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 :
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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
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AN 8qR1OMANCE OR THE CITY
pR p/.MA,FLORIDA,AMENU�
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PASfEO AND AOOFTEO 0"
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STATE OF FLORIDA TIIE N'�bliAuiErIR N
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Julie Bates V
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