§ 54-84. Disability benefits.

(a)

In-line of duty disability.

(1)

Any 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 firefighter, which disability was directly caused by the performance of his duties as a firefighter, shall, upon establishing such disability to the satisfaction of the board, be entitled to a monthly pension equal to three percent of average final compensation for each year of credited service, but in any event the minimum amount paid to a member who becomes totally and permanently disabled prior to January 1, 2016, shall be 42 percent of the average final compensation of the member. The minimum amount paid to a member who becomes totally and permanently disabled on or after January 1, 2016, shall be 51 percent of the average final compensation of the member. The benefit for a member with credited service as both a full-time firefighter and as a volunteer firefighter shall be calculated in the same manner as the normal retirement benefit as provided in section 54-82(b). Terminated persons, either vested or nonvested, are not eligible for disability benefits, except that those terminated by the city for medical reasons may apply for disability benefits within 30 days after termination.

(2)

Any condition or impairment of health of a member caused by hypertension or heart disease shall be presumed to have been suffered in the 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, 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. F.S. § 112.181, as amended, is hereby adopted and incorporated by reference and is applicable to conditions described therein that are diagnosed on or after January 1, 1996.

(b)

Not in-line of duty disability. Any member with ten years or more of credited service who shall have 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 firefighter, which disability was not directly caused by the performance of his duties as a firefighter, shall, upon establishing such disability to the satisfaction of the board, be entitled to a monthly pension equal to three percent of average final compensation for each year of credited service. The benefit for a member with credited service as both a full-time firefighter and as a volunteer firefighter shall be calculated in the same manner as the normal retirement benefit as provided in section 54-82(b). Terminated persons, either vested or non-vested, are not eligible for disability benefits, except that those terminated by the city for medical reasons may apply for disability benefits within 30 days after termination.

(c)

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 narcotics.

(2)

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

(3)

Injury or disease sustained while serving in any branch of the armed forces.

(4)

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

(d)

Physical examination requirement.

(1)

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 such purpose except in an unusual case where the board determines that it would be reasonable and prudent to do so.

(2)

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 reexaminations by a qualified physician or surgeon, 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 permanently and totally disabled to the extent that he is unable to render useful and efficient service as a firefighter, the board shall recommend to the city that the retiree be returned to performance of duty as a firefighter, and the retiree so returned shall enjoy the same rights that he had at the time he was placed upon pension. If 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.

(3)

The cost of the physical examination or reexamination 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, including but not limited to transportation, meals and hotel accommodations, shall be borne by the fund.

(4)

If the retiree recovers from disability and reenters the service of the city as a firefighter, 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.

(5)

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

(e)

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 determines such entitlement, and any portion due for a partial month shall be paid together with the first payment. Disability retirement benefits shall be payable for 120 months or the member's lifetime, whichever is longer, or until the member recovers from disability, in which case the last payment shall be the payment due next preceding the date of such recovery. Notwithstanding any provision of this subsection, a disability retiree may select, at any time prior to the date on which benefit payments begin, an optional form of benefit payment as provided in subsections 54-86(a)(1) or (a)(2), which shall be the actuarial equivalent of the normal form of benefit.

(f)

Workers' compensation. When a member is receiving a disability pension and workers' compensation benefits pursuant to F.S. ch. 440, for the same disability, and the total monthly benefits received from both exceed 100 percent of the member's average monthly wage, the disability pension benefit shall be reduced so that the total monthly amount received by the member does not exceed 100 percent of such wage. This subsection shall apply to the extent it does not violate the minimum requirements of F.S. ch. 175. In the case of a lump sum workers' compensation settlement, the disability retirement income payable from the plan shall be adjusted as follows:

(1)

The amount of the lump sum settlement shall be divided by the participant's remaining life expectancy (in months) as determined using standard actuarial tables approved by the plan actuary.

(2)

If the number obtained as provided in subsection (1) of this subsection, when added to the participant's monthly disability retirement income from the plan, exceeds the participant's average monthly wage on the date of disability, the amount of the excess shall be deducted from the participant's monthly disability retirement income from the plan, for the duration of the participant's remaining life expectancy as determined in subsection (1) of this subsection.

(3)

If the number obtained as provided in subsection (1) of this subsection, when added to the participant's monthly disability retirement income from the plan, does not exceed the participant's average monthly wage on the date of disability, there shall be no reduction of the participant's disability retirement income from the plan.

(Ord. No. 2007-29, § 1, 9-18-07; Ord. No. 2010-26, § 1, 9-28-10; Ord. No. 2016-5 , § 1, 5-3-2016)