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3688 O IN CE NO. 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 OFFICERS' RETIREMENT SYSTEM; AMENDING SECTION 2-261, DEFINITIONS, TO AMEND THE DEFINITION OF "ACCUMULATED CONTRIBUTIONS"; AMENDING SECTION 2-266, BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 2-271, DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; ADDING SECTION 2-273, MILITARY SERVICE PRIOR TO EMPLOYMENT; ADDING SECTION 2- 274, PRIOR POLICE SERVICE; PROVIDING FOR CODIFICATION; 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 mending Sec. 2-261, Definitions, to mend the definition of Accumulated contributions, to read as follows: Accumulated contributions means a member's own contributions, plus the amount described in Section 2-266 (e)(4), all without interest. For those members who purchase credited service with interest or at no cost to the system, any payment representing the mount attributable to member contributions based on the ap lieable member contribution rate, interest and any re uired actuarially calculated pa~tments dr the purchase of such credited service, shall be in~uded in accumulated contributions. SECTION 2: That Chapter 2, Administration, Article XV of the City Cede of the City of Sanford entitled Police Officers' Retirement System, is hereby mended by mending See. 2-266, Benefit amounts and eligibility, subsection (c), Pre-retirement death, subsection ( d)( 1 ), Disability benefits on-duty, and subsection ( d)(5), Physical examination requirement, to read as follows: (c) Pre-retirement death. (1) Prior to vesting or eligibility for retirement. The beneficiary of a deceased member who was not receiving monthly benefits or who was not yet vested or eligible for early or normal retirement or whose death did not result directly from an occurrence arising in the performance of duty, shall receive a refund of one hundred (100) percent of the member 's accumulated contributions. (2) Deceased members vested or eligible for retirement. The beneficiary of any member who dies and who, at the date of his death was vested or eligible for early or normal retirement, shall be entitled to a benefit as follows: Ordinance No. Page 1 a. If the member was vested, but not eligible for normal or early retirement, and the member's death did not result directly from an occurrence arising in the performance of duty, the beneficiary shall receive a benefit payable for ten (10) years, beginning on the date that the deceased member would have been eligible for early or normal 1 retirement, at the option of the beneficiary. The benefit sha 1 be calculated as for normal retirement based on the deceased member' s credited service and average final compensation as of the date of his death and reduced as for early retirement, if applicable. The beneficiary may also elect to receive an immediate benefit, payable for ten (10) b. If the deceased member was eligible for normal or early retirement, the beneficiary shall receive a benefit payable for ten (10) years, beginning on the first day of the month following the member's death or at the deceased member's otherwise early or normal retirement date, at the option of the beneficiary. The benefit shall be calculated as for normal retirement based on the deceased member' s credited service and average final compensation as of the date of his death and reduced as for early retirement, if applicable. c. In any event, if the member's death resulted directly from an occurrence arising in the performance of duty, the bene~cia shall receive a benefit pa able for ten (10) years, beginnin on the ~rst day o the month fo~lowing the member's death. The ~enefit shall be calcuflated as for normal retirement (unreduced) based on the deceased member' s credited service and average final compensation as of the date of death. The minimum benefit shall be forty (40) percent of average final compensation. d. A beneficiary may elect an actuarial equivalent life annuity optional form of benefit, and the board may elect to make a lump sum payment pursuant to section 2-277, subsecuon (7). e. A beneficiary may, in lieu of any benefit provided for in a. or b. above, elect to receive a refund of the deceased member's accumulated contributions. (d)(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 directly caused by the performance of his duty as a police officer, shall, upon establishin the same to the satisfaction of the board, be entitled to a monthly pension equal to three and ~f~ 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 ay of the member at the date of disability. Notwithstanding the previous sentence, in t~e event a member is determined by the board to be disabled in-hne of duty and the disability resulted from the perpetration of an intentional act of violence directed toward the police officer and the board reasonably believes the perpetrator intended to cause great bodily harm or permanent disfigurement of the police officer, the minimum amount paid to the member shall be eighty (80) percent of the average final compensation of the member. Terminated persons, either vested or non-vested, are not Ordinance No. 3~"g Page 2 eligible for disability benefits, except that those terminated by the City for medical reasons may apply for a disability within thirty (30) days after termination. (d)(5) Physical examination requirement. A member shall not become eligible for disability benefits until and unless he undergoes a physical examination by a qualified physician or ph sicians and/or surgeon or surgeons, who shall be selected by the board for that purpose. '~l~e board shall not select the member' s treating physician or surgeon for this purpose except in an unusual case where the board