Ordinance 35-2019 Retirement ORDINANCE NO. 35-2019
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PALM BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING
CHAPTER 82 OF THE TOWN CODE OF ORDINANCES
RELATING TO PERSONNEL, AT ARTICLE II, EMPLOYEE
BENEFITS, DIVISION 2, RETIREMENT SYSTEM; AMENDING
SUBDIVISION I, IN GENERAL, BY AMENDING SECTION 82-54,
CREDITED SERVICE; LOSS OF CREDITED SERVICE;
REINSTATEMENT OF CREDITED SERVICE; AMENDING
SECTION 82-57, BOARD OF TRUSTEES; ADMINISTRATIVE
DUTIES; INVESTMENT OF RETIREMENT SYSTEM ASSETS;
AMENDING SUBDIVISION II, RESERVE ACCOUNTS, BY
AMENDING SECTION 82-80, MEMBER CONTRIBUTIONS;
AMENDING SUBDIVISION III, FIREFIGHTERS, BY AMENDING
SECTION 82-94, RETIREMENT AGE AND SERVICE
CONDITIONS FOR FIREFIGHTERS; SECTION 82-96, OPTIONAL
FORMS OF PAYMENT OF A PENSION FOR FIREFIGHTERS;
SECTION 82-99,DEFERRED RETIREMENT OPTION PROGRAM;
SECTION 82-101, DUTY DISABILITY SPECIAL PROVISIONS;
AND SECTION 82-106, DUTY DISABILITY SPECIAL
PROVISIONS; AMENDING SUBDIVISION IV, POLICE
OFFICERS, BY AMENDING SECTION 82-114, RETIREMENT
AGE AND SERVICE CONDITIONS FOR POLICE OFFICERS;
SECTION 82-116, OPTIONAL FORMS OF PAYMENT OF A
PENSION FOR POLICE OFFICERS; SECTION 82-121, DUTY
DISABILITY SPECIAL PROVISIONS; AND SECTION 82-126,
DUTY DEATH SPECIAL PROVISIONS; AMENDING
SUBDIVISION V, GENERAL EMPLOYEES AND LIFEGUARDS;
BY AMENDING SECTION 82-136, OPTIONAL FORMS OF
PAYMENT OF A PENSION FOR BENEFIT GROUP GENERAL
AND BENEFIT GROUP LIFEGUARD; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES
IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM
BEACH, PALM BEACH COUNTY, FLORIDA,AS FOLLOWS:
Section 1. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 82, Personnel; Article II, Employee Benefits; Division 2, Retirement
System; Subdivision I. —In General; by amending Section 82-54 to read as follows:
Sec. 82-54. - Credited service; loss of credited service; reinstatement of credited
service.
(d) Unless otherwise prohibited by law, a vested member who has not purchased service
credit under section 82-64, may purchase years or fractional parts of years of service to be
added to years of credited service provided that:
(1) The member contributes to the retirement system the sum that would have been
contributed, based on the applicable employee contribution rate in effect at the
time that the credited service is requested for the years or fractional parts of
years for which the credit is requested,plus payment of costs for all professional
services rendered to the board in connection with the purchase of years of
credited service,plus the amount actuarially determined so that the crediting of
service does not result in any costs to the retirement system.
(2) Payment by the member of the required amount may be made within six months
of the request for credit and in one lump sum payment, or over a period equal
to the length of time being purchased or five years, whichever is less, at an
interest rate which is equal to the interest rate determined under section 82-65.
No credit shall be given for any service until all years of service which are to
be purchased,have been purchased. The required purchase amount may be paid
through payroll deduction, in which case the contributions shall be designated
as employer contributions pursuant to section 414(h) of the Internal Revenue
Code, and excluded from the member's gross income for federal income tax
purposes. For all other purposes of the plan, such contributions shall be
considered to be member contributions. No member shall have the option of
choosing to receive the contributed amounts directly instead of having them
paid by the city to the fund.
Section 2. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 82, Personnel; Article II, Employee Benefits; Division 2, Retirement
System; Subdivision I. —In General; by amending Section 82-57 to read as follows:
Sec. 82-57. - Board of trustees; administrative duties; investment of retirement
system assets.
