(a)     Retirement dates:

(1)     Normal Retirement Date. A Member shall be eligible to retire at his Normal Retirement Date.

(2)     Election of Normal Retirement Date. Members on approved disability may elect between Normal Retirement Dates as set forth below:

a.     Members on approved disability, where the date of disability as determined by the Board is prior to September 13, 1992 for Members who are Police Officers and is prior to January 13, 1993 for Members who are Firefighters, may elect treatment under either the earlier Normal Retirement Date of forty-seven (47) years of age and twenty (20) years of Creditable Service ("47 and 20 Normal Retirement Date") or the later Normal Retirement Date of fifty (50) years of age and twenty (20) years of Creditable Service ("50 and 20 Normal Retirement Date").

b.     Members on approved disability, where the date of disability as determined by the Board is (i) prior to October 1, 1997 but after September 13, 1992 for Members who are Police Officers or, (ii) prior to October 1, 1997 but after January 13, 1993 for Members who are Firefighters may elect treatment under either the earlier Normal Retirement Date of twenty (20) years of Creditable Service ("Twenty and Out Normal Retirement Date") or the later "47 and 20 Normal Retirement Date".

(3)     A Member shall be eligible to retire at his Early Retirement Date, provided the City Manager has consented to such early retirement.

(b)     Normal Retirement Benefits:

(1)     Amount. The monthly normal retirement benefit for Members shall be determined in accordance with one of the following benefit accrual formulas set forth in subsections (b)(1)a., (b)(1)b., (b)(1)b.1, (b)(1)c., or (b)(1)d. below:

a.     An average equal to three (3) percent of Average Monthly Earnings as defined in section 20-127 for each of the first twenty (20) years of Creditable Service, plus two (2) percent for each additional year of Creditable Service thereafter ("3 + 2 benefit accrual formula") with any final fractional year to be prorated.

b.     For Firefighters, an amount equal to three (3) percent of Average Monthly Earnings as defined in section 20-127 for each of the first ten (10) years of Creditable Service plus three and one-quarter (3 1/4) percent of Average Monthly Earnings for each year of Creditable Service after completion of the first ten (10) years but not for service in excess of twenty (20) years, plus three (3) percent of Average Monthly Earnings for each year of service in excess of the first twenty (20) years of Creditable Service ("Firefighter 3 / 3 1/4 / 3 benefit accrual formula"), with any final fractional year to be prorated. The maximum benefit accrual permitted under this Firefighter 3 / 3 1/4 / 3 benefit accrual formula is seventy-five (75) percent of Average Monthly Earnings, except as may otherwise be specifically provided herein.

i.     Firefighters who became Members of the Plan on or after December 10, 1993 shall have their normal retirement benefit calculated in accordance with the Firefighter 3 / 3 1/4 / 3 benefit accrual formula set forth in subsection (b)(1)b. above for all years of Credited Service.

ii.     Firefighters who are Members of the Plan on January 19, 1994, but who are not in the group described in subsection (b)(1)b.i. above, shall have their normal retirement benefit calculated in accordance with the Firefighter 3 / 3 1/4 / 3 benefit accrual formula set forth in subsection (b)(1)b. above for all years of Credited Service, unless they have delivered a written election to the Office of the Retirement System and the City's Finance Director prior to March 31, 1994 electing to continue to accrue benefits in accordance with the 3 + 2 benefit accrual formula set forth in subsection (b)(1)a. above.

iii.     Firefighters who are Members of the Plan and who have, as of January 19, 1994, attained or exceeded the maximum benefit accrual permitted under the Firefighter 3 / 3 1/4 / 3 benefit accrual formula set forth in subsection (b)(1)b. above, shall be permitted to retain benefit accruals earned through January 19, 1994, but shall not be permitted any further benefit accrual after January 19, 1994, unless they have timely elected, as set forth in subsection (b)(1)b.ii. above, to continue to accrue benefits under the 3+2 benefit accrual formula set forth in subsection (b)(1)a. above.

iv.     Firefighters who became Members of the Plan prior to December 10, 1993, but who elected pursuant to section (b)(1)b.ii. to continue to accrue benefits in accordance with the 3 + 2 benefit accrual formula set forth in subsection (b)(1)a. above may elect to accrue benefits in accordance with the Firefighter 3 / 3 1/4 / 3 benefit accrual formula set forth in subsection (b)(1)b. above, for all years of Creditable Service, by delivery of a written notice of election to the Office of the Retirement System and the City's Finance Director no later than December 15, 1997 or retirement, whichever shall first occur. The election to convert hereunder shall be at no cost to the Member. DROP Participants shall not be eligible to elect the conversion hereunder.

v.     Firefighters who have attained their Normal Retirement Date on or before October 2, 1996 shall be permitted to purchase up to one (1) year of additional Credited Service at the full actuarial equivalent cost as determined by the Plan's actuary. A Firefighter purchasing such additional Credited Service may utilize this provision to extend the maximum benefit accrual under section 20-129(b)(1)b. to seventy-eight (78) percent of Average Monthly Earnings.

