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3705 ORDINANCE NO. 3705 AN ORDINANCE OF ~ CITY OF SANFORD, FLORIDA, AMENDING CHAFFER 2, ADMINISTRATION, ARTICLE XV, OF TFrE CITY CODE OF TFrE CITY OF SANFORD ENTITLED POLICE OFFICERS' RETIREMENT SYSTEM; AMENDING SECTION 2-266, BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 2-273, MIlITARY SERVICE PRIOR TO EMPLOYMENT; AMENDING SECTION 2-274, PRIOR POLICE SERVICE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABIlITY OF PROVISIONS, REPEALING ALL ORDINANCES IN CONFLICT HF, REWITH AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE PEOPLE OF THF, 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 See. 2-266, Benefit amounts and eligibility, subsection (b)(2), Early retirement benefit, subsection (e)(1), Prior to vesting or eligibility for retirement, subsection (d)(5), Physical examination requirement, subsection (f)(1), Basic limitation, and subsection (f)(3)a., to read as follows: C° )(2 ) Early retirement benefit. A member retiring hereunder on his early retirement date may receive either a deferred or an immediate monthly retirement benefit payable in the same form as for normal retirement as follows: a. A deferred monthly retirement benefit which shall commence on what would have been his normal retirement date had he continued employment as a police officer and shall be continued on the first day of each month thereafter. The amount of each such deferred monthly retirement benefit shall be determined in the same manner as for retirement on his normal retirement date except that credited service and average final compensation shall be determined as of his early retirement date; or b. An immediate monthly retirement benefit which shall commence on his early retirement date and shall be continued on the first day of each month thereafter. The benefit payable shall be as determ'med in paragraph a. above, reduced by three (3) percent for each year by which the commencement of benefits precedes the date which would have been the members normal retirement date had he continued employment as a police officer. ( c )( I ) Prior to vesting or eligibility for retirement. The beneficiary of a deceased member w o was not receiving monthly benefits or who was not yet vested or eligible for early or normal retirement and whose death did not result directly f~om an occurrence arising in the performance of duty, shall receive a refund of one hundred (100) percent of the member's accumulated contributions. (d)(5) Physical examination re uirement. A member shall not become eligible for disability benefits until and unless he un~lqeargoes a physical examination by a qualified physician or physicians and/or surgeon or surgeons, who shall be selected by the board for that purpose. Ordinance No. 3705 Page 1 The board shall not select the members 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 may be required by the board to submit sworn statements of his condition accompanied by a physician's statement ( rovided at the retiree's expense) to the board annually and may be recluired by the board to untd~rgo additional periodic re-examinations by a qualified physician or physmians and/or surgeon or surgeons who shall be selected by the board, to determine if such disability has ceased 1 to exist. If {lie board finds that the retiree is no longer permanent y and totally disabled to the extent that he is unable to render, useful and efficient service as a police officer, the board shall 1 recommend to the city that the retiree be returned to performance of duty as a po ice officer, and the retiree so returned shall enjoy the same rights that he 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; he shall forfeit the right to his pension. The cost of the physical examination and/or reexamination of the member claiming or 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 member recovers from disability and reenters the sendee of the city as a ~elice officer, his service will be deemed to have been continuous, but the period be inning with first month for which he received a disability retirement income payment and en~'m~g with the date he reentered the service of the city will not be considered as credited service for the purposes of the system. The board shall have the power and authority to make the final decisions regarding all disability claims. ( f)( 1 ) Basic limitation. Subject to the adjustments hereina~er set forth, the maximam amount of annual retirement income payable with respect to a member under this System shall not exceed one hundred sixty thousand dollars ($160,000.00). For purposes of applying the above limitation, benefits ayable in any form other than a straight life annuity with no ancillary bonefits shall be adjuste~, as provided by Treasury Regulations, so that such benefits are the actaarial e uivalent of a straight life annuity. For purposes of this subsection, the following benefits shXl~ not be taken into account: a. Any ancillary benefit which is not directly related to retirement income benefits; b. Any other benefit not required under Section 415(b)(2) of the [Intemal Revenue] Code and Regulations thereunder to be taken into account for purposes of the limitation of Section 415(b )( 1 ) of the [Internal Revenue ] Code. (f)( 3 ) a. In the event the mamber's retirement benefits become payable before age sixty-two (62), the one hundred sixty thousand dollar ($160,000.00) limitation prescribed by this subsection shall be reduced in accordance with regulations issued by the Secretary of the Treasury pursuant to the tphrovisions of Section 415(b) of the [Iutemal Revenue] Code, but not less an seventy-five thousand dollars ($75,000.00), if the benefit begins at or after age fifty-five (55). In the event the member's retirement benefit becomes payable before age fifty-five (55), the seventy-five thousand Ordinance No. 3705 Page 2 dollars ($75,000.00) limitation shall be reduced from age fifty-five (55) in accordance with regulations issued by the Secretary of the Treasury pursuant to the provisions of Section 415(b) of the [Internal Revenue] Code. SECTION 2: That Chapter 2, Administration, Article XV of the City Code of the City of Sanford entitled Police Officers' Retirement System, is hereby mended by mending See. 2- 273, Military service prior to employment, to read as follows: 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 bc added to his years of credited service provided that: ( 1 ) The member contributes to the fund an acmarially determined mount so that the crediting of the purchased 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 ofyears 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 mount 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 shah be three ( 3 ) years. (5) Credited service purchased pursuant to this section shall not count toward vesting or eligibility for not-in-line of duty disability retirement. SECTION 3: That Chapter 2, Administration, Article XV of the City Code of the City of Sanford entitled Police Officers' Retirement System, is hereby mended by mending See. 2- 274, Prior police service, to read as follows: Sec. 2-274. Prior police service. Unless otherwise prohibited by law, and except as vided for in section 2-261, the years or fractional parts ofyears that a member previously serve[~ a police officer with the city during a period of previous employment and for which period accumulated contributions were withdrawn from the fund, or the years and fractional parts ofyears that a member served as a full-time olice officer for any other municipal, county or state law enforcement department in the State of~Vocrida shall be added to his years of credited service provided that: ( 1 ) The member contributes to the fund an acmarially determined mount so that the crediting of the purchased service does not restfit 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. Ordinance No. 3705 Page 3 (2) Multiple requests to purchase credited senrice 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 lmnp sam payment upon receipt of which credited service shall be given. (4) The maximum credit for prior service with another law enforcement department other than with the City of S anford shall be five (5) years of credited service and shall count for all purposes, except vesting and ehgibility for not-in-line of duty disability benefits. (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 prior service forms or will form the basis of a retirement benefit or pension from another retirement system or plan as set forth in section 2-266, subsection (f)(9)b. SECTION 4. It is the intention of the City Commission of the City of Sanford, Florida, and it is hereby ordalned that the provisions of this Ordinance shall become and be made a part ofthe Cede 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 5: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 6: Ifany 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. PASSED AND ADOPTED thisc~c~ day of ~ , A.D. 2002. Ordinance No. 3705 Page 4 ATTEST: As the City Commission of the City of Sanford, Florkh 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.~ P SSED ADOPTED by · f ,4~,2002 y~/~p~st ,2002. Clerk of ~or , bmxsanXpol~3-O4-O2.cln Ordinance No. 3705 Page 5