§ 54-129. Payment of benefits; forfeiture of benefits.

(a)

Frequency of payments. Pension benefits shall be paid monthly.

(b)

First payment. The first payment of normal or early retirement benefits shall begin on the first day of the month on which or after the participant meets the requirements of section 54-126(a), provided that in no event may a member's retirement benefit be delayed beyond the required beginning date as defined in subsection (b) of section 54-139.

(c)

Last payment. The last payment of normal or early retirement benefits shall be the month coincident with the death of the participant (or survivor, if applicable) or later, depending on the form of benefit selected.

(d)

Forfeiture of benefits.

(1)

Definitions. As used in this subsection, unless the context otherwise requires:

a.

Conviction and convicted mean an adjudication of guilt by a court of competent jurisdiction, a plea of guilty or of nolo contendere, or a jury verdict of guilty when adjudication of guilt is withheld and the accused is placed on probation.

b.

Court means any state or federal court of competent jurisdiction which is exercising its jurisdiction to consider a proceeding involving the alleged commission of a specified offense.

c.

Specified offense means:

1.

The committing, aiding or abetting of an embezzlement of public funds;

2.

The committing, aiding or abetting of any felonious theft from the city;

3.

Bribery;

4.

Any felony specified in F.S. ch. 838;

5.

The committing of any felony by a participant who willfully realizes or obtains, or attempts to realize or obtain, a profit, gain or advantage for himself or for some other person through the use or attempted use of the power, rights, privileges, duties or position as a police officer;

6.

Robbery;

7.

Murder;

8.

Trafficking offenses prohibited by F.S. § 893.135;

9.

Sale, manufacture, delivery or possession with intent to sell, manufacture or deliver a controlled substance;

10.

Sexual battery;

11.

Arson;

12.

Kidnapping;

13.

Aggravated child abuse;

14.

Armed burglary; or

15.

Unlawful throwing, placing or discharging of a destructive device or bomb.

(2)

Grounds for forfeiture. Any participant who is convicted of a specified offense committed prior to retirement, or whose employment is terminated by reason of his admitted commission, aid or abetment of a specified offense, shall forfeit all rights and benefits under this pension plan, except for the return of his accumulated contributions as of his date of termination.

(3)

Forfeiture determination.

a.

Whenever the board of trustees receives notice that a participant has been convicted of a specified offense, or otherwise has reason to believe that the rights and privileges of any participant are required to be forfeited under this subsection, the board of trustees shall give notice and hold a hearing in accordance with the claims review procedure provision in section 54-136(d) for the purpose of determining whether such rights and privileges are required to be forfeited. If the board of trustees determines that such rights and privileges are required to be forfeited, the board shall order such rights and privileges forfeited.

b.

The payment of retirement benefits ordered forfeited, except payments drawn from nonemployer contributions to the retiree's account, shall be stayed pending an appeal as to a felony conviction. If such conviction is reversed, no retirement benefits shall be forfeited. If such conviction is affirmed, retirement benefits shall be forfeited as ordered in this subsection.

c.

If any participant's rights and privileges under this pension plan are forfeited pursuant to this subsection and that participant has received benefits from the plan in excess of his accumulated contributions, such participant shall pay back to the plan the amount of the benefits received in excess of his accumulated contributions. If he fails to pay back such amount, the board of trustees may bring an action in circuit court to recover such amount, plus court costs.

(4)

Forfeiture nonexclusive. The forfeiture of retirement rights and privileges pursuant to this subsection is supplemental to any other forfeiture requirements provided by law.

(Ord. No. 1993-43, § 9, 9-28-93; Ord. No. 2011-3, § 2, 2-15-2011)