2023-O-10 - Amending Police Pension Plan /'�1\
ORDINANCE NO.2023-0-10
AN ORDINANCE OF THE CITY COUNCIL OF
EDGEWATER, FLORIDA, AMENDING THE CITY OF
EDGEWATER, FLORIDA POLICE OFFICERS' PENSION
PLAN SECTION 5.04, ELIMINATING THE LINE OF DUTY
INJURY INSURANCE BENEFIT FOR POLICE OFFICERS
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 Coastal Florida Police Benevolent
Association 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 while in
/OWN fresh pursuit; and
WHEREAS, Section 5.04 of the City of Edgewater Police Officers' Pension Plan
provides health insurance benefits to police officers 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 suffered while in fresh pursuit;
and
WHEREAS, the new terms of the CBA provide for the elimination of such health
insurance benefits for Police Officer participants after the effective date of this Ordinance except
for those members who are vested; and
WHEREAS,the City Council has received, reviewed, and considered an actuarial impact
statement describing the actual impact of the amendments provided for herein.
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NOW THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater,
Florida:
PART A. AMEND SECTION 5.04 OF THE CITY OF EDGEWATER POLICE
OFFICER'S PENSION PLAN
Section 5.04 of the City of Edgewater Police Officer's Pension Plan, is amended to
eliminate the Line of Duty Injury Insurance Benefit for Police Officers 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are hereby superseded by this ordinance to the extent of such conflict.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.
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PASSED .AND DULY ADOPTED this� �day of� , 2023.
Q , ,._�
Diezel DePew, Mayor
ATT1,ST: c71 /r
Bonnie Zlotnik-,-eMC, City Clerk
Passed on first reading on the day of ,2023
REVIEWED AND APPROVED:
Aaron R. Wolf , Cit 'Attorney
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EXHIBIT"A"
Section 5.04—Line-of-Duty In'u Health Insurance Benefit. .
(a) Eligibility. The City of Edgewater shall continue health uisurance
coverage for any Police Officer who has five or more.years of Zredited
service under the City of Edgewater Police Officers' Pension Ftrd, and,,
who, on or after January 1, 1995, suffers an injury in the line of duty.that
would qualify him or her for a Service Incurred Disability Within "the
meaning of section 5.03 of this Plan. A Police Officer who suffers a
catastrophic injury while in fresh pursuit within the meaning of section
112.19(h), Florida Statutes, shall not be entitled to the benefit described in
this section 5.04 but instead shall be entitled to the benefit described in
section I12.19(h), Florida Statutes. This benefit shall apply only to an
injury that occurred while on duty and while the Police Officer is acting
within the scope of employment. The Police Officer shall not be eligible
for this benefit for an injury sustained in connection with any unlawful
acts or any activities not related to a law enforcement assignment.
Eligibility for this benefit shall be determined by the Board of Trustees.
Eligibility shall cease if the Board of Trustees finds that the Police Officer
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 Police Officer reaches age 65. If after reaching age 65 a disabled
Police Officer 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 Police
Officer would have received if he or she were eligible for Social Security
benefits. Any fact or circumstance that would disqualify a Police Officer
from receiving a benefit under section 5.03 of the Plan shall likewise
disqualify the Police Officer from receiving a benefit under this section
5.04. Effective February 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 by Police Officers.
Notwithstanding, any Participant who is currently receiving such benefits
or having claims raid in connection with receipt of the benefits afforded
herein prior to the adoption of this language shall continue to receive such
benefit coverage without interruption.
(b) Amount. The health insurance provided under this section 5.04 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
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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 Police Officer or other beneficiary who receives or
seeks to receive health insurance benefits under this section shall forfeit
the right to receive such health insurance benefits and shall reimburse the
City for all benefits paid 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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