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HomeMy WebLinkAbout02041994 Tax Rev Concerns�.�SEBASTL4N I , OFFICERS , P -limb D Z7TIREMEJU TRUST FUAD POST OFFICE BOX 780127 • SEBASTIAN, FLORIDA 32978 TELEPHONE: CITY HALL (407) 589-5330 0 POLICE DEPARTMENT (407) 589-5233 FAX (407) 589-5570 February 1, 1994 J. David Rabon, Director Division of Benefits Office Of The Treasurer Department Of Insurance The Capitol Tallahassee, Florida 32399-0300 Dear Mr. Rabon, Enclosed please find your correspondence of February 18, 1993 regarding my concern of tax revenue which should be applied to the Police Officer's Retirement Trust Fund in the city of Sebastian. Approximately one year has passed since my inquiries in this regard. The Trustees of the fund are still seriously concerned as to the application of tax revenues and the means which are used in determining the amount of revenuesno which the Retirement Trust Fund is entitled under the insurance premium sharing pfa Would you please provide us with any information you may have concerning the rectification of this matter. Thank -you. Very truly yours, GJG:dmg pc: Sr. Sgt. Gene Ewert, Co-chairman Marjorie Poole "Serving Those who Have Served Us." RULES AND REGULATIONS FOR ADMINISTRATION FOR THE BOARD OF TRUSTEES OF THE CITY OF SEBASTIAN'S POLICE OFFICERS RETIREMENT SYSTEM 1. Definitions: For the purposes of these Rules and Regulations the following definitions shall apply in the interpretation, execution and enforcement of these rules. When not inconsistent with the context, words in the plural include the singular, words in the masculine gender include the feminine gender, words used in the present tense include the future, words in the singular include the plural. The word "shall" is always mandatory not merely directory: CITY means the City of Sebastian, Florida. SYSTEM means the City of Sebastian's police officers /10� retirement system. FUND means the trust fund adopted herein as part of the system. BOARD means the Board of Trustees which shall administer and manage the system. 2. Disability Claim: Any member of the City system who desires to make a claim against the Fund on the basis that they are mentally or physically incapacitated so as to be wholly unable to properly perform his duties as a police officer of the City shall make a claim in writing to the Chairman of the Board. The claim shall set out the nature and extent of the claim and define the benefits which the party is claiming. 3. Hearing: The Chairman of the Board on notice to the City and the claimant shall schedule a hearing before the Board. If physically able, the claimant shall appear in person and may be represented at the hearing before the Board by counsel. The claimant may testify and have witnesses testify on his behalf at the hearing. The City may present witnesses at the hearing ori its behalf. All witnesses shall testify under oath and may be cross- examined or questioned by the City and by the Claimant or his representative. 4. Pre -Hearing Conference: The Chairman is authorized prior to the hearing to meet with representatives of the City and the claimant to discuss matters of evidence or procedure whose resolution will facilitate an orderly hearing. 5. Recording the Proceeding: All proceedings at the hearings shall be recorded and a permanent record shall be maintained of such proceedings. 6. Evidence: Irrelevant, immaterial and unduly repetitious evidence shall be excluded, but all other evidence of the type commonly relied upon by a reasonably prudent person in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of the state. Any part of the evidence may be received in written form and all evidence of parties and 'witnesses shall be under oath. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient in itself to support a finding unless it would be admissible over objection in a civil action. (001� 7. Records: The Board will receive in evidence the personnel records of the claimant and the report of the examination of the physician or surgeon which is selected by the Board. 8. Decision: After the hearing, the Board shall render a written decision on its determination. CITY OF SEBASTIAN POLICE OFFICER'S DISABILITY CLAIM FORM CLAIMANT'S NAME: CLAIMANT'S SOCIAL SECURITY NUMBER: CLAIMANT'S PHYSICIAN: Chairman, Sebastian Police Officer's Retirement Trust Fund 865 Eau Gallie Blvd. Melbourne, FL 32935 Dear Sir: The undersigned hereby makes a claim against the Fund as follows: 1. Please specify the nature of the mental or physical incapacity which renders the Claimant unable to perform his duties as a police officer. 2. Please specify the benefits which the Claimant is claiming from the Fund. Dated: Claimant's Signature