b.1.     Firefighters, who were accruing Creditable Service as of October 1, 2002 pursuant to the "Firefighter 3 / 3 1/4 / 3 benefit accrual formula", and who were DROP Participants as of October 1, 2002 and in the employ of the City on October 1, 2002 and Firefighters who become Members of this Plan on or after October 1, 2002, shall accrue an amount equal to 3.38% of Average Monthly Earnings as defined in Sec. 20-127 for all years of Creditable Service ("Firefighter 3.38% benefit accrual formula"), with any final fractional year to be prorated. The maximum benefit accrual permitted under this Firefighter 3.38% benefit accrual formula is eighty-one (81%) percent of Average Monthly Earnings, except as may otherwise be specifically provided below:

i.     DROP Participants. Firefighters converting from a Firefighter 3 / 3 1/4 / 3 benefit accrual formula to a Firefighter 3.38% benefit accrual formula who (i) are still in the employ of the City as of October 1, 2002 and (ii) are DROP Participants as of October 1, 2002 shall be permitted to exceed the maximum benefit accrual of 81% for Creditable Service earned on or before October 1, 2002, but not to exceed a maximum benefit accrual of 91.26%.

ii.     Eligible, But Not Electing DROP.

iii.     Firefighters converting from a Firefighter 3 / 3 1/4 / 3 benefit accrual formula to a Firefighter 3.38% benefit accrual formula who (i) are not DROP Participants as of October 1, 2002, (ii) are still in the employ of the City as of October 1, 2002, and (iii) have twenty-three (23) or more years of Creditable Service as of October 1, 2002, shall be permitted to exceed the maximum benefit accrual of 81% for Creditable Service earned on or before October 1, 2002, but not to exceed a maximum benefit accrual of 91.26%.

iv.     Firefighters who in converting to the Firefighter 3.38% benefit accrual formula exceed the otherwise applicable maximum accrual rate of 81% shall not continue to accrue Creditable Service for service rendered after October 1, 2002.

c.     For Police Officers, an amount equal to three(3) percent of Average Monthly Earnings as defined in section 20-127 for all years of Creditable Service ("police 3 + 3 benefit accrual formula"), with any final fractional year to be prorated. The maximum benefit accrual permitted under this police 3 + 3 benefit accrual formula is eighty-one (81) percent of Average Monthly Earnings, except as may otherwise be specifically provided herein.

i.     Police Officers who became Members of the Plan on or after October 1, 1994 shall have their normal retirement benefit calculated in accordance with the police 3 + 3 benefit accrual formula set forth in subsection (b)(1)c. above.

ii.     Police Officers who became Members of the Plan prior to October 1, 1994 and who have not retired shall have their normal retirement benefit calculated in accordance with the police 3 + 3 benefit accrual formula set forth in subsection (b)(1)c. above, for all years of Creditable Service prior to October 19, 1994, unless they deliver a written election to the Office of the Retirement System and the City's Finance Director prior to March 31, 1995 or retirement, whichever shall first occur, electing to continue to accrue benefits in accordance with the 3 + 2 benefit accrual formula set forth in subsection (b)(1)a. above.

iii.     Police officers who are Members of the Plan and who have, as of October 18, 1994, attained or exceeded the maximum benefit accrual permitted under the police 3 + 3 benefit set forth in subsection (b)(1) c. above, shall be permitted to retain benefit accruals earned through October 18, 1994, but shall not be permitted any further benefit accrual after October 18, 1994, unless they have timely elected, as set forth in subsection (b)(1)c.ii. above, to continue to accrue benefits under the 3 + 2 benefit accrual formula set forth in subsection (b)(1)a. above.

d.     Police Officers, who were accruing service as of October 1, 2000 pursuant to the "Police 3 + 3 benefit accrual formula" as set forth in Sec. 20-129 (b)(1)c. above, shall accrue an amount equal to 3.38% of Average Monthly Earnings as defined in Sec. 20-127 for all years of Creditable Service ("Police 3.38% benefit accrual formula"), with any final fractional year to be prorated. The maximum benefit accrual permitted under this Police 3.38% benefit accrual formula is eighty-one (81%) percent of Average Monthly Earnings, except as may otherwise be specifically provided below:

i.     Police Officers converting from a Police 3 + 3 benefit accrual formula to a Police 3.38% benefit accrual formula as set forth in Sec. 20-129 (b)(1)d. above and who (i) first attained forty-seven (47) years of age and twenty (20) years of service on or before October 1, 1997 and (ii) failed to elect to participate in DROP, shall be permitted to exceed the maximum benefit accrual of 81% for Creditable Service earned on or before October 1, 2000, but not to exceed a maximum benefit accrual of 91.26%. Police Officers in Sec. 20-129(b)(1)d.i. who, on the date of converting to a 3.38% benefit accrual formula exceed the otherwise applicable maximum accrual rate of 81% shall not continue to accrue Creditable Service for service after October 1, 2000.

ii.     Police Officers converting from a Police 3 + 3 benefit accrual formula to a Police 3.38% benefit accrual formula as set forth in Sec. 20-129 (b)(1)d. above and who as of October 1, 2000 (i) had twenty-four (24) or more years of Creditable Service, but (ii) had not attained 47 years of age, shall be permitted to exceed the maximum benefit accrual of 81% for Creditable Service earned on or before October 1, 2000, but not to exceed a maximum benefit accrual of 91.26%. Police Officers in Sec. 20-129(b)(1)d.ii. who, on the date of converting to a 3.38% benefit accrual formula exceed the otherwise applicable maximum accrual rate of 81% shall not continue to accrue Creditable Service for service after October 1, 2000.

iii.     Police Officers converting from a Police 3 + 3 benefit accrual formula to a Police 3.38% benefit accrual formula as set forth in Sec. 20-129 (b)(1)d. above who (i) first became DROP Participants on or after March 1, 1998 and (ii) are still in the employ of the City on October 1, 2000, shall have their normal retirement benefits adjusted in accordance with the increase in benefit accrual rate under Sec. 20-129 (b)(1)d. above, and shall be permitted to exceed the maximum benefit accrual of 81% for Creditable Service earned prior to becoming DROP Participants, but not to exceed a maximum benefit accrual of 91.26%.