* * *
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purpose of facilitating the transfer of contracts, investment holdings, assets and
established pursuant to subsection(b)above.During the period prior to April 1,2012,
retirement plans shall continue to:
Ord No 35-2019 2
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make recommendations regarding the selection of money managers. These
prior to the date of such meetings.
Section 3The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 82, Personnel; Article II, Employee Benefits; Division 2, Retirement
System; Subdivision II. — Reserve Accounts; by amending Section 82-80 to read as
follows:
Sec. 82-80. —Reserve for member contributions.
(d) Notwithstanding the provisions of subsection(c) above:
(1) The member contribution rate for benefit group police officer members and
non-bargaining unit benefit group firefighter members who were employed but
did not attain nonnal retirement eligibility based on credited service as of May
1, 2012, excluding credited service purchased pursuant to section 82-54, and
benefit group police officer members and non-bargaining unit benefit group
Ord.No.35-2019 3
firefighter members hired on or after May 1, 2012, effective the first full pay
period after October 1,2016 shall be ten percent of compensation. The member
contribution rate for such members shall be subject to adjustment the first full
pay period following October 1, 2017 and the first full pay period following
October 1, 2018 of each year thereafter based on the investment performance
of the retirement system, as set forth in subsection(e)below. Effective the first
full pay period after October 1, 2019, the member contribution rate for benefit
group police officer members and non-bargaining unit benefit group firefighter
members shall be eight and one-half percent of compensation.
Section 4. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 82, Personnel; Article II, Employee Benefits; Division 2, Retirement
System; Subdivision III. —Firefighters; by amending Section 82-94 to read as follows:
Sec. 82-94. —Retirement age and service conditions for firefighters.
* * *
(b) The age and service conditions for normal retirement are as follows:
(1) Members who attained normal retirement eligibility based on credited service
as of May 1,2012,excluding credited service purchased pursuant to section 82-
54, and who were employed by the town and not participating in the DROP on
that date, shall be eligible for normal retirement upon attaining age 50 with ten
or more years of credited service; or when the member's age to last completed
month plus credited service totals 65 years or more and the member has ten or
more years of credited service; or when the member has 20 or more years of
credited service.
(2) Members who did not attain normal retirement eligibility based on credited
service as of May 1, 2012, excluding credited service purchased pursuant to
section 82-54, and who were employed by the town and not participating in the
DROP on that date, shall be eligible for normal retirement upon attaining age
50, or when the member's age to last completed month plus credited service
totals 65 years or more, or upon completion of 20 years of credited service
regardless of age, and upon such retirement shall be eligible to receive the
frozen accrued benefit based on credited service and average final
compensation on April 30, 2012. Such members shall be eligible to receive the
accrued benefit based on credited service on and after May 1, 2012 upon
attaining age 65 with ten or more years of credited service.
(3) Members hired on or after May 1, 2012, shall be eligible for normal retirement
upon attaining age 65 with ten or more years of credited service.
(4) Notwithstanding the provisions of paragraphs (2) and (3) above, effective
October 1, 2016, non-bargaining unit members who did not attain normal
retirement eligibility based on credited service as of May 1, 2012, excluding
credited service purchased pursuant to section 82-54, and who were employed
Ord.No 35-2019 4
by the town and not participating in the DROP on that date,and non-bargaining
unit members hired on or after May 1, 2012, shall be eligible to receive the
accrued benefit based on credited service on and after May 1, 2012 upon
attaining age 56 with ten or more years of credited service. The provisions of
this paragraph shall apply to non-bargaining unit members who are
participating in the DROP on October 1, 2016, and to non-bargaining unit
members who retire or enter the DROP on or after that date, but shall not apply
to non-bargaining unit members who retired or separated from employment
before October 1, 2016.
(5) Notwithstanding the provisions of paragraphs (2) and (3) above, effective
August 12,2017 bargaining unit members who did not attain normal retirement
eligibility based on credited service as of May 1, 2012, excluding credited
service purchased pursuant to section 82-54, and who were employed by the
town and not participating in the DROP on that date, and bargaining unit
members hired on or after May 1, 2012, shall be eligible to receive the accrued
benefit based on credited service on and after May 1, 2012 upon attaining age
56 with ten or more years of credited service.
