(a)     Disability benefits in-line of duty. Any member who shall become totally and permanently disabled to the extent that he or she is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a firefighter, which disability was directly caused by the performance of his duty as a firefighter, shall, upon establishing the same to the satisfaction of the board, be entitled to a monthly pension equal to two (2) per cent of his or her average final compensation multiplied by the total years of credited service, but in any event the minimum amount paid to the member shall be the greater of forty-two (42) per cent of the average final compensation and forty (40) per cent of regular base salary of the member. Terminated persons, either vested or non-vested, are not eligible for disability benefits, except that those terminated by the city for medical reasons may apply for a disability within thirty (30) days after termination.

(b)     In-line of duty presumptions.

(1)     Presumption. To the extent required by state law, any condition or impairment of health of a member caused by, hypertension or heart disease shall be presumed to have been suffered in line of duty unless the contrary is shown by competent evidence, provided that such member shall have successfully passed a physical examination upon entering into such service, which examination failed to reveal any evidence of such condition.

(2)     Additional presumption. The presumption provided for in this subparagraph (b), shall apply only to those conditions described in this subparagraph (b), that are diagnosed on or after January 1, 1996.

a.     Definitions. As used in this subsection (b)(2) following definitions apply:

1.     Body fluids means blood and body fluids containing visible blood and other body fluids to which universal precautions for prevention of occupational transmission of blood-borne pathogens, as established by the Centers for Disease Control, apply. For purposes of potential transmission of meningococcal meningitis or tuberculosis, the term "body fluids" includes respiratory, salivary, and sinus fluids, including droplets, sputum, and saliva, mucous, and other fluids through which infectious airborne organisms can be transmitted between persons.

2.     Emergency rescue or public safety member means any member employed full time by the city as a firefighter, paramedic, emergency medical technician, law enforcement officer, or correctional officer who, in the course of employment, runs a high risk of occupational exposure to hepatitis, meningococcal meningitis, or tuberculosis and who is not employed elsewhere in a similar capacity. However, the term "emergency rescue or public safety member" does not include any person employed by a public hospital licensed under F.S. Ch. 395, or any person employed by a subsidiary thereof.

3.     Hepatitis means hepatitis A, hepatitis B, hepatitis non-A, hepatitis non-B, hepatitis C, or any other strain of hepatitis generally recognized by the medical community.

4.     High risk of occupational exposure means that risk that is incurred because a person subject to the provisions of this subsection, in performing the basic duties associated with his employment:

i.     Provides emergency medical treatment in a non-health-care setting where there is a potential for transfer of body fluids between persons;

ii.     At the site of an accident, fire, or other rescue or public safety operation, or in an emergency rescue or public safety vehicle, handles body fluids in or out of containers or works with or otherwise handles needles or other sharp instruments exposed to body fluids;

iii.     Engages in the pursuit, apprehension, and arrest of law violators or suspected law violators and, in performing such duties, may be exposed to body fluids; or

iv.     Is responsible for the custody, and physical restraint when necessary, of prisoners or inmates within a prison, jail, or other criminal detention facility, while on work detail outside the facility, or while being transported and, in performing such duties, may be exposed to body fluids.

5.     Occupational exposure, in the case of hepatitis, meningococcal meningitis, or tuberculosis, means an exposure that occurs during the performance of job duties that may place a worker at risk of infection.

b.     Presumption. Any emergency rescue or public safety member who suffers a condition or impairment of health that is caused by hepatitis, meningococcal meningitis, or tuberculosis, that requires medical treatment, and that results in total or partial disability or death shall be presumed to have a disability suffered in the line of duty, unless the contrary is shown by competent evidence; however, in order to be entitled to the presumption, the member must, by written affidavit as provided in F.S. 92.50, verify by written declaration that, to the best of his knowledge and belief:

1.     In the case of a medical condition caused by or derived from hepatitis, he has not:

i.     Been exposed, through transfer of bodily fluids, to any person known to have sickness or medical conditions derived from hepatitis, outside the scope of his employment;

ii.     Had a transfusion of blood or blood components, other than a transfusion arising out of an accident or injury happening in connection with his present employment, or received any blood products for the treatment of a coagulation disorder since last undergoing medical tests for hepatitis, which tests failed to indicate the presence of hepatitis;

iii.     Engaged in unsafe sexual practices or other high-risk behavior, as identified by the Centers for Disease Control or the Surgeon General of the United States or had sexual relations with a person known to him to have engaged in such unsafe sexual practices or other high-risk behavior; or

iv.     Used intravenous drugs not prescribed by a physician.