(1.1)     Two (2) percent bonus for Firefighters. For Members who are Firefighters who are in the employ of the City on or after January 24, 1992, and who receive, after January 24, 1992, their initial monthly normal retirement benefit pursuant to subsection 29-129(b)(1), the amount of the monthly normal retirement benefit provided for above in this subsection 20-129(b)(1) shall be increased by adding two (2) additional percentage points to the benefit accrual formula set forth in subsection 20-129(b)(1) above. The bonus points provided for in this subsection shall be added to the otherwise applicable maximum benefit accrual. The bonus points provided for in this subsection shall be available to Members who have elected the early window for normal retirement under subsection 20-129(b)(4). The two (2) percent bonus provided for in this subsection (b)(1.1) shall not be available to Firefighters who became Members after December 10, 1993.

(1.2)     BAC-DROP. An eligible Member may have a portion of his normal retirement benefit under section 20-129(b)(1) paid in a lump sum with the remaining monthly benefits adjusted in accordance with the provisions of the Benefit Actuarially Calculated Deferred Retirement Option Program (BAC-DROP), as hereinafter set forth.

a.     An eligible Member may elect to receive as a lump sum BAC-DROP distribution an amount, not to exceed the equivalent of thirty-six (36) months of normal retirement benefits as determined under section 20-129(b)(1). The amount of the lump sum BAC-DROP distribution elected by the eligible Member must be expressed in whole number multiples of the monthly normal retirement benefit as described above. The monthly normal retirement benefits otherwise due the BAC-DROP eligible Member shall be actuarially reduced by the amount of the lump sum BAC-DROP distribution elected, so that when (i) the amount of the lump sum BAC-DROP distributions elected is considered together with (ii) the future actuarially reduced monthly normal retirement benefits, the combination of (i) and (ii) above has an actuarial equivalent cost to the Plan of the Member not participating in BAC-DROP. The actuarial reduction and actuarial equivalent values shall be determined by the Plan's actuary.

b.     The Member may elect to defer receiving the lump sum BAC-DROP distribution described above for a period not to exceed twelve (12) months after the Member's termination of employment with the City. Interest shall not be paid on the deferred lump sum BAC-DROP distribution. The exercise of rights under this subsection shall be consistent with the rules of constructive receipt under the Internal Revenue Code.

c.     In order for a Member to be eligible to participate in BAC-DROP, the Member must have minimally attained his Normal Retirement Date. No Member who elects a DROP Retirement is eligible to participate in BAC-DROP.

d.     To qualify for participation in BAC-DROP, an eligible Member must elect to participate in BAC-DROP at the time of application for retirement and at least thirty (30) days prior to the date of retirement.

(2)     Duration, survivor benefits. Except as is otherwise provided under section 20-129(b.1) for Deferred Retirement Option Program, a Member retiring hereunder on or after his Normal Retirement Date shall receive a monthly benefit which shall commence on or after his Normal Retirement Date and be continued thereafter during his lifetime. For Members who are in DROP Retirement, as to the balances in a DROP Account, duration and survivor benefits payable upon the death of a DROP Participant shall be as provided in section 20-129(b.1)(10). Upon the death of a Member who is not a DROP Participant, where either (i) the Member has died after receiving ten (10) years of retirement benefits, or (ii) the Member has elected treatment under the duration, survivor benefit formula in lieu of the ten (10) year certain formula in section 29-129(h)(1)a., then the full retirement benefit shall be continued to his spouse as of the date of death for one (1) year and 60% of said amount continued thereafter until the earlier of death or remarriage of such spouse. In addition, there shall be paid to each child of such deceased Member until the earlier of such child marrying, dying or attaining age eighteen (18), in equal monthly installments, an amount equal to 20% of the Member's retirement benefit, subject to an overall maximum (spouse and children) of 100% of such deceased Member's monthly benefit. If there is no spouse, or if upon the spouse's death or remarriage there is such a child or children surviving, each child shall receive a monthly amount equal to 25% of the Member's full monthly benefit, subject to an overall maximum of 100, payable until the earlier of such child's death, marriage or the attaining of age eighteen (18).

(3)     Credit for service in different categories of employment. As regards any Member under the System who has been employed by the City as both an employee as defined in the City's General Employee's Retirement System and as a Police Officer or Firefighter, the retirement benefit for any such Member shall be computed so that Creditable Service as an employee shall be based upon the benefit provision of the General Employees' Retirement System and as regards Creditable Service as a Police Officer or Firefighter, the retirement benefit shall be computed on the basis of the benefit formula of this System.

