HomeMy WebLinkAboutO-2020-001 Amending Sec. 18-42 Police and Fire Pension to Comply with State Law Regarding Cancer BenefitORDINANCE NO.2020-001
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 18, ENTITLED "PENSIONS
AND RETIREMENT", ARTICLE IV, ENTITLED POLICEMEN AND
FIREMEN", SECTION 18-42, ENTITLED "BENEFIT AMOUNTS AND
ELIGIBILITY" OF THE CITY CODE OF ORDINANCES RELATING TO THE
POLICE AND FIREFIGHTERS' RETIREMENT SYSTEM; AMENDING THE
ORDINANCE IN ORDER TO BE IN COMPLIANCE WITH CHAPTER 2019-
21, LAWS OF FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the 2019 Florida Legislature enacted Chapter 2019-21, Laws of Florida,
which mandates certain amendments which need to be made to the City's Police and
Firefighters' Retirement System Ordinance; and
WHEREAS, an amendment to the City code is necessary to comply with the law; and
WHEREAS, the trustees of the City of Dania Beach Police & Firefighters' Retirement
System have approved the amendment as being statutorily required and as being in the best
interests of the System's participants and beneficiaries as well as improving the administration of
the plan; and
WHEREAS, the City Commission has received and reviewed the actuarial impact
statement concerning the cost impact of the amendment prepared by the Retirement System's
actuary;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. Chapter 18, entitled "Pensions and Retirement", Article IV, entitled
"Policemen and Firemen", Section 18-42, entitled `Benefit Amounts and Eligibility", of the
Dania Beach City Code of Ordinances is amended to read as follows:
Sec. 18-42. - Benefit amounts and eligibility.
(3) DISABILITY.
(a) Service incurred. Any member who receives a service -connected
injury, disease or disability, which injury, disease or disability
permanently incapacitates the member, physically or mentally from the
member's regular and continuous duties as a firefighter or police officer
shall receive a monthly disability benefit equal to the greater of the
member's accrued retirement benefit or sixty-eight (68) percent of the
member's average monthly earnings in effect as of the date of disability
for a disabled firefighter and the greater of the member's accrued
retirement benefit or sixty (60) percent of the member's average monthly
earnings in effect as of the date of disability for a disabled police officer.
The disability shall be paid until recovery from disability or if the member
does not recover, death. An optional form of benefit, providing death
benefits, may be elected.
As provided and subject to the limitations in section 112.1816, Florida
Statues, effective July 1, 2019, a firefighter as defined in section
112.1816(1), Florida Statutes) who is a Retirement Plan member shall be
considered to be totally and permanently disabled in the line of duty if he
or she meets the Plan's definition of Totally and Permanently Disabled
due to a diagnosis of cancer (as defined in section 112.1816(1), Florida
Statutes) or due to circumstances that arise out of the treatment of such
cancer as defined and prescribed in Section 112.1816(1), Florida
Statutes).
Section 2. Chapter 18, entitled "Pensions and Retirement", Article IV, entitled
"Policemen and Firemen", Section 18-42, entitled `Benefit Amounts and Eligibility", of the
Dania Beach City Code of Ordinances is amended to read as follows:
Sec. 18-42. - Benefit amounts and eligibility.
(4) PRERETIREMENT DEATH.
(e) Cancer Presumption. As provided and subject to the limitations in
section 112.1816, Florida Statutes, effective July 1, 2019, a
firefighter as defined in section 112.1816(1), Florida Statutes)
who is a Retirement Plan member shall be considered to have died
in the line of duty if he or she dies as a result of cancer (as defined
in section 112.18160 ), Florida Statutes) or circumstances that
arise out of the treatment of such cancer (as defined and prescribed
in section 112.1816(1), Florida Statutes).
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Section 3. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 4. That all ordinances or parts of ordinances and all resolutions or parts of
resolutions in conflict with this Ordinance, are repealed to the extent of such conflict.
Section 5. That this Ordinance shall take full effect retroactive to July 1, 2019,
immediately upon its passage and adoption.
PASSED on first reading on December 10, 2019.
PASSED AND ADOPTED on second reading on January 14, 2020.
ATTEST:
34'��`
THOMAS SCHNEIDER, CMC
CITY CLERK
APPROVED AS T(� FORM AND CORRECTNESS:
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THOMAS J. ANSBRO
CITY ATTORNEY
3 ORDINANCE #2020-001