§ 2-56.24. Long-term benefits.

(A)

A County employee who suffers a long-term disability shall be assured an income of sixty-six and two-thirds (66 2/3 ) percent of his disability-date salary for so long as such disability continues, subject to the following conditions:

(1)

The County disability payments shall consist of the difference between all other County-supported disability income payable to the employee and two-thirds of his disability-date salary.

(a)

"County-supported disability" income shall include but not be limited to income from Worker's Compensation, Social Security, State Retirement System, or other applicable State statutes.

(b)

In the event of lump sum payment under Worker's Compensation, disability payments shall be reduced by that portion of the lump sum figure representing the employee's weekly Worker's Compensation rate based upon his average weekly wage, for the number of weeks determined by dividing that portion of the lump sum figure as herein described by the weekly rate.

(c)

The disability-date salary shall be recomputed on October 1 each year to reflect upward or downward changes in the Consumer Price Index for Southeastern United States published by the Bureau of Labor Statistics, U.S. Department of Labor, for the previous twelve-month period.

(2)

The maximum County disability payments and all other County-supported disability income shall not exceed one thousand five hundred dollars ($1,500.00) per month, which shall be adjusted on October 1 each year to reflect upward or downward changes in the Consumer Price Index for the previous twelve-month period.

(3)

The employee shall have been examined by one (1) or more County physicians and found to be disabled as defined in Section 2-56.22(b).

(4)

The employee's disability shall have been determined to be service-connected by the Disability Panel and not due to: intentional self-inflicted injury; commission or attempt to commit by the disabled employee an unjustified or criminal assault, battery, or felony; intoxication; gross negligence; or any other misconduct causing the employee's disability. "Misconduct" is defined to be that conduct, which, in the determination of the Disability Panel, is a substantial deviation from the personnel rules, the orders or rules of the employee's supervisor, or other rules applicable to the course of conduct of the employee in the pursuit of his employment, and which is the proximate cause of the disability.

(5)

Where a pre-existing condition, not attributable to or caused by a service-connected injury while serving as an employee of Miami-Dade County, is accelerated or aggravated by accidents arising out of and in the course of employment, only the acceleration or aggravation of disability reasonably attributable to the accident shall be considered.

(6)

Disability payments shall be adjusted as required so that the total income from all other County-supported sources, secondary employment, and this program, shall not exceed one hundred (100) percent of disability-date salary.

(7)

Any high hazard employee, as defined by Chapter 122, Florida Statutes, who incurs a disability for which benefits under this division or Chapter 122, Florida Statutes are payable, shall have the option of electing to choose which benefits he shall receive. Exercise of this option must be made by the employee in writing prior to the earlier date on which he would be entitled to benefits under either this division or Chapter 122, Florida Statutes.

(8)

With the exception of an award made as hereinafter provided, no provision of this division shall constitute a vested right in any employee and the Board of County Commissioners expressly reserves the legislative prerogative to alter, suspend or terminate any provision of this division.

(Ord. No. 69-49, § 4, 7-23-69; Ord. No. 76-83, § 1, 9-21-76; Ord. No. 05-184, § 1, 10-18-05)