(4)     Early window for normal retirement; bonus incentive for firefighters.

a.     For a period commencing January 31, 1994 and ending March 31, 1994, Members who are Firefighters who have attained forty-seven (47) years of age or more and twenty-five (25) or more years of Creditable Service as of January 31, 1994 shall be eligible for normal retirement under subsection 20-129(b)(1), provided such Member files written notice of election of the retirement opportunity under this subsection (b)(4) with the Office of the Retirement System and the City Finance Director on or before March 31, 1994 and such Member actually retires on or before April 7, 1994. All retirements administered under this subsection (b)(4) and the time periods set forth herein shall be subject to compliance with Title II of the Older Workers Benefit Protection Act.

b.     Those eligible Members electing the retirement opportunity provided for in this subsection (b)(4) shall have their normal retirement benefit calculated in accordance with the 3 + 3 benefit accrual formula set forth in subsection 20-129(b)(1)b. for all years of Credited Service, without regard to the maximum accrual limitations set forth in such subsection 20-129(b)(1)b. Eligible Members retiring under this subsection (b)(4) shall have the two percentage points set forth in subsection 20-129(b)(1.1) added to their benefit accrual formula for their normal retirement benefit.

c.     As a bonus incentive for eligible Members electing the retirement opportunity provided for in this subsection (b)(4), the amount of the normal retirement benefit provided for in subsection 20-129(b)(4)b. above shall be increased in adding seven (7) additional percentage points to the benefit accrual formula otherwise applicable under subsection 20-129(b)(4)b. above.

(5)     Early window for normal retirement for certain police officers; bonus incentive.

a.     The procedures and provisions of section 20-129(b)(4)a. concerning an early window for normal retirement are hereby made applicable, for a period of ninety (90) days from the effective date of this subsection (5), to Members who are Police Officers who have attained the rank of captain, major, deputy chief or chief and who otherwise qualify for the early window under section 20-129(b)(4)a. All time frames for the administration, election and eligibility for the early window for normal retirement hereunder shall be measured from the effective date of this subsection (5).

b.     The four (4) additional percentage point bonus incentive set forth in section 20-129(b)(4)b. shall apply to eligible Members electing the early window of retirement under this subsection (5).

(b.1)     Deferred Retirement Option Program. A Deferred Retirement Option Program ("DROP") is hereby created for eligible Members. The purpose of this DROP is to encourage eligible Members to commence retirement in accordance with the DROP at the earliest available date. The DROP is intended to comply with all the provisions of the Internal Revenue Code applicable to this Plan and to all provisions of Chapter 175 and 185, Florida Statutes applicable to this local Plan receiving state premium tax monies Notwithstanding anything to the contrary herein, neither the Board nor the City shall take any action contrary to the Internal Revenue Code provisions applicable to this Plan, the tax qualification status of this Plan, or contrary to any provisions of Chapters 175 and 185, Florida Statutes applicable to this local Plan receiving state premium tax monies.

(1)     A Member who attains DROP Retirement Date, on or after April 1, 2004 without regard to age, shall be eligible to participate in DROP as hereinafter provided.

(2)     A Member who commences his DROP Period on or after April 1, 2004 may participate in DROP for a maximum of sixty (60) months provided the Member's DROP Period commences on or before the first day of the month coincident with or next following the date the Member completes twenty-two (22) years of Creditable Service. For each month or fraction thereof the Member delays entry into DROP following the Member's completion of twenty-two (22) years of Creditable Service, the sixty (60) month maximum period of DROP Participation shall be correspondingly reduced by one month or fraction thereof.

a.     On and after April 1, 2004, eligibility to participate in DROP shall terminate upon the earlier of (i) sixty (60) months of DROP participation, (ii) completion of the twenty-seventh (27th) year of Creditable Service, (iii) death of the Member during DROP Retirement, or (iv) termination of employment with the City.

b.     For DROP Periods that commence on or after April 1, 2004, the DROP Period shall terminate upon the earlier of (i) sixty (60) months of DROP participation, (ii) completion of the twenty-seventh (27th) year of Creditable Service, (iii) death of the Member during DROP Retirement, or (iv) termination of employment with the City.

(3)     In order to participate in the DROP, an eligible Member must meet the following conditions:

a.     A written election of DROP participation form, on forms promulgated by the Board, must be filed by the eligible Member with both the Board and the City's Personnel Director at least three (3) months prior to the beginning of the DROP Period. An otherwise eligible Member may file an election of DROP participation form three (3) months prior to his DROP Retirement Date .

b.     Upon filing of the election of DROP participation form as required above, the eligible Member shall obtain from the City's Personnel Director an irrevocable resignation and waiver form, on forms promulgated by the City. The resignation and waiver form shall provide for the Member's irrevocable resignation from employment, with the actual date of termination being postponed until the end of the DROP Period. The administration and timing of execution and delivery of the resignation and waiver form shall meet the requirements of the Age Discrimination in Employment Act and the Older Worker's Benefits Protection Act, as same may be amended from time to time. The eligible Member must execute and deliver the resignation and waiver form to both the Board and the City's Personnel Director at least forty-five (45) days prior to the beginning of the DROP Period. An otherwise eligible Member may file the irrevocable resignation and waiver form provided for herein prior to his DROP Retirement Date.

