§ 33.81. OTHER PROVISIONS.

(A)

Discharged Members. Members entitled to a pension shall not forfeit the same upon dismissal from the department, but shall be retired as herein described.

(B)

Recovery from Disability. In the event a member who has been retired on a disability benefit regains his health and is able to perform his duties in the Fire-Rescue Department, the Board of Trustees shall require the member to resume employment with the respective department and discontinue the pension; provided that if a member shall after resuming his position pay into the Fund an amount equal to the aggregate contributions plus interest at a rate to be determined by the Board (computed upon his annual earnings at the time of his disability retirement) he would have been required to make hereunder, as determined by the Board, during the period of his disability retirement had he not been retired, the member shall receive creditable service for the period of disability retirement. In any event, a member shall retain credit for the period of continuous service prior to the date of disability.

(C)

Nonassignability. No benefit provided for herein shall be assignable or subject to garnishment for debt or for other legal process.

(D)

Duration of Benefits. Benefits granted to members shall be paid to them for life and shall not be revoked nor in any way diminished except as provided in this subchapter and the payments of the member to this fund shall cease upon his retirement and acceptance of a benefit or thirty (30) years of continuous service or termination.

(E)

Pension Validity. The Board of Trustees shall have the power to examine into the facts upon which any pension shall heretofore have been granted under any prior or existing law, or shall hereafter be granted or obtained erroneously, fraudulently, or illegally for any reason. The Board is empowered to purge the pension rolls of any person heretofore granted a pension under prior or existing law or hereafter granted under this subchapter if the same is found to be erroneous, fraudulent, or illegal for any reason; and to reclassify any pensioner who has heretofore under any prior or existing law, or who shall hereafter under this subchapter be erroneously, improperly or illegally classified.

(F)

Incompetents. If any member or beneficiary is a minor or is, in the judgment of the Board, otherwise incapable of personally receiving and giving a valid receipt for any payment due him under the system, the Board may, unless and until claims shall have been made by a duly appointed guardian or Committee of that person, make the payment or any part thereof to the person's spouse, children or other person deemed by the Board to have incurred expenses or assumed responsibility for the expenses of that person. Any payment so made shall be a complete discharge of any liability under the system for the payment.

(G)

Miscellaneous Provisions.

(1)

The Board will furnish the actuary with all data required for necessary actuarial computations under the plan.

(2)

No payment or any benefit, contribution or other sum which would constitute a violation of any applicable wage control law shall be made hereunder.

(3)

The benefits for any person who was a member under F.S. ch. 175, immediately prior to the effective date of this subchapter, shall not be less than those which he would have received under the plan prior to the effective date based on his rate of earnings in effect as of the effective date.

(H)

Lump-Sum Distributions in Excess of One Thousand Dollars ($1,000.00). Notwithstanding any provision of the system to the contrary, and only to the extent a lump-sum distribution is expressly authorized, a lump-sum distribution in excess of one thousand dollars ($1,000.00) shall be made only upon the written request of a member or designated beneficiary.

(I)

A member who retires and begins to receive retirement income may, following cessation of all City employment for a period of at least thirty (30) days, return to City employment in a part-time capacity and continue receiving retirement income from the plan. In no event shall such reemployment be arranged or agreed to prior to the member's retirement.

(Ord. No. 17-16 , § 2, passed 10/4/16; Ord. No. 18-18 , § 3, passed 9/6/18)