2.     In the case of meningococcal meningitis, in the ten (10) days immediately preceding diagnosis he was not exposed, outside the scope of his employment, to any person known to have meningococcal meningitis or known to be an asymptomatic carrier of the disease.

3.     In the case of tuberculosis, in the period of time since the member's last negative tuberculosis skin test, he has not been exposed, outside the scope of his employment, to any person known by him to have tuberculosis.

c.     Immunization. Whenever any standard, medically recognized vaccine or other form of immunization or prophylaxis exists for the prevention of a communicable disease for which a presumption is granted under this section, if medically indicated in the given circumstances pursuant to immunization policies established by the Advisory Committee on Immunization Practices of the U.S. Public Health Service, an emergency rescue or public safety member may be required by the city to undergo the immunization or prophylaxis unless the member's physician determines in writing that the immunization or other prophylaxis would pose a significant risk to the member's health. Absent such written declaration, failure or refusal by an emergency rescue or public safety member to undergo such immunization or prophylaxis disqualifies the member from the benefits of the presumption.

d.     Record of exposures. The city shall maintain a record of any known or reasonably suspected exposure of an emergency rescue or public safety member in its employ to the disease described in this section and shall immediately notify the member of such exposure. An emergency rescue or public safety member shall file an incident or accident report with the city of each instance of known or suspected occupational exposure to hepatitis infection, meningococcal meningitis, or tuberculosis.

e.     Required medical tests; pre-employment physical. In order to be entitled to the presumption provided by this section:

1.     An emergency rescue or public safety member must, prior to diagnosis, have undergone standard, medically acceptable tests for evidence of the communicable disease for which the presumption is sought, or evidence of medical conditions derived therefrom, which tests fail to indicate the presence of infection, or, in the case of hepatitis infection, shall have banked serum for future testing, which future tests fail to reveal evidence of infection. This paragraph does not apply in the case of meningococcal meningitis.

2.     On or after June 15, 1995, an emergency rescue or public safety member may be required to undergo a pre-employment physical examination that tests for and fails to reveal any evidence of hepatitis or tuberculosis.

(c)     Disability benefits not-in-line of duty. Any member with ten (10) years or more credited service who shall become totally and permanently disabled to the extent that he or she is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a firefighter, which disability was not directly caused by the performance of his duty as a firefighter, shall, upon establishing the same to the satisfaction of the board, be entitled to a monthly pension equal to the greater of two (2) per cent of his or her average final compensation multiplied by the total years of credited service and the accrued retirement benefit reduced as for early retirement with a further actuarial reduction in the event of disability prior to the early retirement date, but in any event the minimum amount paid to the member shall be twenty-five (25) per cent of the average final compensation of the member. Terminated persons, either vested or non-vested, are not eligible for disability benefits, except that those terminated by the city for medical reasons may apply for a disability within thirty (30) days after termination.

(d)     Conditions disqualifying disability benefits. Each member who is claiming disability benefits shall establish, to the satisfaction of the board, that such disability was not occasioned primarily by:

(1)     Excessive or habitual use of any drugs, intoxicants or narcotics.

(2)     Injury or disease sustained while willfully and illegally participating in fights, riots or civil insurrections or while committing a crime.

(3)     Injury or disease sustained while serving in any branch of the Armed Forces.

(4)     Injury or disease sustained after his employment as a firefighter with the City of Melbourne shall have terminated.

(e)     Physical examination requirement and recovery. 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.

Any retiree receiving disability benefits under provisions of this ordinance may be periodically re-examined 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.

In addition, the board shall annually, in October, require each disability retiree to submit to the board a notarized form to be provided by the board, indicating the retiree's continuing eligibility for disability benefits including a doctor's statement if so required by the board. The retiree shall have ninety (90) days to complete and return the form.

In the event of recovery from disability as determined by the board and immediate reemployment by the city as a firefighter, the period of time while the retiree was disabled shall be included as continuous service. In the event of recovery, or the refusal by the retiree to submit to medical reexamination, but without immediate reemployment as a firefighter, the retiree's future benefits shall be determined as though he initially terminated employment on his date of disability.

The cost of the physical examination and/or re-examination 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.

The board shall have the power and authority to make the final decisions regarding all disability claims.

(f)     Disability payments. 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:

(1)     If the retiree recovers from the disability prior to his normal retirement date, the payment due next preceding the date of such recovery, or

(2)     If the retiree dies without recovering from disability or attains his normal retirement date while still disabled, the payment due next preceding his death or the 120th monthly payment, whichever is later.

Provided, however, the disability retiree may select, at any time prior to the date on which benefit payments begin, an optional form of benefit payment as described in section 23-85, subsection (a), which shall be the actuarial equivalent of the normal form of benefit.