3354 ORDINANCE NO. 3354
AN ORDINANCE OF THE CITY OF SANFORD,
FLORIDA, AMENDING ARTICLE XV OF CHAPTER 2
OF THE CITY CODE OF THE CITY OF SANFORD,
POLICE OFFICERS' RETIREMENT SYSTEM;
AMENDING SECTION 2-261, DEFINITIONS, TO
REVISE THE DEFINITION OF "ACCUMULATED
CONTRIBUTIONS"; AMENDING SUB-PARAGRAPH
(A), AMOUNT, OF PARAGRAPH (1), MEMBER
CONTRIBUTIONS, OF SECTION 2-265,
CONTRIBUTIONS, TO INCREASE A MEMBER'S OWN
CONTRIBUTION ASSESSMENT RATE TO FIVE AND
ONE TENTH (5.1) PERCENT OF GROSS PAY;
AMENDING SUBPARAGRAPH (2), NORMAL
RETIREMENT BENEFIT, OF PARAGRAPH (A),
NORMAL RETIREMENT, OF SECTION 2-266, BENEFIT
AMOUNTS AND ELIGIBILITY, TO INCREASE THE
NORMAL MONTHLY RETIREMENT BENEFIT AND
MONTHLY DISABILITY BENEFIT TO THREE AND
FIFTY HUNDREDTHS (3.50) PERCENT OF AVERAGE
FINAL COMPENSATION FOR EACH YEAR OF
CREDITED SERVICE; AMENDING SUB-PARAGRAPH
(1), DISABILITY BENEFITS ON-DUTY, AND SUB-
PARAGRAPH (2), DISABILITY BENEFITS OFF-DUTY,
OF PARAGRAPH (D), DISABILITY, OF SECTION 2-266,
BENEFIT AMOUNTS AND ELIGIBILITY, TO CLARIFY
THAT THE DISABILITY BENEFIT IS EQUAL TO
THREE AND FIFTY HUNDREDTHS (3.50) PERCENT OF
BASE PAY AT THE DATE OF DISABILITY FOR EACH
YEAR OF CREDITED SERVICE; PROVIDING FOR
SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE.
WHEREAS, it is the desire of the Sanford City Commission to amend the Police
Officers' Retirement System as set forth in Article XV of the City Code in order to increase
a member' s own contribution assessment rate to five and one tenth (5.1) percent of gross pay
and to increase a member' s normal monthly retirement benefit and monthly disability benefit
to three and fifty hundredths (3.50) percent of average final compensation for each year of
credited service and to clarify that the disability benefit is equal to three and fifty hundredths
(3.50) percent of base pay at the date of disability for each year of credited service,
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA:
SECTION 1: That Section 2-261, Definitions, of Article XV, Police Officers'
Retixement System is hereby amended to read as follows:
Section 2-261. Definitions.
Accumulated contributions means a member's own contributions assessed at the rate
of five and one tenth (5.1) percent of gross pay, all without interest.
SECTION 2: That sub-paragraph (A), Amount, of paragraph (1), Member
contributions, of Section 2-265, Contributions, of Article XV, Police Officers' Retirement
System is hereby amended to read as follows:
Section 2-265. Contributions.
(1) Member contributions.
(a) Amount.
Members of the system shall be required to make regular contributions to the fund in
the amount of five and one tenth (5.1) percent of his/her gross pay. Member contributions
withheld by the city on behalf of the member shall be deposited with the board at least
monthly. The contributions made by each member to the fund shall be designated as
employer contributions pursuant to Section 414(h) of the [Internal Revenue] Code. Such
designation is contingent upon the contributions being excluded from the members' gross
income for Federal Income Tax purposes. For all other purposes of the system, such
contributions shall be considered to be member contributions.
SECTION 3: That sub-paragraph (2), Normal retirement benefit, of paragraph (A),
Normal retirement, of Section 2-266, Benefit amounts and eligibility, of Article XV, Police
Officers' Retirement System is hereby amended to read as follows:
Section 2-266. Benefit amounts and eligibility.
(A) Normal retirement.
(2) Normal retirement benefit.
A member retiring hereunder on or after his normal retirement date shall receive a
monthly benefit which shall commence on his retirement date and be continued thereafter
during the member's hfetime, ceasing upon death, but with one hundred twenty (120)
monthly payments guaranteed in any event. The monthly re 'ttrement benefit shall equal three
and fifty hundredths (3.50) percent of average final compensation, for each year of credited
Ordinance No. 3354
Page 2
service.
SECTION 4: That sub-paragraph (1), Disability Benefits On-Duty, and sub-
paragraph (2), Disability Benefits Off-Duty, of paragraph (D) Disability, of Section 2-266,
Benefit amoants and eligibility, of Article XV, Police Officers' Retirement System is hereby
amended to read as follows:
Section 2-266. Benefit Amounts and Eligibility,
(D) Disability.
(1) Disability Benefits On-Duty.
Any member who shall become totally and permanently disabled to the extent that he
is unable, by reason of a medically determinable physical or mental impairment, to render
useful and efficient service as a police officer, which disability was direc~y 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 equal to three and fifty
hundredths (3.50) percent of base pay at the date of disability for each year of credited
service, but in any event the minimum amount to be paid to the member shall be equal to
fifty (50) percent of the base pay of the member at the date of disability. Any condition or
impairment of health of a police officer caused by tuberculosis, 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 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.
(2) Disability Benefits Off-Duty.
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 medically
determinable physical or mental impairment, to render userid and efficient service as a police
Ordinance No. 3354
Page 3
officer, which disability is not directly caused by the performance of his duties as a police
officer shall, upon establishing the same to the satisfaction of the board, be entitled to a
monthly pension equal to three and fifty hundredths (5.50) percent of base pay at the date
of disability for each year of credited service.
SECTION 5: If any section or portion of a section of this ordinance proves to be
invalid, unlawful or unconstitutional, it shall not be held to impair the validity, force or effect
of any other section or part of this ordinance.
SECTION 6: That all ordinances or parts of ordinances in conflict herewith
be and the same are hereby revoked.
SECTION 7: That this ordinance shall become effective immediately upon its
passage and adoption.
PASSED AND ADOPTED thi~_~day of& , A.D._~
ATTEST:
IT~YCLERK ~/~
As the City Commission of the City of
Sanford, Florida
CERTIFICATE
I Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify
that a ~e and correct copy of the foregoing Ordinance No.5~, PASSE AND
OPTED by the City Commission of the City of Sanford, Florida, on th~ay of
~'~ ',t~ff' , 19~was posted at the front door of ~e City Hall in the City o'~an~ord,
Sanford, Florida
~lesX97Xsa~ffordXord\police rate amd:nah
Ordinance No. 3354
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