2017-O-20 ORDINANCE NO. 2017-0-20
AN ORDINANCE OF THE CITY COUNCIL OF EDGEWATER,
FLORIDA, AMENDING THE CITY OF EDGEWATER, FLORIDA
FIREFIGHTERS' PENSION PLAN TO PROVIDE FOR A PUBLIC
SAFETY LINE OF DUTY INJURY INSURANCE BENEFIT FOR
FIREFIGHTERS; 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; and
WHEREAS, the City of Edgewater wishes to provide a similar health insurance benefit
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 Chapter 112 for a permanent disability that results from a
catastrophic injury; 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 THAT:
PART A. Section 5.05 is hereby created and shall read as follows:
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
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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.
(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,
Dian, 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 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
decision shall be deemed a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portions hereof.
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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 Power, 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 byfit- ,-)6.,.4�,R -�rL* and
Second by �� ' : . 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
Councilwoman Amy Vogt
Councilman Dan Blazi
Councilman Gary Conroy N,
PASSED AND DULY ADOPTED this 341 day of
UL-ca,) . 2017.
ATTEST: CITY COUNCIL OF THE
CITY �EDGEWATE/,,FL I RIDA
.CS1-1-NrLLN r.4 By: +LVA41t'•, 4
Robin L. tusic Mike Ignasiakl
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 wring the City Council meeting held on
Aaron R.Wolfe,Esquire this S day of L1C..t-sit, , 2017 under
City Attorney Agenda Item#8 .
Doran,Sims,Wolfe,&Ciocchetti
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