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Home My Public Portal About2002-07 Amending the Village Code Chapter 28 Retirement re DisabilityORDINANCE NO. 2002-7 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 28 "RETIREMENT," BY AMENDING SECTION 23-38 "DISABILITY," TO PROVIDE ENHANCED DISABILITY RETIREMENT BENEFITS FOR PLAN MEMBERS INJURED IN THE LINE OF DUTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Retirement Plan (the "Plan") for the Village's police officers and firefighters has provisions providing for comprehensive benefits in case of disability of police officers or firefighters; and WHEREAS, at a cost of approximately Thirty Nine Thousand Four Hundred Seventy Five Dollars ($39,475) annually, the Village of Key Biscayne (the "Village") previously provided a limited form of disability insurance for police and firefighters; and WHEREAS, representatives of the members of the Plan have requested that the Village provide assistance to the Plan for purposes of increasing the disability benefit of the Plan from the present 42% of average final pay to 70% of average final pay ("AFP") for Line of Duty ("LOD") Disability and from the present 25% AFP to 50% AFP for non LOD Disability (with a reduction in qualifying years of service)for police officers and firefighters, and has further requested additional funds of approximately Thirty One Thousand Eight Hundred Fifty Seven Dollars ($31,857) so as to fully cover the annual cost of the Plan's increased disability benefit at a total cost of approximately Seventy One Thousand Three Hundred Thirty Two Dollars ($71,332); and WHEREAS, the Village Council finds that, as an enhanced replacement for disability insurance, it desires to provide funding for the disability benefit of the Plan commencing September 1, 2002. NOW THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, THAT: Section 1. The above recitals are true and correct and incorporated herein by this reference. Section 2. The Village Code of the Village of Key Biscayne, Florida is hereby amended by amending Chapter 23 "Retirement," at Section 23-38 "Disability," to read as follows:' Section 23-38. 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 70 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 five (5) 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 / Additions to existing text are indicated by underline; deletions are indicated by strikethrotter satisfaction of the Board, be entitled to his accrued pension benefit as of the date of disability, but not less than 50 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 3. 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 4. 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 5. Effective Date. Following adoption on second reading, this Ordinance shall take effect on October 1, 2002. PASSED AND ADOPTED on first reading this 2nd day of July , 2002. PASSED AND ADOPTED on second reading this 27th day of 2002. R MAYOR JOE I. RASCO A ES CHITA H. ALVAREZ, CMC, VILLAGE CL APPROVED AST • F • RM AND LEGAL SUFFICIENCY: cam. RICHARD AY W SS, VILL • s ATTORNEY 103001 \ordinances\enhanced di'.• .ility retirement benefits 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 SOOKIE WILLIAMS, who on oath says that he or she is the VICE PHESiDEN;", 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 advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE - MEETING - 8/27/02 ORD. AMENDING CHAPTER 28 "RETIREMENT", ETC. in the XXXX Court, was published in said newspaper in the issues of 08/15/2002 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 atta i - - - - "y of advertisement; and affiant further says that he or s -has nei er paid nor promised any person, firm or corporation , rebate, commission or refund for the purpose this advertisement for publication in the said • (SEAL) P .} � � \:lNrd.� �'��l�..iii iF tii� 6i3�6�0 SOOKIE WILLIAMS person I aovvir.:10, e EXPIRES: "arch 4, 2004 eor'ivd ihru Notary Public Underwriters Notice is hereby given that the -WI —wig oramnoe Aloe , on.Second leadinct by tb*AlageAmPaitarifieviaiiik a at a meeting to be held on Tuesday, A et 27, 2002 at 7: Council Chamber, located at 85 West a ' , 43iscayne, Florida: , :1 AN -ORDINANCE OF THE VILLAGE OF " KEY- BISCAYNE, FLORIDA, AMENDING THE VILLAGE • . E;BY AMENDING.;. CHAPTER 28 "RETIREMENT," BY AMENDING SECTION 23- 38`"DISABILITY," TO PROVIDE ENHANeED DISABIt Y RE --J TIREMENT BENEFITS FOR PLAN MEMBERS INJURED II(4 THE LINE OF DUTY; PROVIDING FOR IL ; PRO- : , VIDING FOR INCLUSION IN THE CODE; PROVIDINGFDR li►R EFFECTIVE DATE. ./ .F - The proposed Ordinance may be insi le by the publfib atI th sof' the Village Clerk. Interested parties may ap rot!'te'ulic h-iaria/£etsl be heard with respect to -the proposed Ordnance. Any,persod wishing to address the Village Council on, any item atthit 'Piiblietiettinitifitsicedto register with the Village Clerk prior to that itera`being heard. f'( • �v - In accordance with the Americans With l3i in idesAct of 1990, an pr- sons who are disabled and who need sped i+ctterttrc lttiront ttiOMICi- pate,in this proceeding because of that disat#ity-sOOLdr a it the tt ce of the Village Clerk, 91 West McIntyre -S , $u1 e., ., 8Y -III , 'Florida 33149, telephone number (305) 31mgyig vliater bycobusi- ness days prior to such proceeding. -Should any, person desire to appeal decision ofd CourtiI • with respect to any matter to be conside edat-this•meeting, that•i shall insure that a verbatim record Of the proceedings is made including all testimony and evidence upon which any appeal may be based (PS. 286.0105). Comments of any interested party relative to this matter may be submit- ted in writing and or presented in person at the public hearing. Conchita H. Alvarez, CMC Village Clerk 8/15 02.4-40/283267M 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 he or 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 advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE - MEETING - 8/27/02 ORD. AMENDING CHAPTER 28 "RETIREMENT", ETC. in the XXXX Court, was published in said newspaper in the issues of 08/15/2002 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 affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount rebate, commissio • r refund for the purpose of securin• is advertisem or p •lication in the said newsp (SEAL) o and subscribed before me this , A.D. 002 ,�`ti"• "Y MARIA I. MESA ,. MY COMMISSION # CC 885640 OCTELMA = "'= _ ' RE P fali4etatia$ 89( me ,Rr:fh; Bon Thru Notary Public Undornrriters VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE Notice is hereby given that the following ordinance will be considered on Second Reading by the Village Council of the Village of Key Biscayne at a meeting to be held on Tuesday, August 27, 2002 at 7:00 p.m., in the Council Chamber, located at 85 West McIntyre Street, Second Floor, Key Biscayne, Florida: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 28 "RETIREMENT," BY AMENDING SECTION 23- 38 "DISABILITY," TO PROVIDE ENHANCED DISABILITY RE- TIREMENT BENEFITS FOR PLAN MEMBERS INJURED IN THE LINE OF DUTY; PROVIDING FOR SEVERABILITY; PRO- VIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. The proposed Ordinance may be inspected by the public at the Office of the Village Clerk. Interested parties may appear at the Public Hearing and be heard with respect to the proposed Ordinance. Any person wishing to address the Village Council on any item at this Public Hearing is asked to register with the Village Clerk prior to that item being heard. In accordance with the Americans With Disabilities Act of 1990, all per- sons who are disabled and who need special accommodations to partici- pate in this proceeding because of that disability should contact the Office of the Village Clerk, 91 West McIntyre Street, Suite 203, Key Biscayne, Florida 33149, telephone number (305) 365-5506, not later than two busi- ness days prior to such proceeding. Should any person desire to appeal any decision of the Village Council with respect to any matter 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 may be based (F.S. 286.0105). Comments of any interested party relative to this matter may be submit- ted in writing and or presented in person at the public hearing. Conchita H. Alvarez, CMC Village Clerk 8/15 02-4-40/283267M