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2019-O-26 - Firefighters Pension Plan Amendment ORDINANCE 2019-0-26 AN ORDINANCE OF THE CITY COUNCIL OF EDGEWATER, FLORIDA, AMENDING ORDINANCE NO. 2014-0-20 RELATING TO THE CITY OF EDGEWATER, FLORIDA FIREFIGHTERS' PENSION PLAN; PROVIDING FOR COMPLIANCE WITH CHAPTER 2019-21, LAWS OF FLORIDA, PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the 2019 Florida Legislature enacted Chapter 2019-21, Laws of Florida, which mandates certain amendments to the Firefighters' Pension Plan; and WHEREAS, an amendment to the Plan is necessary to permit such new obligations and conditions; and WHEREAS, the Trustees of the City of Edgewater, Florida Firefighters' Pension Plan approved the amendment provided herein as being in the best interests of the participants and beneficiaries, and WHEREAS, the City Council has received and reviewed an actuarial impact statement related to this change to the Firefighters' Pension Plan; NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater, Florida: PART A. Section 5.01, Disability Benefits on-duty, is hereby amended by adding the following underlined language. SECTION 5.01 ---Disability Benefits on-duty. Presumption. Any emergency rescue or public safety member who suffers a condition or impairment of health that is caused by hepatitis, 1 #2019-0-26 StriketlFeugh-passages are deleted. Underlined passages are added. meningococcal meningitis, or tuberculosis, that requires medical treatment, and that results in total or partial disability or death shall be presumed to have a disability suffered in the line of duty, unless the contrary is shown by competent evidence; however, in order to be entitled to the presumption, the member must, by written affidavit as provided in F.S. §92.50, verify by written declaration that, to the best of his or her knowledge and belief: (1) In the case of a medical condition caused by or derived from hepatitis,he has not: i. Been exposed, through transfer of bodily fluids, to any person known to have sickness or medical conditions derived from hepatitis, outside the scope of his employment; ii. Had a transfusion of blood or blood components, other than a transfusion arising out of an accident or injury happening in connection with his present employment, or received any blood products for the treatment of a coagulation disorder since last undergoing medical tests for hepatitis, which tests failed to indicate the presence of hepatitis; iii. Engaged in unsafe sexual practices or other high-risk behavior, as identified by the Centers for Disease Control or the Surgeon General of the United States or had sexual relations with a person known to him to have engaged in such unsafe sexual practices or other high-risk behavior; or iv. Used intravenous drugs not prescribed by a physician. (2) In the case of meningococcal meningitis, in the ten (10) days immediately preceding diagnosis he or she was not exposed, outside the scope of his or her employment, to any person known to have meningococcal meningitis or known to be an asymptomatic carrier of the disease. (3) In the case of tuberculosis, in the period of time since the member's last negative tuberculosis skin test, he or she has not been exposed, outside the scope of his or her employment, to any person known by him or her to have tuberculosis. Cancer Presumption As provided and subject to the limitations in 2 #2019-0-26 StFilE h-passages are deleted. Underlined passages are added. section 112.1816, Florida Statues, effective July 1, 2019, a firefighter (as defined in section 112.1816(1), Florida Statutes) Member shall be considered to be totallypermanently disabled in the line of duty if he or she meets the Plan's definition of Totally and Permanently Disabled due to a diagnosis of cancer (as defined in section 112.1816(1), Florida Statutes) or circumstances that arise out of the treatment of such cancer(as defined in section 112.1816(1), Florida Statutes). Immunization. Whenever any standard, medically recognized vaccine or other form of immunization or prophylaxis exists for the prevention of a communicable disease for which a presumption is granted under this section, if medically indicated in the given circumstances pursuant to immunization policies established by the Advisory Committee on Immunization Practices of the U.S. Public Health Service, an emergency rescue or public safety member may be required by the City to undergo the immunization or prophylaxis unless the member's physician determines in writing that the