(6) Notwithstanding the provisions of paragraphs (2), (3) and (4) above, effective
October 1, 2019, non-bargaining unit members who did not attain normal
retirement eligibility based on credited service as of May 1, 2012, excluding
credited service purchased pursuant to section 82-54, and who were employed
by the town and not participating in the DROP on that date,and non-bargaining
unit members hired on or after May 1, 2012, shall be eligible to receive the
accrued benefit based on credited service on and after May 1, 2012 upon
attaining age 55 with ten or more years of credited service, or age 52 with 25
years of service. The preceding sentence shall apply to non-bargaining unit
members who are participating in the DROP on October 1, 2019, and to non-
bargaining unit members who retire or enter the DROP on or after that date, but
shall not apply to members who retired or separated from employment before
October 1, 2019.
Section 5. The Code of Ordinances of the Town of Palm Beach is hereby amended at
Chapter 82, Personnel; Article II, Employee Benefits; Division 2, Retirement System;
Subdivision III. — Firefighters; by amending Section 82-96 to read as follows:
Sec. 82-96. - Optional fowls of payment of a pension for firefighters.
(c) A firefighter may elect to receive the accrued benefit based on credited service on
and after May 1,2012 as follows: The member may elect to receive a reduced pension
for life, and upon the retirant's death 100 percent, 75 percent, 66 2/3 percent or 50
percent of the reduced pension is paid to the beneficiary, if living, designated in
writing and filed with the board at the time of election of the optional form of
payment. Payment to the designated beneficiary shall terminate upon the death of the
designated beneficiary. The amount of the reduced pension payable to the retirant
Ord No.35-2019 5
shall reflect an actuarial reduction in the standard form of payment based on the age
of the member and the age of the beneficiary, such that the total value of the benefit
payable to the retirant and beneficiary is actuarially equivalent to the standard form
of payment to the retirant. The election of an optional form of payment under this
subsection (c) must be in writing and filed with the board upon separation from
employment and in no event later thanprior to the date retirement is effective.
Payment will be made under the standard form of payment if a timely election of an
optional form of payment is not made.
Section 6. The Code of Ordinances of the Town of Palm Beach is hereby amended
at Chapter 82, Personnel; Article II, Employee Benefits; Division 2, Retirement System;
Subdivision III. —Firefighters; by amending Section 82-99 to read as follows:
Sec. 82-99. —Deferred retirement option program for firefighters.
(d) Compensation for work performed while participating in the DROP. Starting pay
shall be at the base pay rate in effect on the employee's last working day of
employment, prior to participation in the DROP. Job performance will be evaluated
under the town's pay for performance system, and performance pay increases will be
permitted as established by town policy. General pay increases shall also be awarded,
as approved by the town council and the town manager. The base pay rate for DROP
participants who are authorized by the town manager to extend DROP participation
for up to 36 calendar months beyond the 60-month period shall be the rate of pay in
effect at the end of 60-month DROP period; and that rate shall not be eligible for
performance pay increase, general pay increases approved by the town council, or
future Longevity Pay or Longevity Bonuses. Performance pay increases and general
pay increases awarded to DROP participants will be reflected in their salary but will
not be reflected in pension payments made to DROP accounts or made after DROP
participation.
* * *
(7) DROP participants shall not be eligible for disability retirement benefits as
provided in sections 82-100 or 82-101, except as provided in this paragraph
below. In the event a DROP participant becomes incapacitated for employment
by the town as defined under sections 82-100 or 82-101,the DROP participation
will terminate, and the former DROP participant will elect one of the
alternatives under subsection(d)(5)b.of this section.Notwithstanding any other
provision of this paragraph, a DROP participant who is initially diagnosed with
cancer, as defined in section 112.1816(1), Florida Statutes, during DROP
participation and on or after July 1, 2019, and is determined to be wholly
prevented from rendering useful and efficient service as a firefighter, and likely
to remain so disabled continuously and permanently in accordance with section
82-100(a)by reason of such cancer or the treatment thereof, shall be eligible for
duty disability benefits pursuant to section 82-101. If a DROP participant elects
to receive duty disability benefits as the result of an initial diagnosis of cancer,
Ord No.35-2019 6
DROP participation will terminate, and the former DROP participant shall
receive payment of his or her accumulated DROP benefits in accordance with
subsection (d)(5)b. Thereafter, the former DROP participant's retirement
benefit shall be the greater of sixty percent of monthly average final
compensation, or his/her monthly benefit at the time of disability.