(4)     Between the date of adoption of this amendment and April 1, 2004, a Member who was eligible to participate in DROP prior to April 1, 2004 may elect between the terms and conditions in effect for DROP prior to April 1, 2004 or may elect to participate in DROP in accordance with the terms and conditions in effect for DROP on or after April 1, 2004, provided such Member's DROP Period commences prior to April 1, 2004.

a.     A Member who elected to commence his DROP Period prior to April 1, 2004 shall be governed by the terms and conditions in effect on the date of the Member's entry into DROP. Such Member shall not have the right to alter that election.

(5)     An eligible Member electing to participate in the DROP shall have receipt of his normal monthly retirement benefits deferred and transferred, on a monthly basis as such normal monthly retirement benefits would otherwise be payable, into a DROP Account for the DROP Period, commencing with the first day of the first month after which the conditions in subsections (b.1)(1), (b.1)(2) and (b.1)(3)a. and b. are met. The amount of the normal monthly retirement benefits deferred and transferred into a DROP Account shall be in accordance with the amount otherwise payable under section 20-129(b)(1), including, to the extent applicable, cost of living adjustments otherwise payable under section 20-129(f).

(6)     Each DROP Account shall accrue DROP Earnings during the DROP Period. DROP Earnings shall be computed at simple interest at the actuarially assumed rated of return for the Fund. At the end of the DROP Period, the DROP Account shall no longer accrue DROP Earnings.

(7)     A DROP Participant is a retired Member under the Plan and shall accrue no further Creditable Service during the DROP Period. At the conclusion of the DROP Period a DROP Retirement is converted to a normal retirement with monthly normal retirement being paid thereafter directly to the Member.

(8)     A DROP Participant on DROP Retirement shall not be eligible for either disability benefits or preretirement death benefits under sections 20-129(c) or (d), but eligibility for death or disability benefits provided to a DROP Participant upon DROP Retirement under federal law, state law, City ordinance (other than as stated within this Plan), or any rights or benefits under any applicable collection bargaining agreement (other than as stated within this Plan) shall not be affected by a DROP Retirement.

(9)     No later than one (1) year after termination of employment with the City, the DROP Account, together with accrued DROP Earnings, shall be distributed in the following manner:

a.     Lump sum distribution to the Member (which may be used at the Member's discretion to purchase an annuity); or

b.     Roll over of the balance to another qualified retirement plan.

(10)     Upon the death of a DROP Participant during DROP Retirement, the DROP Retirement shall cease and the benefits payable thereafter shall be the normal monthly retirement benefits as modified by the duration and survivor benefits formula provided in section 20-129(b)(2). If a DROP Participant dies before the DROP Account balances are distributed in full, the Beneficiary or Beneficiaries duly designated by the DROP Participant on forms promulgated by the Board shall receive the DROP Account balances in accordance with the DROP Beneficiary Form in effect and on file with the Board at the time of the DROP Participant's death. If no designation of DROP Beneficiary form is on file with the Board upon the death of the Member with a DROP Account balance remaining, the DROP Account shall be paid to the Member's estate.

(11)     Notwithstanding the general severability provisions set forth below in this article, in the event there is a determination (i) by the Internal Revenue Service or a court of competent jurisdiction, that the DROP provision therein or similar DROP provisions contravene provisions of the Internal Revenue Code applicable to this qualified Plan or a qualified plan; (ii) by a court of competent jurisdiction or by the State of Florida Attorney General or any agency of the State of Florida responsible for administering premium tax monies under Chapters 175 or 185, Florida Statutes, that the DROP provisions herein or similar DROP provisions contravene any provision under Chapters 175 or 185, Florida Statutes, affecting distribution of premium tax monies to local plans; or (iii) by a court of competent jurisdiction or any federal or state agency with authority over such subject matter, that the DROP provisions respecting the irrevocable resignation and waiver process herein are contrary to law and not enforceable, then DROP may, at the option of the City, be immediately terminated in the manner set forth below after notice to the relevant bargaining units, the Board of Trustees and the affected DROP Participants. Additionally, in the event that a court of competent jurisdiction or a state or local agency with authority to enter a final order determines, at any procedural level, that any provision of DROP, as amended by this Ordinance No. C-04-13, violates federal, state or local age discrimination laws or regulations, then DROP shall be immediately suspended and no further Members shall be permitted to enter DROP. In such event, the City shall have the right to immediately terminate DROP as set forth below after notice to the relevant bargaining units, the Board of Trustees and the DROP Participants.

a.     As of the date of termination of the DROP provisions, there shall be no new DROP Retirement established.

b.     As of the date of termination of the DROP provisions, DROP Retirements shall cease and receipt of normal monthly retirement benefits under section 20-129(b) shall no longer be deferred and transferred in to a DROP Account.

c.     For those Members who were DROP Participants on the date of termination of the DROP provisions, normal monthly retirement benefits shall be suspended until termination of employment with the City and such Members shall continue to accrue Credited Service during their continued employment.

d.     For those Members who are DROP Participants and still in the employ of the City at the time of the termination of the DROP provision, the following provisions shall apply:

1.     The normal monthly retirement benefits and the Member's normal retirement status shall be suspended until termination of employment with the City.

2.     During the period that the normal retirement benefits and normal retirement status is suspended, the Member shall continue to make contributions to the Plan in accordance with the applicable provisions of section 20-130 and Member shall continue to accrue Credited Service during such period in accordance with the provisions otherwise applicable to the Member under section 20-129(b)(1).

