3355 ORDINANCE NO. 3355
AN ORDINANCE OF THE CITY OF SANFORD,
FLORIDA, AMENDING ARTICLE XVI, CHAPTER 2 OF
THE CITY CODE OF THE CITY OF SANFORD,
FIREFIGHTERS' RETIREMENT SYSTEM; AMENDING
SUBPARAGRAPH (2), NORMAL RETIREMENT
BENEFIT, OF PARAGRAPH (A), NORMAL
RETIREMENT, TO INCREASE THE NORMAL
MONTHLY RETIREMENT BENEFIT AND MONTHLY
DISABILITY BENEFIT TO TWO AND SEVENTY-EIGHT
HUNDREDTHS (2.78) 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 2-286,
BENEFIT AMOUNTS AND ELIGIBILITY, TO CLARIFY
THAT THE DISABILITY BENEFIT IS EQUAL TO TWO
AND SEVENTY-EIGHT HUNDREDTHS (2.78) 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
Firefighters' Retirement System as set forth in Article XVI of the City Code in order to
increase a member' s normal monthly retirement benefit and monthly disability benefit to two
and seventy-eight hundredths (2.78) percent of average final compensation for each year of
credited service and to clarify that the disability benefit is equal to two and seventy-eight
hundredths (2.78) 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 sub-paragraph (2), Normal retirement benefit, of paragraph (A),
Normal retirement, of Section 2-286, Benefit amounts and eligibility, of Article XVI,
Firefighters' Retirement System is hereby amended to read as follows:
Section 2-286. Benefit amounts and eligibility.
(A) Normal retirement.
***
(2) Normal retirement benefit.
A member retiring hereunder on or after his/her normal retirement date shall receive
a monthly benefit which shall commence on his/her retirement date and be continued
thereafter during the member' s lifelime, ceasing upon death, but with one hundred twenty
(120) monthly payments guaranteed in any event. The monthly retirement benefit shall equal
two and seventy-eight hundredths (2.78) percent of average final compensation, for each
year of credited service.
SECTION 2.' That sub-paragraph (1), Disability Benefits On-Duty, and sub-
paragraph (2), Disability Benefits Off-Duty, of paragraph (D), Disability, of Section 2-286,
of Article XVI, Firefighters' Retirement System is hereby mended to read as follows:
Section 2-286. 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/she 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 equal to two and seventy-eight
hundredths (2.78) 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
sixty (60) percent of the base pay of the member at the date of disability. Any condition
or impairment of health of a member 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 member 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.
Ordinance No. 3355
Page 2
(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/she is unable, by reason of 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/her duties as a
firefighter shall, upon establishing the same to the satisfaction of the board, be entitled to a
monthly pension equal to two and seventy-eight hundredths (2.78) percent of base pay at
the date of disability for each year of credited service.
SECTION 3: 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 4: That all ordinances or parts of ordinances in conflict herewith
be and the same are hereby revoked.
SECTION 5: That this ordinance shall be retroactive to May 1, 1997, upon its
passage and adoption.
ATTEST:
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 tree and correct copy of the foregoing Ordinance No.5_5~5', PASSED AND
Ordinance No. 3355
Page 3
ADOPTED by the City Commission of the City'Of Sanford, Horida, on thec~jq3day of
~( 'xx2~ , 1997 was posted at the front d6or of the City Hall in the City of Sanford,
Flo~i~ onthec~g(~ dayofL~ 'KEP ,i-997.-
r
f:XtilesX97xsanford\ordXflre rate amd:nah Sanford, Florida
Ordinance No. 3355
Page 4