28-79 ORDINANCE NO. 28-79
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 19, ARTICLE IV "PENSION
PLAN FOR POLICEMEN & FIREMEN" SECTION 19-33(5)(d) OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
PROVIDING THAT ANY INCREASE IN THE PRIMARY NONFAMILY
SOCIAL SECURITY BENEFIT ATTRIBUTABLE TO THE COST OF LIVING
PROVISIONS OF FEDERAL SOCIAL SECURITY LAW SHALL NOT BE
USED TO REDUCE OR OFFSET THE MONTHLY AMOUNT TO WHICH THE
DISABLED MEMBER IS ENTITLED; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council is desirous of amending the police
and firefighters retirement system to provide that increases in social
security benefits due to the cost of living shall not offset the amount
of disability benefits received by a member of the retirement system,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 19-33(5)(d) is hereby amended to read
as follows:
Benefit offsets. The service incurred and nonservice
incurred disability benefits described herein shall be
reduced or offset by the regular monthly amounts to
which the disabled member is entitled under workmen's
compensation and under the primary, that is nonfamily,
benefit provision of social security.
Provided, however, that any increase in said social
security benefit attributable to the cost of livin~
provisions of the federal law shall not be used to
reduce or offset the monthly amount to which the
disabled member is entitled under this system.
Section 2. That should any section or provision of this ordi-
nance or any portion thereof, any paragraph, sentence, or word be declared
by a Court of competent jurisdiction to be invalid, such decision shall
not affect the validity of the remainder hereof as a whole or part
thereof other than the part declared to be invalid.
Section 3. That this ordinance shall become effective ten days
after passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 14th day of May , 1979.
- M A y O~R
LEON M. WEEKES
ATTEST:
City Clerk
First Reading April 23, 1979
Second Reading May 14. 1979