determines that it would be reasonable and prudent to do so. Any retiree receiving disability benefits under provisions of this article must submit sworn statements of his condition accompanied by a physician' s statement (provided at the retiree's expense) to the board annually and may be required by the board to undergo additional periodic re-examinations 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 loner permanently and totally disabled to the extent that he is unable to render, useful and e~t~ceient service as a police officer, the board shall recommend to the city that the retiree be returned to performance of duty as a olice officer, and the retiree so returned shall enjoy the same ri hts that he had at the time Re was placed upon pension. In the event the retiree so order~to return shall refuse to comply with the order within thirty (30) days from the issuance thereof, he shall forfeit the fight to his pension. The cost of the physical examination and/or reexamination of the member claimin or the retiree receiving disability benefits shall be borne by the fund. All other reason:~le costs as determined by the board incident to the physical examination, such as, but b not limited to, transportation, meals and hotel accommodations, shall be borne y the fund. If the member recovers from disability and reenters the service of the city as a police officer, his service will be deemed to have been continuous, but the period beginning with the first month for which he received a disability retirement income payment and ending with the date he reentered the service of the city will not be considered as credited service or the purposes of the system. The board shall have the power and authority to make the final decisions regarding all disability claims. SECTION 3: 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. 2-271, Direct transfers of eligible rollover distributions, to read as follows: Sec. 2-271. Direct transfers of eligible rollover distributions. ( 1 ) Rollover distributions. (a) General. This section applies to distributions made on or after January 1, 2002. Notwithstanding any provision of the system to the contrary that would otherwise limit a distributee's election under this section, a distributes may elect, at the time and in the manner prescribed by the board, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributes in a direct rollover. (b) Definitions. Ordinance No. 3 Page 3 1. Eligible rollover distribution: An eligible rollover distribution is any distribution of all or any ortion of the balance to the credit of the distributee, except that an eFigible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less fre uently than annually) made for the life (or life expectancy) of the ~istributee or the joint lives (or 'oint life expectancles) of the distributee and the distributee's c~ecsignated beneficiary, or for a specified period of ten (10) years or more; any distribution to the extent such distribution is required under Section 401(a)(9) of the [Internal Revenue] Code; and the portion of any distribution that is not includible in ross income. Any portion of any distribution which would be incluc~ible in gross income will be an eligible rollover distribution if the distribution is made to an individual retirement account described in Section 408(a), to an individual retirement annuity described in Section 408(b) or to a qualified defined contribution plan described in Section 401(a) or 403(a) that agrees to separately account for amounts so transferred, including separately accounting for the portion of such distribution which is includible in gross income and the portion of such distribution which is not so 1 mc udible. 2. Eligible retirement lan: An eligible retirement lan is an individual retirement account c{~scribed in Section 408(a) of rivet [Internal Revenue] Code, an individual retirement annuity described in Section 408(b) of the [Internal Revenue] Code, an annuity plan described in Section 403(a) of the [Internal Revenue] Code, an eli ible deferred corn ensation plan described in Section 457(b) of the ~ernal Revenue] ~ode which is maintained b an eligible employer described in Section 457(e)(1)(A) of the [Internal ~evenue] Cede and which agrees to separately account for amounts transferred into such plan from this plan, an annuity contract described in Section 403(b) of the [Internal Revenue] Code, or a ualified trust described in Section 401(a) of the [Internal Revenue] ~ode, that accepts the distributee's eligible rollover distribution. This definition shall also apply in the case of an eligible rollover distribution to the surviving spouse. 3. Distributee: A distributee includes an employee or former employee.. In addition, the employee's or former employee's surviving spouse xs a distributee with regard to the interest of the spouse. 4. Direct rollover. A direct rollover is a payment by the plan to the d eligible retirement plan specified by the ~stributee. (2) Rollovers or transfers into the fund. On or after Janua 1, 2002, the system will accept member rollover cash contributions and/or direct cash rolrFovers of distributions made on or after January I, 2002, as follows: (a) Direct rollovers or member rollover contributions from other plans. The system will accept either a direct rollover of an eligible rollover distribution or a member contribution of an eligible rollover distribution from a qualified plan described in Section 401(a) or 403(a) of the [Internal Revenue] Code, from an annuity contract described in Section 403(b) of the [Internal Revenue] Code or Ordinance No. 3'(o 8'~ Page 4 from an eligible plan under Section 457(b) of the [Internal Revenue] Code which is mmntained by a state, olitical