15-78 ORDINANCE NO. 15-78
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 19, ARTI-
CLE V "PENSION PLAN FOR GENERAL EMPLOYEES", BY
REPEALING SECTION 19-84 (e) (1) AND ENACTING A
NEW SECTION 19-84(e)(1) MONTHLY INCOME PAYABLE
PRIOR TO NORMAL RETIREMENT DATE; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Retirement Committee, at a meeting held on January 6,
1978, recommended that the General Employees Pension Plan be amended relative
to non-service disability; and,
WHEREAS, at the Workshop meeting of January 30, 1978, Council con-
sidered the recommendation of the Retirement Committee and authorized the
preparation of an ordinance to effect the amendment to the City's Code of
Ordinances:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DLERAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 19-84(e) (1) of the Code of Ordinances of
the City is hereby repealed and a new Section 19-84(e) (1) is hereby enacted
to read as follows:
Sec. 19-84(e) Disability retirement income.
(1) Monthly income payable prior to normal
retirement date, service connected dis-
ability. The benefit payable to a par-
ticipant who retires from the service
of the City due to total and permanent
disability shall be a monthly retirement
income equal to 75% of the participant's
final monthly compensation at the date
of disability less any primary Social
Security and/or workmen's compensation
benefits which the participant may receive.
Nonservice connected disability. The
benefit payable to a participant who re-
tires from the service of the City due to
total and permanent disability, after the
completion of 10 years of credited service,
shall be an amount equal to 2% of final
monthly compensation at the date of dis-
ability, multiplied by the years and com-
pleted calendar months of credited service,
subject to a maximum monthly retirement
income of 50% of final monthly compensa-
tion, less any primary Social Security
and/or workmen's compensation benefits
which the participant may receive.
If a participant with greater than 10 years
of credited service is eligible to receive
a nonservice disability benefit of less than
$50 per month under the preceding paragraph,
the participant may elect to receive an
optional benefit payable commencing according
to the provisions of Section 19-84(f) and
subject to Section 19-86. This optional
benefit will be equal to the product of (a)
and (b), where (a) is an amount equal to
his number of years credited service, maxi-
mum of 30 such years, at his date of dis-
ability multiplied by 2%% (.025) of his
final monthly compensation, and (b) is
the applicable actuarial reduction factor
to take into account the participant's
younger age and the earlier commencement
of retirement income payments. If this
option is elected, the benefit payable
will not be subject to the provisions of
Section 19-84(e) (2), but will be payable
as a normal retirement benefit would be
paid (Section 19-82(C)), unless an op-
tional form of payment is elected under
Section 19-86, in which case such election
will define the period of payment.
The minimum monthly income payable shall be
an amount equal to the monthly income pay-
able under the terms of the superseded plan
based on the assumption the employee had
become disabled on the effective date of
this ordinance.
Section 2. That should any section or provision of this ordinance
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 this the 27th day of
February , 1978.
M~Y/O R
ATTEST:
~ City Clerk
First Reading February l~ ]q7R
Second Reading February 27. 1978
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