3.     The DROP account shall be distributed upon termination of employment with the City.

4.     As an alternative to subsection 3. above, a Member may elect to dissolve the DROP Account and, upon making payment to the Plan of contributions that the Member would have otherwise owed under section 20-130(a) had the Member not elected a DROP Retirement, the Member shall have Credited Service restored for the period the Member was in DROP Retirement.

(c)     Disability:

(1)     Local Law/Service Incurred Disability Retirement. Any Member who receives a medically substantiated service connected injury, disease or disability, as determined by the medical board, which injury, disease or disability permanently incapacitates him, physically or mentally from his regular and continuous duty as a Firefighter or a Police Officer, and other duty or duties available through the fire or police departments respectively and which duty or duties can be performed by such Firefighter or Police Officer, shall receive in equal monthly installments, an amount equal to sixty-five (65) percent of Earnings in effect at date of disability, the amount payable from the Plan to be reduced, to the extent permitted by law, by any amounts paid or payable by reason of workers' compensation so that the total benefit from said sources shall not exceed sixty-five (65) percent of Earnings. This benefit shall be known as the "Local Law/Service Incurred Disability Retirement." This retirement benefit shall commence after ninety (90) calendar days subsequent to the date of disability and shall be payable until the earlier of death or recovery. The Local Law/Service Incurred Retirement benefit under this subsection (c)(1) will not be converted to a normal retirement benefit upon attainment of the Member's Normal Retirement Date for any Member:

i.     Who as of November 29, 2002 has a service incurred disability under this subsection (c)(1), as determined by the Board and has not attained his Normal Retirement Date on or before November 29, 2002, or

ii.     For any Member who is determined by the Board to have a service incurred disability under this subsection (c)(1) on or after November 29, 2002.

(2)     Local Law/Non-Service Incurred Disability Retirement. Any Member who receives a nonservice incurred injury, illness, disease or disability as determined by the Board, and which injury, illness, disease or disability permanently incapacitates him physically or mentally from his regular and continuous duty as a Firefighter or Police Officer or any other gainful employment, shall receive monthly nonservice disability benefits from the Fund as hereinafter set forth. This benefit shall be known as the "Local Law / Non-Service Incurred Disability Retirement." Such Member shall receive such Local Law / Non-Service Incurred Disability Retirement benefits in equal monthly installments in an amount equal to fifty (50) percent of his Earnings at the time such disability was suffered which date shall be determined by the Board. To the extent permitted by law, Local Law / Non-Service Incurred Disability Retirement benefits payable from the Plan shall be reduced by any amounts paid or payable by reason of workers' compensation and federal Social Security (participant's PIA); provided, however, in the case of any Member who receives Local Law / Non-service Incurred Disability Retirement benefits who also receives earned income during such period of disability, the amount payable from the Fund plus workers' compensation, Social Security (PIA) and such earned income cannot exceed seventy-five (75) percent of his Earnings in effect at the date of disability. To the extent that the Plan benefit plus workers' compensation, Social Security (PIA) and such earned income exceeds seventy-five (75) percent of the Member's Earnings as of the date of disability, the amount payable from the Fund shall be reduced to the extent such reductions are permitted by law, so that the total of the foregoing amounts shall not exceed seventy-five (75) percent of such Member's Earnings in effect at the date of disability. The Local Law / Non-service incurred disability retirement benefit shall commence ninety (90) calendar days subsequent to the date of disability and shall be payable until the earlier of death or recovery from disability . Local Law / Non-Service Incurred Disability Retirement benefits under this subsection (c)(2) will not be converted to normal retirement benefits upon attainment of the Member's Normal Retirement Date for any Member:

i.     Who as of November 29, 2002 has a non-service incurred disability under this subsection (c)(2), as determined by the Board, and who has not attained his Normal Retirement Date on or before November 29, 2002, or

ii.     Who is determined by the Board to have a non-service incurred disability under this subsection (c)(2) on or after November 29, 2002.

(3)     Chapter 175/185 Disability Retirements. In lieu of the service incurred disability provisions set forth in section 20-129(c)(1) above and in lieu of the nonservice incurred disability provisions set forth in section 20-129(c)(2) above, a Member may elect to have his or her application for a service or nonservice incurred disability administered pursuant to the terms of this subsection respecting Chapter 175/185 Disability Retirements in accordance with the following subsections a. through i.

a.     A Member having ten (10) or more years of Credited Service, or a Member who becomes totally and permanently disabled in the line of duty, regardless of length of service may retire from the service of the City if, he or she becomes totally and permanently disabled as defined in subsection b. below, by reason of any cause other than a cause set out in subsection c. below on or after the December 31, 1999. Such retirement shall herein be referred to as a "disability retirement."

b.     A Member shall be considered totally disabled if, in the opinion of the Board of Trustees, he or she is wholly prevented from rendering useful and efficient service as a Police Officer or Firefighter. A Member shall be considered permanently disabled if, in the opinion of the Board of Trustees, such Police Officer or Firefighter is likely to remain so disabled continuously and permanently from a cause other than as specified in subsection c. below.

c.     A Police Officer or Firefighter shall not be entitled to receive any disability retirement income if the disability is a result of:

1.     Excessive and habitual use by that Police Officer or Firefighter of drugs, intoxicants or narcotics;

2.     Injury or disease sustained by the Police Officer or Firefighter while willfully and illegally participating in fights, riots, civil insurrections or while committing a crime;

