Florida Senate - 2008 (NP) SB 2386

By Senator Fasano

11-02513-08 20082386__

A bill to be entitled

An act relating to the City of Clearwater, Pinellas

County; amending chapter 30658 (1955), Laws of Florida, as

amended; updating terminology; revising the interval at

which actuarial valuations of the city's fire pension fund

shall be made; providing eligibility for election to the

board of trustees of the fire pension fund; providing that

board members may be appointed in certain circumstances;

removing a requirement for payment of certain warrants;

providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Chapter 30658 (1955), Laws of Florida, as

amended, is amended to read:

Section 1. Creation of fund; contributions; transfer of

property to trustees; tax authorized.--

(1) There is hereby created a fund to be known as the

pension fund of the Fire Department of the City of Clearwater,

Florida. Each member of the fire department, as defined in by

section 2 of this act shall pay into said fund 6 six percent of

his or her salary each month, the same to be deducted by the

director of finance and deposited with said fund for the purpose

of assisting in the payment of benefits to be paid by this act;

provided that no firefighter fireman shall be required to

contribute more than 6 six percent of a salary equivalent to that

received by a firefighter fireman holding the rank of captain.

(2) All right, title, and interest in and to said fund,

assets, and securities of the fire pension fund collected under

the provisions of chapter 175, Florida Statutes, shall be divided

on a pro rata pro-rata basis between the firefighters firemen of

the City of Clearwater participating under this act and fund and

all other firefighters firemen employed by the City of

Clearwater, and said pro rata pro-rata portion of said moneys

shall be deposited into this fund.

(3) The City of Clearwater, Florida, shall levy, assess,

and collect a tax upon all property in the City of Clearwater in

the same manner as other taxes are levied, assessed, and

collected not to exceed six-tenths (6/10) of one mill, the same

to be used with the members' annual contributions heretofore

provided for, and such other contributions as the fund may

receive from any source including earnings on the assets held by

the pension fund. Such assessment and tax shall commence as of

the first taxable year after the effective date of this act and

shall continue for a period of 35 thirty-five (35) years

thereafter, except as herein otherwise provided; however, the

rate of assessment and tax for the first 10 ten (10) years from

the effective date of this act shall be six-tenths (6/10) of one

mill, except as herein otherwise provided.

(4) If at any time subsequent to the effective date of this

act there shall be a total reassessment of all taxable real

property and improvements thereon within the corporate limits of

the City of Clearwater, then effective commencing with the first

taxable year thereafter the millage rate of the tax that the city

shall levy, assess, collect, and contribute to the fund shall be

automatically reduced and shall remain at the same rate unless

subsequently reduced by other reassessments or changed as herein

otherwise provided.

(5) The formula for reducing the millage rate of the tax

will be based on the assessed value of all taxable property in

the City of Clearwater for the calendar year immediately

preceding the year in which the reassessment takes effect. The

estimated value of new construction and annexed real property

that was added to the tax assessment roll will be deducted from

the reassessed taxable value and the difference between the

remaining value and the taxable value of the preceding year shall

be computed as a percentage of increased valuation that has been

realized directly because of the reassessment, and that

percentage shall be applied to reduce the six-tenths (6/10) of

one mill proportionately. In estimating the value of new

construction and annexed property, historical trends, building

permits, and actual annexation shall be used.

(6) If homestead exemption from ad valorem real property

taxes is eliminated by competent authority, then the applicable

millage rate of the tax to be levied by the city, or the

equivalent thereof, shall be applied to the total assessment

rolls of all taxable property within the city adjusted by

deducting therefrom the increase in value on said rolls caused by

the elimination of said homestead tax exemption.

(7) If any funds or assets remain in the pension fund after

the satisfaction of all required pension payments and expenses,

then such funds and assets shall be paid over and transferred to

and become a part of the pension fund for the general employees

of the City of Clearwater.

