2017-O-21 ORDINANCE NO. 2017-0-21
AN ORDINANCE OF THE CITY COUNCIL OF EDGEWATER,
FLORIDA, AMENDING THE CITY OF EDGEWATER, FLORIDA
POLICE OFFICERS' PENSION PLAN TO PROVIDE FOR A PUBLIC
SAFETY LINE OF DUTY INJURY INSURANCE BENEFIT FOR POLICE
OFFICERS; PROVIDING FOR REPEAL OF LAWS IN CONFLICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 112 provides for a health insurance benefit for certain public safety
employees who become permanently disabled after suffering a catastrophic injury while in fresh
pursuit; and
WHEREAS, the City of Edgewater wishes to provide a similar health insurance benefit
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 Chapter 112 for a permanent disability that results
from a catastrophic injury suffered while in fresh pursuit; and
WHEREAS, the City Council has received, reviewed, and considered an actuarial impact
statement describing the actual impact of the amendments provided for herein;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF EDGEWATER FLORIDA, THAT:
Section 1. Section 5.04 is hereby created and shall read as follows:
Section 5.04—Line-of-Duty Injury Health Insurance Benefit.
(a) Eligibility. The City of Edgewater shall continue health insurance coverage for
any Police Officer who has five or more years of credited service under the City
of Edgewater Police Officers' 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 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
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benefit described in this section 5.04 but instead shall be entitled to the benefit
described in section 112.19(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 C ity.
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.
(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 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.
PART B. If any section, subsection, clause, phrase, sentence or portion of this
Ordinance is for any reason declared by a court of competent jurisdiction to be invalid, such
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decision shall be deemed a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portions hereof.
PART C. All sections or parts of sections of the Code of Ordinances, all ordinances
or parts of ordinances, and all resolutions or parts of resolutions, in conflict herewith, be and the
same, are hereby repealed to the extent of such conflict.
PART D. It is the intention of the City Council that the provisions of this Ordinance
shall be come and be made a part of the Code of Ordinances of Edgewater, Florida, and that the
sections of this ordinance may be renumbered or relettered and the word "Ordinance" may be
changed to "Chapter," "Section," "Article," or such other appropriate word or phrase, the use of
which shall accomplish the intention herein expressed.
PART E. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART F. ADOPTION.
After Motion to approve by Councilman Blazi and Second by Councilwoman Vogt, the
vote on first reading of this ordinance which was held on May 1,2017 was as follows:
AYE NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power X
Councilwoman Amy Vogt X
Councilman Dan Blazi X
Councilman Gary Conroy X
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After Motion to approve by and
'�� _ and
Second byr,cam , , , the vote on second
reading/public hearing of this ordinance which was held on
, 2017 was as follows:
AYE NAY
Mayor Mike Ignasiak
Councilwoman Christine Power N
Councilwoman Amy Vogt
Councilman Dan Blazi
Councilman Gary Conroy
PASSED AND DULY ADOPTED this 7'4day of
. 2017.
ATTEST: CITY COUNCIL OF THE
CITY 9F EDGEWATE', FLO IDA
By//71C/A S
AN
Sf
Robin L. Matusick Mike Ignasiak
City Clerk/Paralegal Mayor
For the use and reliance only by the City of Edgewater. Approved by the City Council of the City of Edgewater,
Florida. Approved as to form and legality by: Florida during the CO Council meeting held on
Aaron R.Wolfe,Esquire this ‘54'S day of , 2017 under
City Attorney Agenda Item#8 Q .
Doran.Sims,Wolfe,&Ciocchetti �!
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