(e) Death benefits under the DROP.
(1) Upon the death of a DROP participant, the named beneficiary shall be entitled
to apply for and receive the accrued benefits in the DROP as provided under
subsection(d)(5)b. of this section.
(2) The pension benefit paid to the DROP during the month of a DROP
participant's death shall be the final pension benefit accrued for such DROP
participant.
(3) Eligibility to participate in the DROP terminates upon the death of a DROP
participant. If the DROP participant dies on or after the effective date of
enrollment in the DROP,but prior to the first monthly benefit being credited to
the DROP, retirement system benefits shall be paid in accordance with section
82-103.
(4) A DROP participant's survivor shall not be eligible for retirement system death
benefits as provided in section 82-104.
(5) Notwithstanding any other provision of this subsection (e), if a DROP
participant is initially diagnosed with cancer,as defined in section 112.1816(1),
Florida Statutes, during DROP participation and on or after July 1, 2019, and
dies as the result of such cancer or the treatment thereof, his beneficiary(ies)
shall be entitled to duty death benefits pursuant to section 82-106.
* * *
Section 7. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 82, Personnel; Article II, Employee Benefits; Division 2, Retirement
System; Subdivision III. - Firefighters; by amending Section 82-101 to read as follows:
Sec. 82-101. - Duty disability special provisions.
If the disability of a member is found by the board of trustees to be the natural and
proximate result, independent of all other causes, of a personal injury or disease arising out
of and in the course of actual performance of duty with the town, the following provisions
shall apply:
(1) The ten-year credited service requirement shall be waived.
(2) The member shall receive a monthly pension for the remainder of his life, equal
to the greater of the following:
a. Sixty percent of the monthly average final compensation; or
Ord No.35-2019 7
b. If the member retires prior to attaining the age for normal retirement, the
amount of the monthly pension shall be computed as if the member has
continued to accrue credited service until the date the member would have
attained the age for normal retirement, provided that the member has been
in receipt of the disability benefit for at least five years.
(3) A condition or impairment of health that is caused by tuberculosis, heart disease
or hypertension resulting in a member being determined to be wholly prevented
from rendering useful and efficient service as a firefighter, and likely to remain
so disabled continuously and permanently in accordance with section 82-100(a),
shall be presumed to have been accidental and suffered in the line of duty unless
the contrary is shown by competent evidence; provided that the firefighter shall
have successfully passed a physical examination before entering into service as a
firefighter for the town, which examination failed to reveal any evidence of such
condition, and the requirements of section 112.18, Florida Statutes, are satisfied.
(4) A condition or impairment of health that is caused by hepatitis, meningococcal
meningitis, or tuberculosis, resulting in a member being determined to be wholly
prevented from rendering useful and efficient service as a firefighter, and likely
to remain so disabled continuously and permanently in accordance with section
82-100(a), shall be presumed to have been accidental and suffered in the line of
duty, unless the contrary is shown by competent evidence; provided the
requirements of section 112.181, Florida Statutes are satisfied.
(5) Effective July 1,2019, if a firefighter is initially diagnosed with cancer as defined
in section 112.1816(1), Florida.Statutes, while employed as a firefighter for the
town, and as a result of the diagnosis of cancer or circumstances arising from the
treatment of such cancer, he or she is determined to be wholly prevented from
rendering useful and efficient service as a firefighter, and likely to remain so
disabled continuously and permanently in accordance with section 82-100(a), by
reason of such cancer or the treatment thereof,the board of trustees shall consider
the disability to be a duty disability pursuant to section 82-101.
Section 8. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 82, Personnel; Article II, Employee Benefits; Division 2, Retirement
System; Subdivision III. - Firefighters; by amending Section 82-106 to read as follows:
Sec. 82-106. - Duty death special provisions.
(a) Death while actually performing duty for the town. If the board of trustees finds that
the death of a member occurred while actually performing duty for the town or was
the natural and proximate result, independent of all other causes, of a personal injury
or disease arising out of and in the course of the actual performance of duty for the
town, the following provisions shall apply:
(1) The ten-year credited service requirement specified in section 82-104 shall be
waived.
