§ 13-17. Miscellaneous.

(a)

Medical board. The board shall designate a medical board to be comprised of one (1) or more physicians who shall arrange for and pass upon all medical examinations required under the provisions of this chapter, shall investigate all essential statements or certificates made by or on behalf of a member in connection with an application for disability or retirement and shall report in writing to the board its conclusions and recommendations upon all matters referred to it. The payment for such services shall be determined by the board.

(b)

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

(c)

Non-assignability. No benefit provided for herein shall be assignable or subject to garnishment for debt or for other legal process except to the extent required by law.

(d)

Pension validity. The board 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. Said 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 ordinance 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 ordinance be erroneously, improperly or illegally classified.

(e)

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

(f)

Qualified military service. Notwithstanding any provisions of this plan to the contrary:

(1)

Contributions, benefits and service credit with respect to qualified military service will be provided in accordance with (i) IRC Section 414(u) and (ii) F.S. Ch. 185;

(2)

In the case of a death occurring on or after January 1, 2007, if a member dies while performing qualified military service, the survivors of the member are entitled to any additional benefits (other than benefit accruals relating to the period of qualified military service) provided under the fund as if the member had resumed and then terminated employment on account of death;

(3)

For benefit accrual purposes, the plan will treat any member who dies or becomes disabled on or after January 1, 2007, while performing qualified military service (as defined in IRC Section 414(u)) as if the member had resumed employment in accordance with his reemployment rights under USERRA, on the day preceding death or disability (as the case may be) and separated from service on the actual date of such death or disability; and

(4)

Differential wage payments. For years beginning after December 31, 2008, (i) an individual receiving a differential wage payment, as defined by IRC Section 3401(h)(2), is treated as a member of the employer making the payment, (ii) the differential wage payment is treated as compensation, and (iii) the plan is not treated as failing to meet the requirements of any provision described in IRC Section 414(u)(1)(C) by reason of any contribution or benefit which is based on the differential wage payment.

(g)

Construction; separability; amendment; repeal. In the construction of the plan, the masculine shall include the feminine and the singular the plural in all cases where such meanings would be appropriate. The headings and subheadings in this plan have been inserted for convenience or reference only, and are to be ignored in any construction of the provisions hereof.

As described in section 13-5, the provisions of this Code and the plan are intended to meet the requirements of a qualified plan under IRC Section 401(a) and to be tax-exempt under IRC Section 501(a). Should any changes be required to the ordinance for the ordinance or the plan to comply or to continue to comply with the provisions of IRC Sections 401(a) and 501(a), the board shall prepare a statement for the city describing the changes and the city shall, after reviewing the board's statement, make any such required changes to the ordinance.

(Ord. No. 94-153, § 1, 12-6-94; Ord. No. 2017-104, § 2, 5-17-17)