subdivision of a state, or any agency or instrumentality of a state or poFitical subdivision of a state. (b) Member rollover contributions from IRAs. The s~.stem will accept a member rollover contribution of the portion of a distribution from an individual retirement account or annuity described in Section 408(a) or 408(b) of the [Internal Revenue] Code that is eligible to be rolled over and would otherwise be includible in gross income. SECTION 4: That Chapter 2, Administration, Article XV of the City Code of the City of Sanford entitled Police Officers' Retirement System, is hereby amended by adding f, 1 Sec. 2-273, Military service prior to employment, to read as o lows: Sec. 2-273. Military service prior to employment. The years or fractional parts of years that a police officer serves or has served on active duty in the military service of the Armed Forces of the United States, the United States Merchant Marine or the United States Coast Guard, voluntarily or involuntarily and honorably or under honorable conditions, prior to first and initial employment with the city police department shall be added to his years of credited service provided that: (1) The member contributes to the fund the sum that he would have contributed, based on his salary and the member contribution rate in effect at the time that the credited service is re uested, had he been a member of the system for the years or fractional parts ;c~ years for which he is requesting credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the fund plus payment of costs for all professional services rendered to the board in connection with the purchase of years of credited service. (2) Multiple requests to purchase credited service pursuant to this section may be made at any time prior to retirement, but no purchase is permitted for a period of less than one year. (3) Payment by the member of the required amount shall be made within six (6) months of his request for credit, but not later than the retirement date, and shall be made in one lump sum payment upon receipt of which credited service shall be given. (4) The maximum credit under this section shall be three (3) years. (5) Credited service purchased pursuant to this section shall not count toward vesting. SECTION 5: That Chapter 2, Administration, Article XV of the City Code of the City of Sanford entitled Police Officers' Retirement System, is hereby amended by adding Sec. 2-274, Prior police service, to read as follows: Sec. 2-274. Prior police service. Unless otherwise prohibited by law, and except as provided for in section 2-261, the years or fractional arts of years that a member previously served as a police officer with the city during a periodPof previous employment and for which period accumulated contributions Ordinance No. 3 {~ ~d ~ Page 5 were withdrawn from the fund, or the years and fractional am of years that a member served as a police officer for any other municipal, county or state Y~w enforcement department in the State of Florida shall be added to his years of credited service provided that: (1) The member contributes to the fund the sum that he would have contributed, based on his salary and the member contribution rate in effect at the time that the credited service is requested, had he been a member of this system for the years or fractional parts ofyears for which he is requestin credit plus amounts actuarially determined such that the crediting of service ~es not result in any cost to the fund plus payment of costs for all professional services rendered to the board in connection with the purchase of years of credited service. (2) Multiple requests to purchase credited service pursuant to this section may be made at any time prior to retirement, but no purchase is permitted for a period of less than one year. (3) Payment by the member of the required amount shall be made within six (6) months of his request for credit, but not later than the retirement date, and shall be made in one lump sum payment upon receipt of which credited service shall be given. (4) The maximum credit for prior service with another law enforcement de artmerit other than with the City of Sanford shall be five (5) years of credite~ service and shall count for all purposes, except vesting. (5) There shall be no maximum credit for prior service with the City of Sanford police department and all years of credited service shall count for all purposes, including vesting. (6) In no event, however, may credited service be purchased pursuant to this section for prior service with any other municipal, county or state law enforcement agency, if such rior service forms or will form the basis of a retirement benefit or pension fFr~m another retirement system or plan as set forth in section 2-266, subsection (f)(9)b. SECTION 6. 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 Sections of this Ordinance may be renumbered or relettered to accomplish such intention; that the word, "Ordinance" may be changed to "Section", "Article" or other appropriate word. SECTION 7: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 8: 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, f or phrases under application shall not be af ected thereby. SECTION 9: That this Ordinance shall become effective upon adoption. PASSED AND ADOPTED this/~9~ day of LG_~~/, A.D. 2001. Ordinance No. 3 ~, ~- ~ Page 6 ATTEST: ITY CLE As the City Commission of the City of Sanford, Florida CERTIFICATE I, Janet R. Dougherty, City Clerk of the City of Sanford, Florid do hereby certi that a true and correct copy of the foregoin.g Ordinance No. ~, PASS A~ '2 1, was p ted at e front door of the City Hall in the Citg o'TSanf~rd, bm\san\pol\11-O7-Ol.cln Ordinance No. 3 ~, ~" Page 7