(8) Sec. 1A. Actuarial review and valuation of

plan.--Actuarial valuations of the fund shall be made at

intervals of not more than 2 two (2) years during the first 10

ten (10) years commencing with the effective date of this act;

thereafter, actuarial valuations shall be made at intervals of

not more than 3 years on an annual basis. Such actuarial

valuations shall be made by a professional actuarial firm

mutually agreed upon between the city and the trustees of said

fund. If the city and the trustees cannot agree upon the

actuarial firm to be hired within 90 ninety (90) days after

interviewing prospective actuarial firms, a firm shall be

selected by lot. If selection by lot is used, the city shall

choose two (2) firms and the trustees two (2) firms. The firm

then selected shall be that firm whose name is drawn from the

names of the four (4) firms previously selected.

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(9) Beginning with the actuarial valuation made at the end

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of the 10th tenth (10th) year after the effective date of this

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act and after each valuation made after that date, the trustees

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of said fund and the city shall review the valuations to

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determine if the original 35 thirty-five (35) years of

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contributions by the city will still be necessary. If the

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actuarial valuations indicate that a shorter time of funding is

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necessary to fund the amended benefits of the plan, the city will

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have the option to either reduce the millage or shorten the

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number of years that contributions will be made. Should the city

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elect to do either of the above, and at a later date, it is

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determined by one of the actuarial valuations that the amount

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being contributed by the city will not properly fund the benefits

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provided by the plan, the city shall increase its contributions

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to the maximum six-tenths (6/10) of one mill, or the adjusted

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rate thereof pursuant to the procedure set forth in this section

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1 hereof because of an overall tax reassessment of property,

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whichever is less, for whatever period the deficit continues to

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exist. If the actuarial valuation made after the first 10-year

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ten (10) year period or any subsequent valuation indicates that

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the equivalent of six-tenths (6/10) of one mill or the adjusted

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rate thereof pursuant to the procedure set forth in this section

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1 hereof because of an overall tax reassessment of property,

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whichever is less, contributed by the city for the period of 35

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thirty-five (35) years will not properly fund the amended

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benefits provided by the plan, or if the funds on reserve at any

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time should become insufficient to pay the benefits provided by

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the plan, then the city shall provide funds from non-ad valorem

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revenues of the City of Clearwater to pay all such benefits for

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so long as any person is entitled to compensation under this act.

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Section 2. Definitions.--As When used in this act, the term

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chapter:

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(1)(a) The term "City" shall mean the City of Clearwater,

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Florida.

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(2)(b) Wherever the word "Board" appears in this act it

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shall mean the board of trustees, and their successors in office,

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established by the provisions of this act for the purpose of

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performing the duties and exercising the powers herein granted to

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said board.

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(3)(c) The term "Firefighters" "firemen" as used in this

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act shall be construed as including all officers and firefighters

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firemen regularly employed in the Fire Department of the City of

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Clearwater, Florida, who have been certified to permanent status

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by the civil service board of the City of Clearwater, and

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excluding the staff assistants secretaries, stenographers and

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other civilian employees.

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(4)(d) The term "Fund" as used in this act shall mean the

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pension and benefit fund herein established.

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(5)(e) The term "Service" as used in this act shall mean

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the period during which a person is an active member of the fire

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department, qualified under the civil service rules of the City

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of Clearwater, Florida, except where said word is used clearly to

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designate military service in the Armed Forces of the United

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States of America.

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(6)(f) The term "Permanently disabled" shall mean a

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disability which arises from sickness or accident and is of such

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nature that the member sustaining such disability is unable to

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perform the duties ordinarily required of a member of the fire

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department and from which the said member is not expected to

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recover sufficiently to carry on the duties ordinarily required

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of a member of the fire department.

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(7)(g) The term "Members of the fire department" shall be

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construed as including all officers and firefighters firemen

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regularly employed in said department, who have been certified to

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permanent status by the civil service board of said city,

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provided, however, the staff assistants secretaries,

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stenographers and other civilian employees shall not be covered

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by the provisions of this act.