3.     Injury or disease sustained by the Police Officer or Firefighter while serving in any armed forces;

4.     Injury or disease sustained by the Police Officer or Firefighter after employment has terminated;

5.     Injury or disease sustained by the Police Officer while working for anyone other than the City and arising out of such employment.

d.     No Member shall be permitted to retire under the provisions of this section until examined by a duly qualified physician or surgeon, to be selected by the Board of Trustees for that purpose, and is found to be disabled in the degree and in the manner specified in this section. Any Member retiring under this section may be examined periodically by a duly qualified physician or surgeon or board of physicians and surgeons to be selected by the Board of Trustees for that purpose, to determine if such disability has ceased to exist.

e.     The benefit payable to a Member who retires from the service of the City with a total and permanent disability as a result of a disability is the monthly income payable for ten (10) years certain and life for which, if the Member's disability occurred in the line of duty, his or her monthly benefit shall be the accrued retirement benefit, but shall not be less than forty-two (42) percent of his or her average monthly compensation as of the Member's disability retirement date. If after ten (10) years of service the disability is other than in the line of duty, the Member's monthly benefit shall be the accrued normal retirement benefit, but shall not be less than twenty-five (25) percent of his or her average monthly compensation as of the Member's disability retirement due.

f.     The monthly retirement income to which a Member is entitled in the event of his or her disability retirement shall be payable on the first day of the first month after the Board of Trustees determines such entitlement. However, the monthly retirement income shall be payable as of the date the Board determines such entitlement, and any portion due for a partial month shall be paid together with the first payment.

g.     The last payment shall be (i) if the Member recovers from the disability, the payment due next preceding the date of such recovery, or, (ii) if the Member dies without recovering from his or her disability, the payment due next preceding death or the 120th monthly payment, whichever is later.

1.     In lieu of the benefit payments as provided in this subsection, a Member may select an optional form as provided in section 20-131, Optional forms of retirement benefits.

2.     Any monthly retirement income payments due after the death of a disabled Police Officer or Firefighter shall be paid to the Member's designated Beneficiary (or Beneficiaries) as provided in section 20-127, Definitions and 20-129(d), Preretirement Death.

h.     If the Board of Trustees finds that a Member who is receiving a disability retirement income is no longer disabled, as provided herein, the Board of Trustees shall direct that the disability retirement income be discontinued. Recovery from disability as used herein shall mean the ability of the Police Officer or Firefighter to render useful and efficient service as a Police Officer or Firefighter.

i.     If the Member recovers from disability and re-enters the service of the City as a Police Officer or Firefighter, his or her service will be deemed to have been continuous, but the period beginning with the first month for which the Member received a disability retirement income payment and ending with the date he or she re-entered the service of the City may not be considered as Credited Service for the purposes of the Plan.

(4)     Diseases suffered in line of duty; presumption.

a.     Firefighter. Any condition or impairment of health of a Firefighter caused by tuberculosis, hypertension, or heart disease resulting in total or partial disability or death shall be presumed to have been accidental and suffered in the line of duty unless the contrary is shown by competent evidence, provided that, such Firefighter shall have successfully passed a physical examination before entering into such service, which examination failed to reveal any evidence of such condition. There shall also be a presumption of disability suffered in the line of duty for certain enumerated diseases pursuant to the terms of Sec. 112.181, Fla. Stat. (1999) as same may be amended from time to time. This section shall be applicable to all Firefighters only with reference to pension and retirement benefits hereunder.

b.     Police Officer. Any condition or impairment of health of any Police Officer caused by tuberculosis, hypertension, heart disease, or hardening of the arteries, resulting in total or partial disability or death, shall be presumed to be accidental and suffered in the line of duty, unless the contrary be shown by competent evidence. Any condition or impairment of health caused directly or proximately by exposure, which exposure occurred in the active performance of duty at some definite time or place without willful negligence on the part of the Police Officer, resulting in total or partial disability, shall be presumed to be accidental and suffered in the line of duty, provided that such Police Officer shall have successfully passed a physical examination upon entering such service, which physical examination, including electrocardiogram, failed to reveal any evidence of such condition, and, further, that such presumption shall not apply to benefits payable under or granted in a policy of life insurance or disability insurance. There shall also be a presumption of disability suffered in the line of duty for certain enumerated diseases pursuant to the terms of Sec. 112.181, Fla. Stat. (1999) as same may be amended from time to time. This section shall be applicable to Police Officers only with reference to pension and retirement benefits hereunder.

(5)     Service connected catastrophic disability for Firefighters. Members who are Firefighters who suffer a medically substantiated service incurred injury, as determined by the Board, which injury renders the member totally and permanently disabled as defined in Chapter 440, Florida Statutes (1987) and applicable federal social security provisions, shall receive a catastrophic disability benefit under this subsection. The monthly amount of such benefit shall be supplementary to and in excess of those amounts paid or payable by reason of workers' compensation and federal social security (participant's PIA) so that the total monthly benefit received from all such sources shall not exceed seventy-five (75) percent of such Member's Earnings in effect at the date of such catastrophic disability as determined by the Board. The disability benefit payable hereunder shall be paid in monthly installments until the earlier of death or recovery. Members receiving catastrophic disability benefits hereunder will not be required to continue to make contributions toward or be eligible for normal retirement.

