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HomeMy WebLinkAboutO-1985-020 I ORDINANCE NO . 20-85 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ORDINANCE NO . 132 AS PASSED AND ADOPTED ON FINAL READING ON FEBRUARY 22, 1977, BY CHANGING THE NORMAL RETIREMENT DATE TO AGE 55 WITH TEN YEARS OF CONTINUOUS SERVICE ; AND BY RAISING THE SERVICE INCURRED DISABILITY BENEFIT FROM 66 2/3% TO 80% OF AVERAGE MONTHLY EARNINGS LESS WORKERS ' COMPENSATION AND SOCIAL SECURITY ; AND BY RAISING THE MAXIMUM SERVICE INCURRED DISABILITY BENEFIT FROM 40% OF AVERAGE MONTHLY EARNINGS TO 60% ; AND BY RAISING THE NON-SERVICE INCURRED DISABILITY BENEFIT FROM 30% OF AVERAGE MONTHLY EARNINGS TO 40% AFTER ONE YEAR OF CONTINUOUS SERVICE, 45% AFTER TWO YEARS OF CONTINUOUS SERVICE , 50% AFTER THREE YEARS OF CONTINUOUS SERVICE, 55% AFTER FOUR YEARS OF CONTINUOUS SERVICE AND 60% AFTER FIVE YEARS OF CONTINUOUS SERVICE ; AND BY RAISING THE MEMBER CONTRIBUTION RATE FROM 6 .0% OF EARNINGS TO 7 .0% OF EARNINGS ; AND PROVIDING THAT EXCEPT AS HEREIN AMENDED ALL OTHER PROVISIONS OF SAID ORDINANCE NO . 132 SHALL REMAIN IN FULL FORCE AND EFFECT ; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT ; AND PROVIDING THAT THIS ORDINANCE SHALL BE IN FULL FORCE AND TAKE EFFECT IMMEDIATELY UPON ITS PASSAGE AND ADOPTION ON FINAL READING . BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA : Section 1 . That Ordinance No . 132 of the City of Dania , Florida, which was adopted on final reading on February 22, 1977, be and the same is hereby amended by deleting in its entirety subparagraph la of Section 3 of said Ordinance and inserting in lieu thereof the following : "a . A Member ' s Normal Retirement Date shall be the first day of the month coincident with or next following the date when he both attains his fifty- fifth ( 55th ) birthday and completes ten ( 10) years of Continuous Service . Except as provided herein , a Member may retire on his Normal Retirement Date or on the first day of any month thereafter . Each Member shall become 100% vested in his accrued retirement benefit on his Normal Retirement Date ." Section 2 . That Ordinance No . 132 of the City of Dania , Florida , which was adopted on final reading on February 22, 1977, be and the same is hereby amended by deleting in its entirety subparagraph lb of Section 3 of said Ordinance . Section 3 . That Ordinance No . 132 of the City of Dania , Florida , which was adopted on final reading on February 22, 1977 , be and the same is hereby amended by deleting in its entirety subparagraph 3a of Section 3, as amended by Ordinance No . 215, and inserting in lieu thereof the following : i i i i f I _ .. e Service ice Incurred An Member who receives a service connected a . injury , disease or disability, which injury, disease or disability permanently incapacitates him, physically or mentally from his regular and continuous duties as a Firefighter or Police Officer, shall receive in equal monthly installments an i amount equal to eighty percent ( 80% ) of his Average Monthly Earnings in effect as of the date of disability . The benefit shall be paid until the earlier of recovery from disability, as determined by the Board, or death . An optional form of benefit, providing death benefits, may be elected . The benefit shall be subject to the offset described in subparagraph (d ) below. In no event shall the amount of benefit payable from the Fund exceed sixty percent ( 60% ) of Average Monthly Earnings ." { Section 4 . That Ordinance No . 132 of the City of Dania , Florida, which was adopted on final reading on February 22, 1977, be and the same is hereby amended by deleting in its entirety subparagraph 3b of Section 3 f and inserting in lieu thereof the following : "b . Non-Service Incurred Any Member with one ( 1 ) year of Continuous Service who receives a non-service connected injury, disease or disability , and which injury, disease or disability permanently incapacitates him physically or mentally from gainful employment shall receive in equal monthly installments a benefit as i follows : — 1 . With at least one ( 1 ) year but less than two ( 2 ) years of Continuous Service - 40% of his Average Monthly Earnings in effect as of the date of disability . 2 . With at least two ( 2 ) years but less than three ( 3) years of Continuous Service - 45% of his Average Monthly Earnings in effect as of the date of disability . 3 . With at least three ( 3 ) years but less than four (4 ) years of Continuous Service - 50% of his Average Monthly Earnings in effect as of the date of disability . 