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HomeMy Public PortalAbout1749-Fire RetirementORDINANCE: 1749 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA; AMENDING THE CITY OF CRESTVIEW POLICE OFFICERS' AND FIREFIGHTERS' RETIREMENT PLAN, ADOPTED BY ORDINANCE NO. 1027, AS SUBSEQUENTLY AMENDED, TO IMPLEMENT THE CONCLUSIVE FIREFIGHTER CANCER PRESUMPTION ESTABLISHED BY SECTION 112.1816, FLA. STAT., AND REBUTTABLE DISEASE PRESUMPTIONS UNDER SECTIONS 112.18, 112.181, 175.231 AND 185.34, FLA. STAT., FOR PUBLIC SAFETY OFFICERS; CREATING SECTION 7.4 OF THE PENSION PLAN RELATING TO PRE -RETIREMENT DEATH BENEFITS; AMENDING SECTION 8.2 OF THE PENSION PLAN RELATING TO IN -LINE -OF DUTY DISABILITY BENEFITS; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, after years of study, the National Institute for Occupational Safety and Health (NIOSH) concluded that firefighters are at a higher risk of developing twenty-one enumerated types of cancer. WHEREAS, the Florida Legislature, in recognition of this elevated cancer risk, has created a conclusive duty -related cancer presumption. WHEREAS, Senate Bill 426 (SB 426) amends Chapter 112, Florida Statutes, by creating Section 112.1816, governing disability and death benefits for firefighters. WHEREAS, SB 426 governs all firefighter pensions in Florida. WHEREAS, Chapters 112, 175 and 185, Florida Statutes, establish rebuttable presumptions for firefighters and law enforcement officers in cases of heart disease, hypertension, tuberculosis, meningococcal meningitis, and hepatitis. WHEREAS, the Board of Trustees of the City of Crestview Police Officers' and Firefighters' Retirement Plan has prepared this ordinance to implement the statutory presumptions in Chapters 112, 175, and 185, Fla. Stat, including SB 426, effective July 1, 2019. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CRESTVIEW, FLORIDA, THAT: Section 1: Section 7.4 of the City of Crestview Police Officers' and Firefighters' Retirement Plan is hereby created to read as follows: SECTION 7. PRE -RETIREMENT DEATH. 7.4 In -Line of Duty Presumptions. A. Rebuttable presumptions: The provisions of Sections 112.18, 112.181, 175.231, and 185.34, Fla. Stat., are hereby codified within the Plan and are intended to be incorporated by reference. The Board of Trustees shall adopt uniform administrative rules for the conduct of hearings relating to these rebuttable presumptions and for the determination of any disqualifying events reflected in Chapters 112, 175, and 185 Fla. Stat. B. Conclusive cancer presumption: The provisions of Section 112.1816, Fla. Stat., are hereby codified within the Plan and are intended to be incorporated by reference. The Board of Trustees shall adopt uniform administrative rules relating to this presumption and for the determination of any disqualifying events as reflected in Chapters 112, 175 and 185, Fla. Stat. Section 2: Section 8.2 of the City of Crestview Police Officers' and Firefighters' Retirement Plan is hereby amended to read as follows: SECTION 8. DISABILITY. 8.2. In -Line of Duty Presumptions. A. Rebuttable Presumption: Any condition or impairment of health of a Police Officer or Firefighter caused by hypertension or heart disease shall be presumed to have been suffered in line of duty unless the contrary is shown by competent evidence, provided that such Police Officer or Firefighter shall have successfully passed a physical examination upon entering into such service, including cardiogram for Police Officer Members, which examination failed to reveal any evidence of such condition; and provided further, that such presumption shall not apply to benefits payable or granted in a policy of life insurance or disability insurance. The provisions of Sections 112.18, 112.181, 175.231, and 185.34, Fla. Stat., are hereby codified within the Plan and are intended to be incorporated by reference. The Board of Trustees shall adopt uniform administrative rules for the conduct of hearings relating to these rebuttable presumptions and for the determination of any disqualifying events reflected in Chapters 112, 175, and 185, Fla. Stat. B. Conclusive cancer presumption: The provisions of Section 112.1816, Fla. Stat., are hereby codified within the Plan and are intended to be incorporated by reference. The Board of Trustees shall adopt uniform administrative rules for the conduct of hearings relating to this presumption and for the determination of any disqualifying events as reflected in the statute. Additional Presu,ption Effective run,,ary i ions tho p..,,..,.ided for i , Section 112.181, Flo ''ems -amended -fro time, orated herein by reference - Section 3: It is the intention of the City Council, 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 Crestview, that the sections of the Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 4: If any clause, section, or other part or application of this Ordinance shall be held in any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and shall not affect the validity of the remaining portions or applications which shall remain in full force and effect. Section 5: All ordinances or parts of ordinances, resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 6: This Ordinance shall become effective immediately upon adoption, unless otherwise provided. •ffn PASSED on first reading by the City Council of the City of Crestview, Florida, this day of 're..-4/1 , 2020. PAS ED AND ADOPTED on the second reading by the City Council of the City of Crestview, Florida, this 3- day of f21 L , 2020. JB Whitten MAYOR Attest: Elizabeth Roy, City Clerk Coding: Words in strikeout type are deletions from existing text. Words in underline type are additions.