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Section 3. Members participating.--Notwithstanding any

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other provisions to the contrary, the provisions of this act

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shall only apply to firefighters firemen or members of the fire

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department employed in said department prior to July 1, 1963. All

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members in the service of the fire department at the time this

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act becomes law shall receive the benefits of the time of service

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previous to the passage of this act.

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Section 4. Credit for members of armed forces.--Any member

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of the fire department covered by this act, who is drafted into

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the armed forces of the United States at any time or who

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voluntarily enlists during the time the United States is engaged

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in war, shall receive full credit towards retirement for all time

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spent in the service while a member of the fire department,;

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provided that he or she does not voluntarily reenlist re-enlist,

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and further provided that his or her separation from the United

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States service is of an honorable nature.

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Section 5. Board of trustees;-- election, appointment,

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membership, terms of office.--The board of trustees of said fund

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shall consist of the mayor, who shall be chairperson chairman,

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the chief of the fire department, and three (3) members of the

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said department either active or retired under said pension plan.

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The election of members from the department shall be held no

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later than on the 15th day of June of each year. The persons

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eligible to vote are, and only members of the fire department of

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the City of Clearwater, Florida, either active or retired and

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participating under this plan. In the event that no member of the

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plan is available to stand for election, then a current

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firefighter of the fire department below the rank of chief who is

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willing to serve shall be placed on the ballot. In the event that

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no one is available to stand for election, or in the event that

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no one is available to participate in the voting, then members of

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the board will be appointed by the city council from membership

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of the city council, shall be entitled to vote in such election.

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Members of the board so elected or appointed shall take office on

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the 1st day of July of each year. Initial members so elected

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shall serve as follows: one for 1 one (1) year, one for 2 two (2)

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years, and one for 3 three (3) years. The elected or appointed

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members each year shall serve for a 3-year three (3) year term.

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Any vacancy on said board, caused by the death, resignation, or

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dismissal of any of the elected members shall be filled by an

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election or appointment as above provided.

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Section 6. Investment powers.--The board of trustees shall

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have the power to:

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(1)1. Invest and reinvest the assets of the pension fund of

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the Fire Department of the City of Clearwater, Florida, in

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annuity and life insurance contracts of life insurance companies

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in amounts sufficient to provide, in whole or in part, the

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benefits to which all of the participants in the pension fund of

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the fire department shall be entitled under the provisions of

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this act, and pay the initial and subsequent premiums thereon.

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(2)2. Invest and reinvest the assets of the pension fund of

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the fire department in:

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(a)a. Time or savings accounts of a national bank, a state

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bank insured by the Federal Deposit Insurance Corporation, or a

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savings, building, and loan association insured by the Federal

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Savings and Loan Insurance Corporation.

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(b)b. Obligations of the United States or obligations

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guaranteed as to principal and interest by the government of the

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United States.

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(c)c. County bonds containing a pledge of the full faith

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and credit of the county involved, bonds of the Florida

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development commission, or of any other state agency, which have

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been approved as to legal and fiscal sufficiency by the State

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Board of Administration.

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(d)d. Obligations of any municipal authority issued

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pursuant to the laws of this state; provided, however, that for

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each of the 5 five years next preceding the date of investment

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the income of such authority available for fixed charges, shall

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have been not less than 1 1/2 one and one half times its average

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annual fixed-charges requirements over the life of its

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obligations.

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(e)e. Common stocks, preferred stocks and bonds, and other

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evidences of indebtedness issued or guaranteed by a corporation

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organized under the laws of the United States, any state, or any

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organized territory of the United States or the District of

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Columbia, provided:

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1.(1) The corporation is listed on any one or more of the

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recognized national stock exchanges and holds a rating in one of

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the three highest classifications by a major rating service;

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2.(2) The corporation has paid cash dividends for a period

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of 7 seven fiscal years next preceding the date of acquisition;

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3.(3) The corporation fulfills either of the following

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standards:

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a. Over the period of the 7 seven fiscal years immediately

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preceding purchase, the corporation must have earned after

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federal income taxes, an average amount per annum at least equal

