§ 54-128. Disability benefits.

(a)

Right to disability benefits.

(1)

Eligibility for service-connected disability. A service-connected disability benefit shall be payable if a participant has:

a.

Suffered a service-connected injury, illness, disease or disability which wholly prevents the participant, either mentally or physically, from rendering useful and efficient service as a police officer and is likely to remain so disabled continuously and permanently; and

b.

Filed a claim for disability benefits.

(2)

Presumption regarding service-connected disability. Any permanent disability, as described in subsection (1)a of this subsection, which is the result of or caused by tuberculosis, hypertension, AIDS (Acquired Immune Deficiency Syndrome), heart disease or hardening of the arteries shall be presumed to have been incurred in the line of duty so as to be service-connected unless the contrary is shown by competent evidence or unless a physical examination of the participant conducted upon initial hiring by the city revealed the existence of such condition at that time. Such presumption shall apply only to pension and retirement benefits under this article, and shall not apply to benefits payable under or granted in a policy of life insurance or disability insurance or workers' compensation coverage. F.S. § 112.181, as amended, (providing a presumption for certain communicable diseases) is hereby adopted and incorporated by reference, and is applicable to conditions described therein that are diagnosed on or after January 1, 1996.

(3)

Non-service-connected disability. A non-service-connected disability benefit shall be payable if a participant has ten or more vesting credits and is wholly prevented from rendering useful and efficient service as a police officer, has not reached normal retirement age, and has filed a claim for disability benefits.

(b)

Disqualification from disability benefits. A police officer shall not be entitled to receive any disability retirement benefits if the disability is a result of:

(1)

Excessive and habitual use by the police officer of drugs, intoxicants or narcotics;

(2)

Injury or disease sustained by the police officer while willfully and illegally participating in fights, riots or civil insurrections, or while committing a crime;

(3)

Injury or disease sustained by the police officer while serving in any armed forces; or

(4)

Injury or disease sustained by the police officer after his employment has terminated.

(c)

Amount of disability benefits.

(1)

Service-connected disability. The monthly service-connected disability benefit shall be the participant's accrued retirement benefit or 51 percent of the participant's average monthly compensation at the time of disability, whichever is greater, commencing on the date of disability and continuing for life, or, should the participant die before receiving benefits for at least ten years, the balance shall be payable to the participant's beneficiary.

(2)

Nonservice-connected disability. The monthly nonservice-connected disability benefit for participants with at least ten vesting credits shall be the participant's accrued retirement benefit or 25 percent of the participant's average monthly compensation at the time of disability, whichever is greater, commencing on the date of disability and continuing for life, or, should the participant die before receiving benefits for at least ten years, the balance shall be payable to the participant's beneficiary.

(3)

Workers' compensation offset. The disability benefits provided in this section shall be offset by disability income benefits actually received by the participant from workers' compensation only to the extent by which the total of the worker's compensation benefit plus the disability benefit payable under this section exceeds the employee's average monthly compensation at the time of the disability. However, the offset for workers' compensation benefits shall not result in a disability pension benefit that is less than the participant's accrued benefit or 42 percent of average monthly compensation for service connected disability, and 25 percent of average monthly compensation for non-service connected disability. In the case of a lump sum workers' compensation settlement, the disability retirement income payable from the plan shall be adjusted as follows:

a.

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.

b.

If the number obtained as provided in subsection a of this subsection, when added to the participant's monthly disability retirement income from the plan, exceeds the participant's final monthly compensation 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 a of this subsection.

c.

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

(4)

Definition. For the purpose of this section, average monthly compensation means the total compensation received by the participant during the most recent 12 months of full-time employment as a city police officer preceding the date of disability, divided by 12. If the participant has not completed 12 months of full-time employment as a city police officer at the date of disability, average monthly compensation means the total compensation received by the participant during his entire period of full-time employment as a city police officer, divided by the number of months and parts of months included in that period.

(d)

Determination of disability.

(1)

Initial determination. The board may consider reports of physicians and Social Security, workers' compensation and Veterans' Administration disability determinations in determining whether a participant is disabled; however, such reports and determinations shall not be binding upon the board. The board may also require the participant to be examined, at the plan's expense, by physicians and other medical, vocational and rehabilitation professionals selected by the board whose reports may be considered by, but shall not be binding upon, the board in determining disability. The board shall determine eligibility for disability benefits within 60 days after all required documentation and reports have been submitted to the board.

(2)

Continuing review. The board may review the status of each disability benefit recipient periodically and may, in its sole discretion, require recipients, as a condition of continued payment of disability benefits, to submit physician's reports or submit to examinations, at the plan's expense, by physicians or other medical, vocational or rehabilitation professionals.

(e)

Recovery from disability.

(1)

Discontinuation of disability benefit. If a disability benefit recipient recovers and is no longer eligible for a disability benefit, the participant's disability benefit shall be discontinued.

(2)

Credit during disability. A recipient of a disability benefit who has recovered and returned to city employment as a full-time police officer shall receive credit for vesting purposes only for all time during which the participant received a disability benefit.

(Ord. No. 1993-43, § 8, 9-28-93; Ord. No. 1999-60, §§ 4—6, 1-18-00; Ord. No. 2011-2, § 5, 1-31-11)