immunization or other prophylaxis would pose a significant risk to the member's health. Absent such written declaration, failure or refusal by an emergency rescue or public safety member to undergo such immunization or prophylaxis disqualifies the member from the benefits of the presumption. Record of exposures. The City shall maintain a record of any known or reasonable suspected exposure of an emergency rescue or public safety member in its employ to the disease described in this section and shall immediately notify the member of such exposure. An emergency rescue or public safety member shall file an incident or accident report with the City of each instance of known or suspected occupational exposure to hepatitis infection, meningococcal meningitis, or tuberculosis. Required medical tests; pre-employment physical. In order to be entitled to the presumption provided by this section: (1) An emergency rescue or public safety member must, prior to diagnosis, have undergone standard, medically acceptable tests for evidence of the communicable disease for which the presumption is sought, or evidence of medical conditions derived therefrom, which tests fail to indicate the presence of infection. This paragraph does not apply in the case of meningococcal meningitis. (2) On or after June 15, 1995, an emergency rescue or public safety member may be required to undergo a pre-employment physical examination that tests for any evidence of hepatitis or tuberculosis. 3 #2019-0-26 &Fikethreugl+-passages are deleted. Underlined passages are added. PART B. Section 5.03, Death Benefits, is hereby amended by adding the following underlined language. SECTION 5.03- Death Benefits. Death prior to retirement; refunds of contributions; death benefits. If a firefighter dies prior to retirement and has at least 5 years of contributing service, his beneficiary is entitled to the benefits otherwise payable to the firefighter at early or normal retirement age or the immediate refund of one-hundred (100%) percent, without interest, of the contributions made to the firefighters' pension trust fund by such deceased firefighter. As provided and subject to the limitations in section 112.1816, Florida Statutes, effective July 1, 2019, a firefighter (as defined in section 112.1816(1), Florida Statutes) Member is considered to have died in the line of duty if'f he or she dies as a result of cancer (as defined in section 112.1816(l), Florida Statutes) or circumstances that arise out of the treatment of such cancer (as defined in section 112.1816(1), Florida Statutes). PART C. EFFECTIVENESS OF REMAINDER OF CHAPTER 175 FLORIDA STATUTES. All other provisions of Chapter 175, Florida Statutes, shall remain in full force and effect. PART D. FILING WITH THE DIVISION OF RETIREMENT. Upon adoption, a copy of this Ordinance shall be filed with the Division of Retirement of the Florida Department of Management Services. PART E. CONFLICTING PROVISION. 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. 4 #2019-0-26 c~i h-passages are deleted. Underlined passages are added. PART F. 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 G. EFFECTIVE DATE. This Ordinance shall be effective upon passage; however, the provisions of this Ordinance that are specified to take effect as of a date certain shall take effect as of the date specified herein. PART H. ADOPTION. After Motion by Council Member Councilman Conroy and Second by Councilwoman Power, the vote on the first reading of this ordinance held on the 18th day of November, 2019 was as follows: AYE NAY Mayor Mike Thomas X Councilwoman Christine Power X Councilwoman Kimberly Yaney X Councilwoman Megan O'Keefe X Councilman Gary Conroy X 5 #2019-0-26 Strip passages are deleted. Underlined passages are added. After Motion byX�c�cjhcz — cz st; and Second by r the vote on the second reading of this ordinance held on c the 6th day of January, 2020 was as follows: AYE NAY Mayor Mike Thomas \t Councilwoman Christine Power Councilwoman Kimberly Yaney Councilwoman Megan O'Keefe Councilman Gary Conroy PASSED AND DULY ADOPTED this 6t" day of January, 2020. ATTEST: CITY COUNCIL OF THE CITY OF ED W ER, ORIDA t R Robin L. Matusick, CMC Mike Tho City Clerk/Paralegal a APPROVED FOR FORM RR/ECT Dated: Aaron Wolfe City Attorney For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 6th day of legality by: Aaron R. Wolfe, Esquire January, 2020 under Agenda Item#8 0,. City Attorney Doran, Sims, Wolfe, Ciocchetti & Yoon 6 #2019-0-26 Stfili�passages are deleted. Underlined passages are added.