(2) The amount of a surviving child's pension is 25 percent of the deceased
member's average final compensation, not to exceed an equal share of 75
Ord No 35-2019 8
percent of the deceased member's average final compensation when there are
four or more surviving children being paid.
(3) The amount of a surviving spouse's pension for a month shall be the difference,
if any, between 75 percent of the deceased member's average final
compensation and the aggregate amount paid to surviving children for the
month.
(b) Presumptive duty death. Death resulting from a condition or impairment of health
that is caused by hepatitis, meningococcal meningitis, tuberculosis, hypertension, or
heart disease, shall be presumed to have been accidental and suffered in the line of
duty unless the contrary is shown by competent evidence, provided the requirements
of sections 112.18 and 112.181, Florida statutes are satisfied. Effective July 1,2019,
if a firefighter dies as the result of cancer, as defined in section 112.1816(1), Florida
Statutes, or circumstances arising from the treatment thereof, and the cancer was
initially diagnosed during his or her employment as a firefighter for the town on or
after July 1. 2019,the board of trustees shall consider such death to have occurred in
the line of duty.
(c) If the death of a member is not found by the board of trustees to satisfy subsection (a)
above, but is found to be a death in line of duty by reason of an applicable
presumption under subsection(b) above presumptive statutes such as F.S. § 112.181
and F.S. § 175.231, the following provisions shall apply:
(1) The ten-year credited service requirement specified in section 82-104 shall be
waived.
(2) The amount of a surviving child's pension is 25 percent of the deceased
member's average final compensation, not to exceed an equal share of 50
percent of the deceased member's average final compensation when there are
three or more surviving children being paid.
(3) The amount of a surviving spouse's pension for a month shall be the difference,
if any, between 75 percent of the deceased member's average final
compensation and the aggregate amount paid to surviving children for the
month.
(4) Payment of a surviving child's and/or spouse's pension shall begin the first day
of the month following the death of the member.
(d)(c) Termination. Any additional amount of pension paid a surviving spouse pursuant
to this section shall, unless prohibited by F.S. ch. 175 or F.S. section 112.1816,
terminate upon remarriage of the surviving spouse. Pensions for a surviving child
under this section shall terminate upon attainment of age 18 years,marriage,adoption
or death of such child.
Section 9. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 82, Personnel; Article II, Employee Benefits; Division 2, Retirement
System; Subdivision IV.—Police Officers;by amending Section 82-114 to read as follows:
Sec. 82-114. - Retirement age and service conditions for police officers.
Ord No 35-2019 9
(b) The age and service conditions for normal retirement are as follows:
(1) Members who attained normal retirement eligibility based on credited service
as of May 1,2012,excluding credited service purchased pursuant to section 82-
54, and who were employed by the town and not participating in the DROP on
that date, shall be eligible for normal retirement upon attaining age 50 with ten
or more years of credited service; or when the member's age to last completed
month plus credited service totals 65 years or more and the member has ten or
more years of credited service; or when the member has 20 or more years of
credited service.
(2) Members who did not attain normal retirement eligibility based on credited
service as of May 1, 2012, excluding credited service purchased pursuant to
section 82-54, and who were employed by the town and not participating in the
DROP on that date, shall be eligible for normal retirement upon attaining age
50, or when the member's age to last completed month plus credited service
totals 65 years or more, or upon completion of 20 years of credited service
regardless of age, and upon such retirement shall be eligible to receive the
frozen accrued benefit based on credited service and average final
compensation on April 30,2012.Effective October 1,2016,such members shall
be eligible to receive the accrued benefit based on credited service on and after
May 1, 2012 upon attaining age 56 with ten or more years of credited service.
The preceding sentence shall apply to members who are participating in the
DROP on October 1, 2016, and to members who retire or enter the DROP on
or after that date, but shall not apply to members who retired or separated from
employment before October 1, 2016.
(3) Members hired on or after May 1, 2012, shall be eligible for normal retirement
upon attaining age 56 with ten or more years of credited service.