(d)     Preretirement Death:

(1)     Service Incurred.

a.     If a Member dies as a direct result of an occurrence arising in the performance of rendering service for the City before being eligible to retire, the heirs, legatees, beneficiaries, or personal representatives of such deceased Member shall be entitled to a refund of one hundred (100) percent of the contributions made to the Fund by such deceased Member or, in the event an annuity or life insurance contract has been purchased by the Board of Trustees on such Member, then to the death benefits available under such life insurance or annuity contract subject to the limitations on such death benefits set forth in Sec. 175.081, Fla. Stat. (1999), as to Firefighters, or subject to the limitations on such death benefits set forth in Sec. 185.061, Fla. Stat. (1999) as to Police Officers, whichever amount is greater for such Firefighter or Police Officer.

b.     If a Member having at least ten (10) years of Credited Service dies prior to retirement, his or her Beneficiary is entitled to the benefits otherwise payable to the Member at early or normal retirement age.

c.     If a Member continues in the service of the City beyond his Normal retirement Date and dies prior to his date of actual retirement, without an option made pursuant to section 29-131 hereof being in effect, then monthly retirement income payments will be made for a period of ten (10) years to a Beneficiary (or Beneficiaries) designated by the Member as if the Member had retired on the date on which his or her death occurred.

d.     In the event that the death benefit paid by a life insurance company exceeds the limit set forth in Sec. 175.081, Fla. Stat. (1999) as to Firefighters or exceeds the limit set forth in Sec. 185.061(6), Fla. Stat. (1999) as to Police Officers, then the excess of the death benefit over the limit shall be paid to the Fund. However, death benefits provided pursuant to Sec. 112.191, Fla. Stat. (1999), as to Firefighters, or Sec. 112.19, Fla. Stat. (1999), as to Police Officers, or any other state or federal law shall not be included in the calculation of death or retirement benefits provided under this Plan.

(1.1)     In lieu of the service incurred pre-retirement death benefits set forth in section 20-129(d)(1) above, by written election on a form prescribed by the Board and filed with the Board, a Member may elect the pre-retirement service incurred death benefit hereinafter set forth in section 20-129(d)(1.1):

a.     To the Spouse, until the death of the Spouse, a monthly benefit equal to fifty (50) percent of the Member's Earnings; plus,

b.     For each child until he or she shall have reached the age of eighteen (18) years, or until such child or children shall die or marry before reaching the age of eighteen (18) years, in equal monthly installments an amount equal to ten (10) percent of the Member's monthly Earnings, subject to a limitation of a total of eighty (80) percent of Earnings for the Spouse and children combined. Each child's pension shall terminate at death or marriage as well as reaching the age of eighteen (18) years.

c.     There shall be in any event a minimum total service incurred death benefit equal in amount to four (4) times the annual Earnings in effect on the date of death. If such amount has not yet been paid in total at such time as benefits cease under subsections (d)(1.1)a. and b. above, then the balance shall be payable in a lump sum to the Member's designated Beneficiary, and if there be none, then to such Member's estate.

d.     In lieu of all other service incurred death benefits specified herein for Spouse and children, a lump sum may be paid equal in amount to four (4) times the deceased Member's annual Earnings in effect on the date of death; provided, however, that the Member must have filed with the Board in writing prior to his death, his election of the lump sum form of benefit.

(2)     Nonservice incurred.

a.     If a Member dies not as a direct result of an occurrence arising in the performance of service before being eligible to retire, the heirs, legatees, beneficiaries, or personal representatives of such deceased Member shall be entitled to a refund of one hundred (100) percent of the contributions made to the Fund by such deceased Member or, in the event an annuity or life insurance contract has been purchased by the Board of Trustees on such Member, then to the death benefits available under such life insurance or annuity contract subject to the limitations on such death benefits set forth in Sec. 175.081, Fla. Stat. (1999), as to Firefighters, or subject to the limitations on such death benefits set forth in Sec. 185.061, Fla. Stat. (1999) as to Police Officers, whichever amount is greater for such Firefighter or Police Officer.

b.     If a Member having at least ten (10) years of Credited Service dies prior to retirement, his or her Beneficiary is entitled to the benefits otherwise payable to the Member at early or normal retirement age.

c.     If a Member continues in the service of the City beyond his Normal Retirement Date and dies prior to his date of actual retirement, without an option made pursuant to section 29-131 hereof being in effect, then monthly retirement income payments will be made for a period of ten (10) years to a Beneficiary (or Beneficiaries) designated by the Member as if the Member had retired on the date on which his or her death occurred.

d.     In the event that the death benefit paid by a life insurance company exceeds the limit set forth in Sec. 175.081, Fla. Stat. (1999) as to Firefighters or exceeds the limit set forth in Sec. 185.061(6), Fla. Stat. (1999) as to Police Officers, then the excess of the death benefit over the limit shall be paid to the Fund. However, death benefits provided pursuant to Sec. 112.191, Fla. Stat. (1999), as to Firefighters, or Sec. 112.19, Fla. Stat. (1999), as to Police Officers, or any other state or federal law shall not be included in the calculation of death or retirement benefits provided under this Plan.

(2.1)     In lieu of the non-service incurred pre-retirement death benefits set forth in section 20-129(d)(2) above, by written election on a form prescribed by