§ 9. Miscellaneous.  


Latest version.
  • 1.

    Medical Board. The Board of Trustees may at its own discretion, designate a medical Board to be composed of three (3) physicians, but limited to either M.D.'s and/or D.O.'s, who shall arrange for and pass upon all medical examinations required under the provisions of this ordinance, shall investigate all essential statements or certifications 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 of Trustees its conclusions and recommendations upon all matters referred to it. The payment for such services shall be determined by the Board of Trustees.

    2.

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

    3.

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

    (a)

    The board shall honor court income deduction orders for the payment of alimony or child support in accordance with rules and procedures adopted by the Board of Trustees; or

    (b)

    Upon written request by the retiree, the Board of Trustees may authorize the Plan administrator to withhold from the monthly retirement payment funds necessary to:

    (1)

    Pay for benefits being received through the Town;

    (2)

    Pay the certified bargaining agent; or

    (3)

    To pay for premiums for accident health and long-term care insurance for the retiree's spouse and dependants. A retirement plan does not incur liability for participation in this permissive program if its actions are taken in good faith pursuant to Florida Statute[s] § 185.05(6).

    4.

    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. Said Board is empowered to purge the pension rolls of any person heretofore granted a pension under prior or existing law or heretofore 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.

    5.

    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 such person, make such payment or any part thereof to such persons, 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 system for such payment.

    6.

    Direct transfer of eligible rollover distributions.

    (a)

    General. This subsection applies to distributions made on or after January 1, 1993. Notwithstanding any provision of the plan to the contrary that would otherwise limit a distributee's election under this section, a distributee may elect, at the time and in the manner prescribed by the Board, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover.

    (b)

    Definitions.

    (1)

    Eligible rollover distribution: An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: Any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of ten (10) years or more; any distribution to the extent such distribution is required under Section 401(a)(9) of the Internal Revenue Code. This definition is effective January 1, 2003.

    (2)

    Eligible retirement plan: An eligible retirement plan is an individual retirement account described in Section 408(a) of the Internal Revenue Code, an individual retirement annuity described in Section 408(b) of the Internal Revenue Code, a qualified trust, an annuity plan described in Section 403(a) of the Internal Revenue Code, an eligible deferred compensation plan described in § 457(b) which is maintained by an eligible employer described in § 457(e)(1)(A) of the Code or an annuity contract described in 403(b) of the Code, that accepts the distributee's eligible rollover distribution.

    (3)

    Distributee: A distributee includes an employee or former employee. In addition, the employee's or former employee's surviving spouse and the employee's or former employee's spouse or former spouse who is entitled to a payment for alimony and child support under an income deduction order, are distributee's with regard to the interest of the spouse or former spouse.

    (4)

    Direct rollover: A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee.

    7.

    False or misleading statements made to obtain retirement benefits prohibited.

    (a)

    It is unlawful for a person to willfully and knowingly make, or cause to be made, or to assist, conspire with, or urge another to make, or cause to be made, any false, fraudulent, or misleading oral or written statement or withhold or conceal material information to obtain any benefit under this plan.

    (b)

    (1)

    A person who violates subparagraph (a) commits a misdemeanor of the first degree punishable as provided in Florida Statutes Section 775.082 or 775.083.

    (2)

    In addition to any applicable criminal penalty, upon conviction for a violation described in subparagraph (a), a participant or beneficiary of this plan may, in the discretion of the Board of Trustees, be required to forfeit the right to receive any or all benefits to which the person would otherwise be entitled under this plan. For purposes of this sub-paragraph, "conviction" means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld.

    8.

    401(a)(9) Required Distributions.

    a.

    Effective for distributions after December 31, 1996, in accordance with IRC Section 401(a)(9), all benefits under this plan will be distributed, beginning not later than the required beginning date set forth below, over a period not extending beyond the life expectancy of the member or the life expectancy of the member and a beneficiary.

    b.

    Any and all benefit payments shall begin by the later of:

    1.

    April 1 of the calendar year following the calendar year of the member's retirement date; or

    2.

    April 1 of the calendar year following the calendar year in which the member attains age 70½.

    c.

    If an employee dies before his entire vested interest has been distributed to him, the remaining portion of such interest will be distributed at least as rapidly as provided for under this plan.

    d.

    All distributions under this Plan will be made in accordance with this section, Code Section 401(a)(9) and the regulations thereunder, notwithstanding any provisions of this Plan to the contrary, effective beginning January 1, 2003.

(Ord. No. 20-94, § 4, 12-6-1994; Ord. No. 18-99, § 10, 12-7-1999; Ord. No. 10-03, 9-16-2003; Ord. No. 06-10, 5-18-2010)