2023-O-11 - Amending Firefighters Pension Plan ORDINANCE NO.2023-0-11
AN ORDINANCE OF THE CITY COUNCIL OF
EDGEWATER, FLORIDA, AMENDING THE CITY OF
EDGEWATER, FLORIDA FIREFIGHTER'S PENSION
PLAN, SECTION 5.05, ELIMINATING THE LINE OF
DUTY INJURY INSURANCE BENEFIT FOR
FIREFIGHTERS AFTER EFFECTIVE DATE OF THIS
ORDINANCE; PROVIDING FOR CONFLICTING
PROVISIONS,SEVERABILITY AND APPLICABILITY; AN
EFFECTIVE DATE AND FOR ADOPTION.-
WHEREAS, the City of Edgewater and the Edgewater Professional Firefighters, IAFF,
Local 4575, entered into a Collective Bargaining Agreement ("CBA") valid from 10/01/22
through 9/30/25;and
WHEREAS,F.S. Chapter 112, provides for a health insurance benefit for certain public
safety employees who become permanently disabled after suffering a catastrophic injury; and
WHEREAS, Section 5.05 of the City of Edgewater Firefighters' Pension Plan provides
health insurance benefits to firefighters who become permanently disabled due to an injury
incurred in the line of duty, but who do not qualify for a benefit under F.S. Chapter 112 for a
permanent disability that results from a catastrophic injury; and _
WHEREAS, the new terms of the CBA provide for the elimi:tition of such health
insurance benefits for Firefighter participants after the effective date of this Ordinance;and <-
WHEREAS,the City Council has received, reviewed, and considered an actuarial jh pact
statement describing the actuarial impact of the amendments provided for herein;
NOW THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater,
Florida:
PART A. AMEND SECTION 5.05 OF THE CITY OF EDGEWATER
FIREFIGHTER'S PENSION PLAN
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Section 5.05 of the City of Edgewater Firefighter's Pension Plan, is amended to eliminate
the Line of Duty Injury Insurance Benefit for Firefighter's pursuant to Exhibit "A", which is
attached and incorporated herein.
PART B. CONFLICTING PROVISIONS
All conflicting.; ordinances and resolutions, or parts thereof in conflict with this ordinance
are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY AND APPLICABILITY
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If
this ordinance or any provisions thereof shall be held to be inapplicable to any person, property,
or circumstances, such holding shall not affect its applicability to any other person, property or
circumstance.
PART D. EFFECTIVE DATE
This ordinance shall take effect upon adoption.
PASSED AND DULY ADOPTED this t_pq-hday of.]Eb 1 L C, ,2023.
Diezel DePew, Mayor
AT- TEST.---
Bonnie
TTEST:Bonnie Zlotnik, 611fC, City Clerk
Passed on first reading on theit"( ' qday of 2023
REVIEWED AND APPROVED: r_1 La
Aaron R. Wolfe, ity Attorney
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2023-0-11
EXHIBIT"A"
Section 5.05—Line-of-Duty Injury Health Insurance Benefit.
(a) Eligibility. The City of Edgewater shall continue health insurance coverage for any
Firefighter who has five or more years of credited service under the City of Edgewater
Firefighters' Pension Fund, and who, on or after January 1, 1995, suffers an injury in the
line of duty that would qualify him or her for an On-Duty Disability within the meaning
of section 5.01 of this Plan. A Firefighter who suffers a catastrophic injury while in fresh
pursuit within the meaning of section 112.191(g), Florida Statutes, shall not be entitled to
the benefit described in this section but instead shall be entitled to the benefit described in
section 112.191(g), Florida Statutes. This benefit shall apply only to an injury that
occurred while on duty and while the Firefighter is acting within the scope of
employment. The Firefighter shall not be eligible for this benefit for an injury sustained
in connection with any unlawful acts or any activities not related to a firefighter
assignment. Eligibility for this benefit shall be determined by the Board of Trustees.
Eligibility shall cease if the Board of Trustees finds that the Firefighter receiving a
disability retirement is no longer disabled, in which event the Board of Trustees shall
notify the City. Eligibility shall cease when a disabled Firefighter reaches age 65. If after
reaching age 65 a disabled Firefighter is not eligible for Social Security benefits under 42
U.S.C. § 402 or 423, the City shall provide supplemental insurance or premium
reimbursements in a manner equivalent to those benefits that the Firefighter would have
received if he or she were eligible for Social Security benefits. Any fact or circumstance
that would disqualify a Firefighter from receiving a benefit under either section 5.01 or
5.02 of the Plan shall likewise disqualify the Firefighter from receiving a benefit under
this section 5.05. Effective FebruM 7 2023 the City of Edgewater shall no longer
provide the benefits afforded in this section for continuation of health insurance coverage
for line-of-duty injuries sustained b, Firefighters.irefighters. Notwithstanding any Participant who
is currently receiving such benefits or having claims paid in connection with receipt of
the benefits afforded herein prior to the adoption of this language shall continue to
receive such benefit coverage without interni tion.
(b) Amount. The health insurance provided under this section 5.05 shall be equal to that
coverage as provided to the City's current active employees and may only be amended if
such plan is amended for all current employees or as otherwise amendable in accordance
with this section.
(c) Offsets. Health insurance benefits or reimbursements payable from any policy, plan,
settlement, judgment, private or public benefit, worker's compensation, or any other
source shall reduce the benefits payable under this section.
(d) Fraud. It is unlawful for a person to willfully and knowingly make, or cause to be made,
or to assist, conspire with, or urge another to make, or cause to be made, any false,
fraudulent, or misleading oral or written statement to obtain this health insurance
coverage. In addition to any applicable criminal penalty, upon conviction for a violation
as described in this subsection (d), a Firefighter or other beneficiary who receives or
seeks to receive health insurance benefits under this section shall forfeit the right to
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receive such health insurance benefits and shall reimburse the City for all benefits paid r00161
due to the fraud or other prohibited activity. For purposes of this subsection, "conviction"
means a determination of guilt that is the result of a plea or trial, regardless whether
adjudication is withheld.
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