4 . With at least four ( 4 ) years but less than five ( 5) years of Continuous Service - 55% of his Average Monthly Earnings in effect as of the date of disability . I —2— I e , 5 . With five ( 5 ) or more years of Continuous Service - 60% of his Average Monthly Earnings in effect as of the date of disability . Optional forms of benefits shall not be available, and the benefit shall be payable only until the earliest of commencement of Social Security disability benefits, recovery as determined by the Board, or death . In order to be eligible to receive this benefit , the disabled Member must submit proof satisfactory to the Board that he has applied for Social Security disability benefits ." Section 5 . That Ordinance No . 132 of the City of Dania , Florida, which was adopted on final reading on February 22, 1977, be and the same is hereby amended by substituting the words " seven percent ( 7%) " for the words " six percent ( 6%) " in subsection 2c of Section 2 and subsection la of Section 5 of said ordinance . Section 6 . That except as herein amended all other provisions of said Ordinance No . 132 shall remain in full force and effect . Section 7 . That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict . Section 8 . That this ordinance shall be in force and take effect > - immediately upon its passage and adoption on final reading . PASSED and ADOPTED on First Reading this 14th day of May , 1985. PASSED and ADOPTED on Second and Final Reading on this 25th day of June 1985. AYOR - COMMISSIONER I ATTEST : APPROVED FOR FORM ANFORMMAND CORRECTNESS : H(A N K G . AU L L H, GTTY-ATTUTREY- City of Dania, Florida -3- C • �.,, V .,h. h Vn,V I,. //-'V\ YIgGxOdG AOOPt10N OF THE FOLLOWING MI r NOTICE 3 DIIR NC E/V dVM Ilpl THE SUN-TATTLER aINS al k01 0.rIL RI'> OOM NHreONOr M MM M11M'RIRI W N•pr6 RM=Co -lNOG Nglnp M RM ly G1yTffo Established as The Hollywood Sun -January 4, 1935 v:;oR"nri !°'ROlae'�IIwM 1s D*rI Flame��n=HOLLYWOOD, BROWARD COUNTY, FLORIDA a nNo" a Me r IN°,es W111" AN 8qR1OMANCE OR THE CITY pR p/.MA,FLORIDA,AMENU� WG ORONARCc N0. 132 AS PASfEO AND AOOFTEO 0" .lNYAU RE'O YON FEEIIIF STATE OF FLORIDA TIIE N'�bliAuiErIR N COUNTY OF BROWARD vAEuls TO AD % N Julie Bates V Before the undersigned authority persatally appeared fvERRv«EAiNQ R1�D.DIM�3� ITY EEWRIT FR M v who on oath says (he/she) is Classified Manager To %oFAvwA TN LV ARNRIOS LES*f WOR ' CO NATION AND lh of THE SUN-TATTLER, a daily newspaper published at Hollywood in Broward L"•1REc 10110,LITVIINlNifn, County, Florida; that the attached copy of advertisement, being a Notice °AND �Lyi�pe��yl°I T r�`f♦tyODI�% SERVICE IMCVRRED pfAEG• MY lENEF17 M M %%% OF Of Hearing AVERAGE MONTHLY. EAIIF AND$ TO 40% AFTER N ^�, YEAR OF CONTMUOUS 3!R �� VXCE,e %AFTER TWO YEARS* in the matter of City of CONTINUOUS US% AP- in the Comm. Room $ ## f!%AFTER INOUSSEREHY s CTERR FOUR YEARS Of CONTIIH R_ 1985 Tin SERVICE vY 0% F- was published in said newspaper in the issue of MaY� TA E SEV,YEARS AND MAN. AM NOAEG�CLEL/T°TM ER FROVDIONS OF SAID DRAW NANCE NO. 17 SHALL Ali- -TATTLERisanew apLr published at MARK IN FIL FDRHAAND Attianl(urthcrsaysthallhesaidSUN EFFICT: AO RMNG said Broward County,Florida,and that the said newspaper hasheretoforebeencontinuously ALL ORDMANClfPARTS OF ORDINANCES AND ALL published in said Broward County, Florida,each week and has been entered as second class RESOLUTION$ OR FARTS OF RESOLUTIONS M CONFLICT IIAXTENAV matter at the post office in Hollywood in said County, Florida, for a period of one year next HEREWITH TO T16 AND P00- OF HEREWITH CONFETTI ANO MO preceding the first publication of the attached copy of advertisement: and af[ianl further A I"� $ ALL VMS °P" says that he has neither paid nor promised any person, Sinn or corporation any discount. F !AND TAKE EFREaw- ME TELY UPON ITS FAY 1� rebate,commission or refund for the purpose of securing this advertisement for publication FAA, K RA[A"oRlA000►TIDN ON in the said newspa r. ppIRN1��1I1A�� TlArary AN 0 OF MO RIDA AM INO CHA TER IM5�r�OF E � lAD"�� YAM/MDN•• lT LHTD 0� RA��r AMlNOIMO fECT10N SY/7 I TIERIOF ENTRLEO OI4 S o an subsc � e before m 'uaIDN oN souNDRAD l Ap TRAIM HORNS MD. 1 WNI1TLEf S TWEEN M • da 0 .D. ,� HAAMMS OF I{OyE�.fAEL IIM! CONFORM TO FL CORTIOOAN I A>� NOTARY f UBLIC TRAM HDltss ArwlRsrka3 I NOTARY PUBLIC S ' OF.FLOR IDA AT LARGE fOLrtrI�,ADYA DF Nv ` (SEAL) PUSLT A HORAO! GfotNNO i fdY CO',L'/.I SSIO� EY,F G.ES JAIJ 14 1986 WDMN vrt urY AHO ro ppEE-- SUSECTION I OF IN E- II IIKRE- OR IN ITS[M !T I TION, I C- @OND.0 IIIKJ Crt I:W,L Ifij . 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