(4) Notwithstanding the provisions of paragraphs (1), (2) and (3) above, effective
October 1, 2019, members who did not attain normal retirement eligibility
based on credited service as of May 1, 2012, excluding credited service
purchased pursuant to section 82-54, and who were employed by the town and
not participating in the DROP on that date, and members hired on or after May
1,2012,shall be eligible to receive the accrued benefit based on credited service
on and after May 1, 2012 upon attaining age 55 with ten or more years of
credited service, or age 52 with 25 years of service. The preceding sentence
shall apply to members who are participating in the DROP on October 1, 2019,
and to members who retire or enter the DROP on or after that date,but shall not
apply to members who retired or separated from employment before October 1,
2019.
Section 10. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 82, Personnel; Article II, Employee Benefits; Division 2, Retirement
System; Subdivision IV.—Police Officers;by amending Section 82-116 to read as follows:
Ord.No 35-2019 10
Sec. 82-116. - Optional forms of payment of a pension for police officers.
* * *
(c) A police officer may elect to receive the accrued benefit based on credited service
on and after May 1, 2012 as follows: The member may elect to receive a reduced
pension for life,and upon the retirant's death 100 percent, 75 percent,66 2/3 percent
or 50 percent of the reduced pension is paid to the beneficiary, if living, designated
in writing and filed with the board at the time of election of the optional form of
payment. Payment to the designated beneficiary shall terminate upon the death of
the designated beneficiary. The amount of the reduced pension payable to the
retirant shall reflect an actuarial reduction in the standard form of payment based
on the age of the member and the age of the beneficiary, such that the total value of
the benefit payable to the retirant and beneficiary is actuarially equivalent to the
standard form of payment to the retirant. The election of an optional form of
payment under this subsection(b) shall be in writing and filed with the board upon
separation from employment but in no event later thanprior to the date retirement
is effective. Payment will be made under the standard form of payment if a timely
election of an optional form of payment is not made.
Section 11. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 82, Personnel; Article II, Employee Benefits; Division 2, Retirement
System; Subdivision IV. —Police Officers; by amending Section 82-121 to read as follows
Sec. 82-121. - Duty disability special provisions.
If the disability of a member is found by the board of trustees to be the natural and
proximate result,independent of all other causes,of a personal injury or disease arising out
of and in the course of actual performance of duty with the town,the following provisions
shall apply:
(1) The ten-year credited service requirement shall be waived.
(2) The member shall receive a monthly pension for the remainder of his life, equal
to the greater of the following:
a. Sixty percent of the monthly average final compensation; or
b. If the member retires prior to attaining the age for normal retirement,the
amount of the monthly pension shall be computed as if the member has
continued to accrue credited service until the date the member would
have attained the age for normal retirement, provided that the member
has been in receipt of the disability benefit for at least five years.
(3) A condition or impairment of health that is caused by tuberculosis,heart disease
or hypertension resulting in a member being determined to be wholly prevented
from rendering useful and efficient service as a police officer, and likely to
remain so disabled continuously and permanently in accordance with section
82-120(a), shall be presumed to have been accidental and suffered in the line of
duty unless the contrary is shown by competent evidence; provided that the
police officer shall have successfully passed a physical examination before
Ord No 35-2019 11
entering into service as a police officer for the town, which examination failed
to reveal any evidence of such condition, and the requirements of section
112.18, Florida Statutes, are satisfied.
(4) A condition or impairment of health that is caused by hepatitis, meningococcal
meningitis, or tuberculosis, resulting in a member being determined to be
wholly prevented from rendering useful and efficient service as a police officer,
and likely to remain so disabled continuously and permanently in accordance
with section 82-100(a), shall be presumed to have been accidental and suffered
in the line of duty, unless the contrary is shown by competent evidence;
provided the requirements of section 112.181, Florida Statutes are satisfied.
Section 12. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 82, Personnel; Article II, Employee Benefits; Division 2, Retirement
System; Subdivision IV. —Police Officers;by amending Section 82-126 to read as follows
Sec. 82-126. - Duty death special provisions.
(a) Death while actually performing duty for the town. If the board of trustees finds that
the death of a member occurred while actually performing duty for the town or was
the natural and proximate result, independent of all other causes, of a personal injury
or disease arising out of and in the course of the actual performance of duty for the
town, the following provisions shall apply:
(1) The ten-year credited service requirement specified in section 82-124 shall be
waived.
(2) The amount of a surviving child's pension is 25 percent of the deceased
member's average final compensation, not to exceed an equal share of 75
percent of the deceased member's average final compensation when there are
four or more surviving children being paid.
