The URL can be used to link to this page

Home My Public Portal About2000-11 Amending Ordinance 97-21 re Police and Firefighter's Retirement PlanORDINANCE NO. 2000-11 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING ORDINANCE NO. 97-21 WHICH PROVIDED FOR THE ADOPTION OF THE POLICE OFFICERS AND FIREFIGHTER'S RETIREMENT PLAN FOR THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida State Legislature in its 1999 session amended Chapters 175 and 185 of the Florida Statutes revising the requirements for police and firefighter pension funds receiving state monies, and WHEREAS, Chapters 175 and 185, Florida Statutes, require compliance by all police and firefighter pension plans receiving state funding, and WHEREAS, the Village of Key Biscayne receives state funds and must comply with Chapters 175 and 185, and WHEREAS, the proposed ordinance amending the Police Officers and Firefighters Retirement Plan (the "Plan") has been approved and recommended by the Plan's Board of Trustees; NOW THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, THAT: Section 1. Section 8 of the Plan is hereby amended by deleting the stricken through language and adding the underlined language as follows: Sec. 8. DISABILITY. (a) Disability Benefits On -Duty Each Member who shall become totally and permanently disabled to the extent that he is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a Police Officer or Firefighter which disability was directly caused by the performance of his duty as a Police Officer or Firefighter shall, upon establishing the same to the satisfaction of the Board, be entitled to a monthly pension equal to his accrued pension benefit as of the date of disability. but not less than 42 percent of his or her average monthly salary at time of disability. Such accrued pension shall be payable at his otherwise early or normal retirement date. Any condition or impairment of health of a Member caused by tuberculosis, hypertension, heart disease, or hardening of the arteries shall be presumed to have been suffered in line of duty unless the contrary is shown by competent evidence, provided that such Member shall have successfully passed a physical examination upon entering into such service, including cardiogram, 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. (b) Disability Benefits Off -Duty Each Member with ten (10) years or more of Credited Service who shall become totally and permanently disabled to the extent that he is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a Police Officer or Firefighter which disability is not directly caused by the performance of his duties as a Police Officer or Firefighter shall, upon establishing the same to the satisfaction of the Board, be entitled to his accrued pension benefit as of the date of disability. but not less than 25 percent of his or her average monthly salary at time of disability. Such accrued pension shall be payable at his otherwise early or normal retirement date. Section 2. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. Inclusion in the Code. It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the Village of Key Biscayne; that the sections of this 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. Effective Date. This Ordinance shall be adopted upon second reading and shall be effective from and on December 31, 1999. PASSED AND ADOPTED on first reading this 29th day of August, 2000. PASSED AND ADOPTED on second reading this 26th day of September, 2000. MAYOR JOE I. RASC CHITA H. ALVAREZ, CMC, VILLAGE APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD AY WFI�SS, VIIA4AGE ATTORNEY MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami - Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE ORDINANCE AMENDING ORDINANCE NO. 97-21 ETC. SEPTEMBER 26, 2000 in the XXXXX Court, wt published in sannpaper in the issues of Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami - Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and her paid nor promised scount, rebate, corn - curing this advertise - per. affiant further says that she ha any person, fir r corp, mission or r n • for ment for p • lica 14 (SEAL) on any rpose of s said new etpt e S"Derr Octelma V. Ferbeyre personally mete s000 A.D OTFIEZI S rnown to m4ANETT LLERENA NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC 912958 MY COMMISSION EXP. JUNE 23,2004 VILLAGE OF KEY BISCAY E OFFICE OF THE VILLAGE CLERK IPUIMIC NOTICE Notice is he even that tt followingord r nce wilbeconsiderecion Si Fleading the Key -Biscayne Village Council at a meeting to be held On Tuesday, September 26, 2000 at 7:00 p.m., in the Council Chem- _ ber, located at 85 West McIntyre Street, Second Floor, Key Biscayne, Flor- ida: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING ORDINANCE NO. 97-21 WHICH PRO- VIDED FOR THE ADOPTION OF THE POLICE OFFICERS AND FIREFIGHTER'S SENT PLAN FOR THE VIL- LAGE OF KEY .BISCAYNE; PROVIDING FOR : fNRRA8tl1- TY; BOG FO Rte' IME r 11 DI NG -iFOR ItE DATE Interested parties are invited to appear and be heard. A copy of the pro- posed ordinance maybe obtained at -Wage Hall, Office of the Village Clerk, 91. West McIntyre Street, Suite 203, Key Biscayne, Florida 33149. In accordance with the Americans With Disabilities Act of 1990, all per- sons who are disabled and whoferd s partici- pate in this proceeding because of that disability should contact the Office ,of the Village -Clerk, 91 West Mcdntyre Street, Suite 203, l ay Biscayne, Florida 33149, telephone number (305) 365-5506, not later than two busi- ness days prior to sucb.proceecting. Should any person desire to appeal any decision of the Village Council with respect to anymatter"to be considered at this meeting, that person ' shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal maybe based (F. S. 286- 0105). 9/14 Conchita H. Alvarez, CMC Village Clerk 00-4-50/90223M