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ORDINANCE NO. 2000-0-18
AN ORDINANCE OF THE CITY COUNCIL OF
EDGEW A TER, FLORIDA; MODIFYING ORDINANCE 99-0-
04 OF THE CITY OF EDGEWATER, FLORIDA,
FIREFIGHTERS' PENSION PLAN; PROVIDING FOR
CLARIFICATION LANGUAGE AS TO LENGTH OF
SERVICE TO BE ELIGIBLE FOR A LINE OF DUTY
DISABILITY BENEFIT IN SECTION 10(1) AS SUGGESTED
BY THE DIVISION OF RETIREMENT FOR THE ST ATE OF
FLORIDA; PROVIDING FOR THE FILING WITH THE
DIVISION OF RETIREMENT OF THE FLORIDA
DEPARTMENT OF MANAGEMENT SERVICES;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE AND FOR ADOPTION.
WHEREAS, the City Council ofthe City of Edgewater, Florida, has made the following
determinations:
1. On September 27, 1999, Council adopted Ordinance Number 99-0-04 which
amended the firefighters' pension plan to comply with minimum requirements
contained in amendments to Chapter 175 ofthe Florida Statutes.
2. Upon submittal of Ordinance Number 99-0-04 to the Division of Retirement
Services, the Division suggested an additional change intended to clarify the length
of service required to qualify for an in the line-of-duty disability benefit.
3. In its continuing effort to comply with the suggestions and requirements put forth by
the Division of Retirement for the State of Florida, the Council desires to incorporate
the suggested language in the City of Edgewater Firefighters' Pension Fund
accordingly.
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NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
AMENDMENT OF ORDINANCE NUMBER 99-0-04, SECTION 10
(DISABILITY RETIREMENT), SUBPARAGRAPH (1) TO READ AS
FOLLOWS:
Section 10, Subparagraph (1) is amended to read as follows:
Section 10. Disability retirement.
(1) A firefighter having five (5) or more continuous years of credited service and having
contributed to the firefighters' pension trust fund for five (5) years or more or a firefighter
who becomes totally and permanently disabled in the line of duty. regardless of the length
of service. may retire from the service ofthe municipality or special fire control district under
the plan if, prior to his or her normal retirement date, the firefighter becomes totally and
permanently disabled as defined in subsection (2) by reason of any cause other than a cause
set out in subsection (3) on or after the effective date of the plan. Such retirement shall
herein be referred to as "disability retirement."
PART B.
FILING WITH THE DIVISION OF RETIREMENT.
Upon adoption, a copy of this Ordinance shall be filed with the Division of Retirement ofthe
Florida Department of Management Services.
PART C. 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 D. 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
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circumstance, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART E. EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F. ADOPTION.
After Motion by Councilman Brown and Second by Councilwoman Lichter, the vote on the
first reading ofthis ordinance held on August 21, 2000, is as follows:
AYE NAY
Mayor Donald A. Schmidt -1L -
Councilman James P. Brown -1L -
Councilman Dennis A. Vincenzi -1L -
Councilwoman Harriet E. Rhodes -1L -
Councilwoman Judy Lichter -1L -
After Motion byCrw.-.l- J1l....h- and Second by ~ ~ , the vote on
the second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt ~ -
Councilman James P. Brown --i-
Councilman Dennis A. Vincenzi Y.
Councilwoman Harriet E. Rhodes ~
Councilwoman Judy Lichter ''/.
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PASSED AND DULY ADOPTED this 11'" day of September, 2000.
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By: �
Donald A. Schmidt
Mayor
C?Ob i A lie r K
Robin L. Matusick T
Legal Assistant
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