§ 54-33. Disability.

(a)

Disability benefits. Any member with ten years or more 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 satisfactorily perform the duties required in his regular position or the duties of any other position which the city makes available to him shall, upon establishing the same to the satisfaction of the board, be entitled to a monthly pension equal to:

(1)

For members employed prior to June 28, 1979, two percent of average final compensation for the first 25 years of credited service and one percent of average final compensation for all years of credited service in excess of 25.

(2)

For members employed on or after June 28, 1979, two percent of average final compensation for the first 20 years of credited service and one percent of average final compensation for all years of credited service in excess of 20.

In any event, the minimum monthly disability benefit shall be the greater of 40 percent of average final compensation and $100.00.

Terminated persons, either vested or nonvested, are not eligible for disability benefits. Notwithstanding the previous sentence, if a member is terminated by the city for medical reasons, the terminated person may apply for a disability benefit if the application is filed with the board within 30 days from the date of termination. If a timely application is received, it shall be processed and the terminated person shall be eligible to receive a disability benefit if the board otherwise determines that he is totally and permanently disabled as provided for above.

(b)

Conditions disqualifying disability benefits. Each member who is claiming disability benefits shall establish, to the satisfaction of the board, that such disability was not occasioned primarily by:

(1)

Excessive or habitual use of any drugs, intoxicants or alcohol.

(2)

Injury or disease sustained while willfully and illegally participating in fights, riots or civil insurrections.

(3)

Injury or disease sustained while committing a crime.

(4)

Injury or disease sustained while serving in any branch of the Armed Forces.

(5)

Injury or disease sustained after his employment as a general employee with the city shall have terminated.

(6)

Willful, wanton or intentional misconduct or gross negligence of the member.

(7)

Injury or disease sustained by the member while working for anyone other than the city and arising out of such employment.

(8)

A condition pre-existing the general employee's membership in the system. No member shall be entitled to a disability pension, because of or due to the aggravation of a specific injury, impairment or other medical condition pre-existing at the time of membership in the system, provided that such pre-existing condition and its relationship to a later injury, impairment or other medical condition be established by competent substantial evidence. Nothing herein shall be construed to preclude a disability pension to a member who, after membership in the system, suffers an injury, impairment or other medical condition different from some other injury, impairment, or other medical condition existing at or prior to said membership.

(c)

Physical examination requirement. A member shall not become eligible for disability benefits until and unless he undergoes a physical examination by a qualified physician or physicians and/or surgeon or surgeons, who shall be selected by the board for that purpose. The board shall not select the member's treating physician or surgeon for this purpose except in an unusual case where the board determines that it would be reasonable and prudent to do so.

Any retiree receiving disability benefits under provisions of this article may be required by the board to submit sworn statements of his condition accompanied by a physician's statement (provided at the retiree's expense) to the board annually and may be required by the board to undergo additional periodic re-examinations by a qualified physician or physicians and/or surgeon or surgeons who shall be selected by the board, to determine if such disability has ceased to exist. If the board finds that the retiree is no longer disabled to the extent that he is unable to perform duties as a general employee, the board shall recommend to the city that the retiree be returned to performance of duty as a general employee, and the retiree so returned shall enjoy the same rights that he had at the time he was placed upon pension. In the event the retiree so ordered to return shall refuse to comply with the order within 30 days from the issuance thereof, he shall forfeit the right to his pension.

The cost of the physical examination and/or re-examination of the member claiming or the retiree receiving disability benefits shall be borne by the fund. All other reasonable costs as determined by the board incident to the physical examination, such as, but not limited to, transportation, meals and hotel accommodations, shall be borne by the fund.

If the retiree recovers from disability and reenters the service of the city as a general employee, his service will be deemed to have been continuous, but the period beginning with the first month for which he received a disability retirement income payment and ending with the date he reentered the service of the city will not be considered as credited service for the purposes of the system.

The board shall have the power and authority to make the final decisions regarding all disability claims.

(d)

Disability payments. The monthly benefit to which a member is entitled in the event of the member's disability retirement shall be payable on the first day of the first month after the board determines such entitlement. However, the monthly retirement income shall be payable as of the date the board determined such entitlement, and any portion due for a partial month shall be paid together with the first payment. The last payment will be:

(1)

If the retiree recovers from the disability, the payment due next preceding the date of such recovery; or

(2)

If the retiree dies without recovering from disability, the payment due next preceding his death.

Provided, however, the disability retiree may select, at any time prior to the date on which benefit payments begin, an optional form of benefit payment as described in section 54-35, subsection (a)(1) or (a)(2), which shall be the actuarial equivalent of the normal form of benefit.

(e)

Benefit offsets. When a retiree is receiving a disability pension and workers' compensation benefits pursuant to F.S. ch. 440 or Social Security disability benefits, for the same disability, and the total monthly benefits received from each combined exceed 100 percent of the member's average monthly wage, as defined in F.S. ch. 440, the disability pension benefit shall be reduced so that the total monthly amount received by the retiree does not exceed 100 percent of such average monthly wage. The amount of any lump sum workers' compensation payment shall be converted to an equivalent monthly benefit payable for ten years certain by dividing the lump sum amount by 83.9692. Social Security disability cost of living increases shall not be used to further offset disability benefits.

(Ord. No. 11-33, § 1, 10-27-11; Ord. No. 17-01, § 6, 4-13-17)