(3) The amount of a surviving spouse's pension for a month shall be the difference,
if any, between 75 percent of the deceased member's average final
compensation and the aggregate amount paid to surviving children for the
month.
(b) Presumptive duty death. Presumptive duty death. Death resulting from a condition
or impairment of health that is caused by hepatitis, meningococcal meningitis, or
tuberculosis shall be presumed to have been accidental and suffered in the line of
duty unless the contrary is shown by competent evidence, provided that the member
shall have successfully passed a physical examination before entering into service as
a police officer for the town,which examination failed to reveal any evidence of such
condition.
(c) If the death of a member is not found by the board of trustees to satisfy subsection
(a) above, but is found to be a death in line of duty by reason of an applicable
presumption under subsection(b)above presumptive statutes such as F.S. § 112.181,
the following provisions shall apply:
(1) The ten-year credited service requirement specified in section 82-124 shall be
waived.
Ord No 35-2019 12
(2) The amount of a surviving child's pension is 25 percent of the deceased
member's average final compensation, not to exceed an equal share of 50
percent of the deceased member's average final compensation when there are
three or more surviving children being paid.
(3) The amount of a surviving spouse's pension for a month shall be the difference,
if any, between 75 percent of the deceased member's average final
compensation and the aggregate amount paid to surviving children for the
month.
(4) Payment of a surviving child's and/or spouse's pension shall begin the first day
of the month following the death of the member.
(d)(c) Termination. Any additional amount of pension paid a surviving spouse pursuant
to this section shall, unless prohibited by F.S. ch. 185, terminate upon remarriage of
the surviving spouse. Pensions for a surviving child under this section shall terminate
upon attainment of age 18 years, marriage, adoption or death of such child.
Section 13. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 82, Personnel; Article II, Employee Benefits; Division 2, Retirement
System; Subdivision V. — General Employees and Lifeguards; by amending Section 82-
136 to read as follows:
Sec. 82-136. -Optional forms of payment of a pension for benefit group general and benefit
group lifeguard.
(c) Members of benefit group general and benefit group lifeguard may elect to
receive the accrued benefit based on credited service on and after May 1, 2012 as follows:
the member may elect to receive a reduced pension for life, and upon the retirant's death
100 percent, 75 percent, 66 2/3 percent or 50 percent of the reduced pension is paid to the
beneficiary, if living, designated in writing and filed with the board at the time of election
of the optional form of payment. Payment to the designated beneficiary shall terminate
upon the death of the designated beneficiary. The amount of the reduced pension payable
to the retirant shall reflect an actuarial reduction in the standard form of payment based on
the age of the member and the age of the beneficiary, such that the total value of the benefit
payable to the retirant and beneficiary is actuarially equivalent to the standard form of
payment to the retirant. The election of an optional form of payment under this subsection
(c) shall be in writing and filed with the board upon separation from employment but in no
event later thane the date retirement is effective. Payment will be made under the
standard form of payment if a timely election of an optional form of payment is not made.
Section 14. Severability.
If any provision of this Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of this Ordinance which can
be given effect without the invalid provisions or applications,and to this end the provisions
of this Ordinance are hereby declared severable.
Ord No 35-2019 13
Section 15. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Palm Beach, Florida, or parts thereof which
conflict with this or any part of this Ordinance are hereby repealed.
Section 16. Codification.
This Ordinance shall be codified and made a part of the official Code of Ordinances
of the Town of Palm Beach.
Section 17. Effective Date.
This Ordinance shall take effect immediately upon its passage and approval, as
provided by law.
PASSED AND ADOPTED in a regular, adjourned session of the Town Council
of the Town of Palm Beach on first reading this 14th day of August, 2019, and for second
and final reading on this 10th day of September, 2019
1 . .
/ail L. ni lio, MayorILDanielle H. Moore, Town Council President
p
Margaret . Zeidman,I,r mil President Pro Tern
A , . ilit, di
Juli. .‘rasko!,Town -.gutted Meer
a / /
A..iblinFA_ i .1 1 "le
. Lewis S.W. Crampton Town Council Member
ST:
I' '
athleen Dominguez,Town Clerk dbbie Lindsay,Town ouncil Me, ser
411/
Ord.No 35-2019 14