PROViDING FOR CODIHCATION~ PROViDING FOR SEVERABILITY OF PROViSIONS, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROViDING AN EFFECTIVE DATE. BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA.. SECTION 1: That Chapter 2, Administration, Article XV of the City Code of the City of Sanford entitled Police Officers' Retirement System, is hereby amended by amending Sec. 261, Definitions, to amend the definition of Average final compensation, to read as follows: A}'erage F~z2al compensaKon means one-twelfth (1/12) of the average base pay of the five (5) best years of credited service of the last ten (10) years prior to retirement, termination or death or the career average as a full-time police offxcer, whichever is greater. A year shall be twelve (19,) consecutive months. SECTION 2: That Chapter 2, Administration, Article XV of the City Code of the City of Sanford entitled Police Officers' Retirement System, is hereby amended by amendin Sec. 2-266, Benefit amounts and eligibility, subsection (c), Pre~retirement death, to read as fol[ows: (c) Pre-redreraent death. (1) Prior to e~dbih't~ for retirement a. Service connected A death benefit shall be payable on behalf of any member who becomes deceased as a direct result of an occurrence arising in the performance of duty, as follows: 1. To the spouse, until death, a monthly benefit equal to forty (40) percent of the member's base pay. 2. If there is no spouse, or upon the death of the spouse, forty percent of the member's base pay shall be divided equally among the deceased member's unmarried children until they reach age eighteen (18). The child's pension shall terminate on the earlier of death, marriage or the attainment of age eighteen (18). Legally adopted children shall be eligible the same as natural children. The maximum total amount payable to all such children shall be forty (40) percent of the base pay. 3. If a member dies prior to retirement and is not survived by a spouse or children under the age of eighteen (18) years or ff payments provided for in subsections (c)(1)aA. and (c)(1)a.9,. above, cease prior to the time when the spouse or children have received an an~ount equal to the member's acctunulated contributions, the member's beneficiary shall receive the accumulated conlributions or the balance thereof. Ordinance No..~ (~33 Page, 1 b. Nonserffce connected The death benefit payable to the designated beneficiary of a member who dies, but not as a direct restfit of an occurrence arising in the performance of duty, and who has not completed at least ten (1 O) years of credited service at the lime of death, shall equal the member's accumulated contributions. c. MioaZmurn bendit Notwithstanding any provision to the contrary, in the event a member or terminated vested person, with ten (10) or more years of credited service, dies prior to retirement or prior to receipt of benefits, his beneficiary shall be entitled to the accrued normal or early retirement benefit calculated with a two (2) percent accrual rate, payable for ten (10) years beginning at the deceased member's early or normal retirement age less the value of any benefits paid or payable under subsections (c) ( 1 )a.. (2) Deceased members elig'ble for retirement For any deceased actively employed member who was eligible fbr early or nom~al retirement as of his date of death, the benefit payable shall be the greater of the retirement benefit determined as though the deceased member had retired on his date of death, with the resulting mount then being payable to the beneficiary on a monthly basis for ten (10) years, or on such other actuarially equivalent basis as approved by the board, or the benefits provided for in paragx~ph (1) of this subsection (c). SECTION 3. It is the intention of the City Commission of the City of Sanford, Florida, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Sanford, Florida; that the Seclions of this Ordinance may be tenumbered or relettered to accomplish such intention; that the word, 'Ordinance" may be changed to 'Section", "Article" or other appropriate word. SECTION 4: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 5: 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, s~section, sentences c/auses or phrases under application shall not be affected thereby. ' ' SECTION 6: That this Ordinance shah become effective upon adoption. Ordinance No. 3 &33 Page 9 PASSED AND ADOPTED this _[__ _ day of _ , A.D. 2001. ATTEST: As the City Commission of the City of Sanford, Hotida CERTIFICATE I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. 3 ~ 53 ASSED D ADOPTED by the city Commission of ~e C,ty o' Sanford, Flo.da, on ~'g_~ay of ~2°0 ~, .~osted at %~f~.ont door o' the Ci~ Hall ,n the C,ty of Sa~rd, Flo.da, ~e _~__~a~ of Hotida Ordinance No. $(0 5~ Page 8