The years or fractional parts of a year that a member performs
"qualified military service" consisting of voluntary or involuntary
"service in the uniformed services" as defined in the Uniformed Services
Employment and Reemployment Rights Act (USERRA) (P.L. 103-353), after
separation from employment as a firefighter with the City to perform
training or service, shall be added to his years of credited service
for all purposes, including vesting, provided that:
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(1)
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The member is entitled to reemployment under the provisions
of USERRA.
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(2)
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The member returns to his employment as a firefighter within
one year from the earlier of the date of his military discharge or
his release from active service, unless otherwise required by USERRA.
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(3)
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The maximum credit for military service pursuant to this definition
shall be five years.
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(4)
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This definition is intended to satisfy the minimum requirements
of USERRA. To the extent that this definition does not meet the minimum
standards of USERRA, as it may be amended from time to time, the minimum
standards shall apply.
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In the event a member dies on or after January 1, 2007, while
performing USERRA qualified military service, the beneficiaries of
the member are entitled to any benefits (other than benefit accruals
relating to the period of qualified military service) as if the member
had resumed employment and then died while employed.
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Beginning January 1, 2009, to the extent required by Section
414(u)(12) of the code, an individual receiving differential wage
payments [as defined under Section 3401(h)(2) of the code] from an
employer shall be treated as employed by that employer, and the differential
wage payment shall be treated as compensation for purposes of applying
the limits on annual additions under Section 415(c) of the code. This
provision shall be applied to all similarly situated individuals in
a reasonably equivalent manner.
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Leave conversions of unused accrued paid time off shall not
be permitted to be applied toward the accrual of credited service
either during each plan year of a member's employment with the
City or in the plan year in which the member terminates employment.
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A member shall not become eligible for disability benefits until
and unless he undergoes a physical examination by a qualified physician
or physicians and/or surgeon or surgeons, who shall be selected by
the Board for that purpose. The Board shall not select the member's
treating physician or surgeon for this purpose except in an unusual
case where the Board determines that it would be reasonable and prudent
to do so.
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Any retiree receiving disability benefits under provisions of
this section may be required by the Board to submit sworn statements
of his condition accompanied by a physician's statement (provided
at the retiree's expense) to the Board annually and may be required
by the Board to undergo additional periodic reexaminations by a qualified
physician or physicians and/or surgeon or surgeons who shall be selected
by the Board, to determine if such disability has ceased to exist.
If the Board finds that the retiree is no longer permanently and totally
disabled to the extent that he is unable to render useful and efficient
service as a firefighter, the Board shall recommend to the City that
the retiree be returned to performance of duty as a firefighter, and
the retiree so returned shall enjoy the same rights he had at the
time he was placed upon pension. In the event the retiree so ordered
to return shall refuse to comply with the order within 30 days from
the issuance thereof, he shall forfeit the right to his pension.
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The cost of the physical examination and/or reexamination of
the member claiming or the retiree receiving disability benefits shall
be borne by the fund. All other reasonable costs as determined by
the Board incident to the physical examination, such as, but not limited
to, transportation, meals and hotel accommodations, shall be borne
by the fund.
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If the retiree recovers from disability and reenters the service
of the City as a firefighter, his service will be deemed to have been
continuous, but the period beginning with the first month for which
he received a disability retirement income payment and ending with
the date he reentered the service of the City will not be considered
as credited service for the purposes of the system.
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The Board shall have the power and authority to make the final
decisions regarding all disability claims.
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The monthly benefit to which a member is entitled in the event
of the member's disability retirement shall be payable on the
first day of the first month after the Board determines such entitlement.
However, the monthly retirement income shall be payable as of the
date the Board determined such entitlement, and any portion due for
a partial month shall be paid together with the first payment. The
last payment will be:
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For purposes of this Subsection P(2)(b), distributions are considered to begin on the member's required beginning date or, if Subsection P(2)(b)[4] applies, the date of distributions are required to begin to the surviving spouse under Subsection P(2)(b)[1]. If annuity payments irrevocably commence to the member before the member's required beginning date [or to the member's surviving spouse before the date distributions are required to begin to the surviving spouse under Subsection P(2)(b)[1]], the date distributions are considered to begin is the date distributions actually commence.
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If, after 24 months after the date the plan terminated or the
date the Board received written notice that the contributions thereunder
were being permanently discontinued, the City or the Board of the
fund affected has not complied with all the provisions in this subsection,
the Florida Department of Management Services will affect the termination
of the fund in accordance with this subsection.
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There is hereby established an additional plan component to
provide special benefits in the form of supplemental retirement, termination,
death and disability benefits to be in addition to the benefits provided
for in the previous sections of this plan, such benefit to be funded
solely and entirely by Chapter 175, Florida Statutes, premium tax
monies for each plan year which are allocated to this supplemental
component as provided for in § 175.351, Florida Statutes.
Amounts allocated to this supplemental component ("share plan"), if
any, shall be further allocated to the members and DROP participants
as follows:
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