(a) Service incurred. Any member who receives a medically substantiated service connected injury, disease or disability, which injury, disease or disability totally and permanently disables such member to the extent that, in the opinion of the board of trustees, the member is wholly prevented from rendering useful and efficient service as a firefighter, shall receive a monthly benefit equal to sixty- six and two-thirds (66 2/3) percent of the member’s basic rate of earnings in effect on the date of disability. Such benefit shall be payable on the first day each month, commencing on the first day of the month following the latter to occur of the date on which the disability has existed for three (3) months and the date the board of trustees approved the payment of such retirement income. In the event of recovery prior to the otherwise normal retirement date, credit for service during the period of disability shall be granted for purposes of subsequent retirement benefits. The amount of the disability benefit payable from the fund shall be reduced by any amounts paid or payable as disability benefits from workers’ compensation and the federal social security system. The reduction for social security benefits shall be in the amount of the primary insurance amount (PIA) only, and future increase, if any, in the disabled member’s social security disability benefit shall not serve to reduce any further the disability benefit from the fund. The reduction for social security shall terminate upon the attainment of age sixty-five (65). For purposes of compliance with Chapter 175, Florida Statutes, service-incurred disability benefits shall not be offset below 42% of average final compensation. The maximum benefit cap established in 2019 shall apply to service incurred disability retirement benefits under this subsection.
(b) Nonservice incurred. Any member with ten (10) years of continuous service who receives a nonservice incurred injury, illness, disease or disability, and which illness, injury, disease or disability totally and permanently disables such member to the extent that, in the opinion of the board of trustees, the member is wholly prevented from rendering useful and efficient service as a firefighter, shall receive from the fund in equal monthly installments an amount equal to two and one-half (2½) percent of that member’s average final compensation for each year of continuous service until death or recovery from disability, whichever shall first occur; Such benefit shall be payable on the first day of each month, commencing on the first day of the month following the latter to occur of the date on which the disability has existed for three (3) months and the date the board of trustees approved the payment of such retirement income. For purposes of compliance with F.S. Chapter 175, the minimum nonservice-incurred disability benefit shall be 25% of average final compensation. The maximum benefit cap established in 2019 shall apply to non-service incurred disability retirement benefits under this subsection.
(c) Medical board. Whenever it becomes necessary for the board to avail itself of the services of physicians in the case of an application for disability retirement, the board shall designate a medical board to be composed of three (3) physicians. The medical board shall arrange for and pass upon the medical examinations required under the provisions of this section, shall investigate all essential statements or certificates made by or on behalf of a member in connection with an application for disability retirement and shall report in writing to the board its conclusions and recommendations upon all matters referred to it. The payment for such services shall be determined by the board.
(d) Return to active duty from disability retirement. In the event a member who has been retired on a pension on account of permanent and total incapacity regains health and is found by the medical board designated by the board to be in such physical and mental condition as to meet the requirements of the personnel department for such service as a firefighter of the city, the board shall order the pension discontinued, and such person shall be ordered to resume active duty in the city at the same rate of compensation currently in effect for the member’s pay grade. The board shall review periodically, in its discretion, the condition of any member receiving a pension of disability and if there is substantial evidence that the retired member is capable of performing service acceptable to the city as a firefighter, such member shall be ordered to resume active duty and the member’s pension shall be discontinued.
(e) Disability exclusions. No member shall be granted a disability pension upon a showing to the satisfaction of the board:
(1) That the disability resulted from an intentionally self- inflicted wound, injury or ailment, or
(2) That the disability resulted from the use of narcotics, drugs or alcoholic beverages, or
(3) That the disability resulted from a member’s participation or involvement in riot, insurrection or unlawful assembly, or
(4) That the disability resulted from a member’s participation or involvement ill the commission of a crime or unlawful act, or
(5) That the disability resulted from injury or disease sustained by the firefighter while serving in any armed forces.
(f) Further disability provisions. Each member applying for a service incurred disability benefit from this fund shall be required to apply for disability benefits under social security, and, if applicable, workers’ compensation. Furthermore, each person granted a service incurred disability benefit shall be required to submit to the board, no later than March first of each year, a statement showing the monthly amount of social security (PIA only) and workers’ compensation benefits received by such person as of March first. Willful refusal by such persons to comply with these requirements shall be grounds for the termination of or non-approval of disability benefits from this system. However, the board shall exercise its discretion in each case.
(g) Survivor’s benefit. If any member with at least ten (10) years of continuous service shall die prior to retirement or other termination of employment with the city, a death benefit shall be payable to the deceased member’s spouse. The benefit shall equal three percent (3%) of average final compensation for each year of continuous service. It shall be payable in equal monthly installments commencing the first day of the month following the date of death.
(h) Payment options. Disability retirees shall be entitled to choose any optional form of payment provided in § 175.171, Florida Statutes.
(i) Line of duty presumptions.
(1) Rebuttable presumptions. The provisions of F.S. §§ 112.18, 112.181, and 175.231, are hereby codified within the Plan and are intended to be incorporated by reference. The Board of Trustees may adopt uniform administrative rules relating to these rebuttable presumptions and for the determination of any disqualifying events reflected in F.S. Chs. 112 and 175.
(2) Non-rebuttable conclusive cancer presumption. The provisions of F.S. § 112.1816, are hereby codified within the Plan and are intended to be incorporated by reference. The Board of Trustees may adopt uniform administrative rules relating to this presumption and for the determination of any disqualifying events as reflected in F.S. Chs. 112 and 175.
(Code 1958, § 21-93; Ord. No. 78-7, § 1, 3-7-78; Ord. No. 89-26, § 1, 9-19-89; Ord. No. 00-19, § 3, 6-6-00; Ord. No. 19-009, § 4, 2-19-19; Ord. No. 20-003, §§ 3, 4, 2-18-20)