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to two times the amount of the yearly interest charged upon its

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bonds, notes, or other evidences of indebtedness of equal or

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greater security outstanding at date of purchase, and earned

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after federal income taxes, an amount at least equal to two times

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the amount of such interest charges in each of the 3 three fiscal

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years immediately preceding purchase; or

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b. The corporation over the period of 7 seven fiscal years

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immediately preceding purchase must have earned after federal

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income taxes, an average amount per annum at least equal to 6

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percent six per cent of the par value of its bonds, notes, or

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other evidences of indebtedness of equal or greater security

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outstanding at date of purchase, and earned after federal income

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taxes, an amount at least equal to 6 percent six per cent of the

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par value of such obligations in each of the 3 three fiscal years

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immediately preceding purchase. No investment shall be made under

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this sub-subparagraph paragraph upon which any interest

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obligation is in default or which has been in default within the

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immediately preceding 5-year five-year period; and

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4.(4) The board of trustees shall not invest more than 1

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percent one per cent of its assets in the common stock or capital

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stock of any one issuing company, nor shall the aggregate

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investment in any one issuing company exceed 1 percent one per

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cent of the outstanding capital stock of that company; nor shall

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the aggregate of its investments under this section at cost

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exceed 60 percent sixty per cent of the fund's assets.

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(3) The trustees in the performance of their duties are

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authorized to seek, obtain, and engage independent professional

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investment counsel and advice and to pay reasonable charges for

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said services.

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Section 7. Approval of pension, relief, and benefit

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payments.--The board of trustees shall pay all warrants drawn on

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such fund, which shall be signed by the mayor of said pension

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fund counter-signed by the chief of the fire department. No

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pension, relief, or benefits shall be paid to any person out of

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said fund unless the same be approved by a majority vote of the

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board, but the board shall not refuse a pension or other benefits

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to any person who is qualified to receive a pension or other

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benefits under the terms of this act.

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Section 8. Disability and death benefits unconnected with

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duty.--Members of the fire department with less than 20 twenty

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(20) years of service who shall have become permanently disabled

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when such disability was unconnected with the performance of his

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or her duty in the fire department, and not caused by his or her

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own willful wilful intent, shall, upon satisfaction of the board

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that he or she is so permanently disabled, receive as a pension

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the sum of 2 1/2 percent 2 1/2% of the prevailing wage for the

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rank he or she holds heolds per month per each year of service,

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including a pro rata share for any part of a year's service. He

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or she shall also receive a children's benefit of 7 1/2 percent 7

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1/2% of the prevailing wage for the rank he or she holds for each

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of his or her children under the age of 18 eighteen (18) years at

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the time the member shall be so pensioned; providing, however,

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that said pension, including children's benefits, shall not

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exceed 50 percent fifty per cent (50%) of the prevailing wage for

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the rank the member held when pensioned. All of said sums shall

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be payable monthly. Upon the death of said member so pensioned,

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his or her surviving spouse widow, provided the two were lawfully

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married she was his wife at the time the member he was pensioned,

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shall receive the same pension the member he was receiving at the

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time of the member's his death, not to exceed 25 percent twenty-

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five percent (25%) of the prevailing wage for the rank the member

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held when pensioned. Children's benefits of 7 1/2 percent 7 1/2%

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of the prevailing wage for the rank held by the member at the

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time he or she was pensioned for each of his or her children

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under the age of 18 eighteen (18) years shall be paid to the

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person or persons having custody of said children, providing that

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the children's benefits, together with the surviving spouse's

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widow's pension, shall not exceed 50 percent fifty per cent (50%)

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of the prevailing wage for the rank the member held when

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pensioned. In the event that all children are not in the custody

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of the same person, the children's benefits shall be prorated pro

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rated. The benefit provided for a child shall cease upon reaching

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the age of 18 eighteen (18) years, or upon being married.

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Section 9. Death benefits.--If any member of the fire

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department loses shall lose his or her life in the performance of

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his or her duties, or as a direct result thereof, his or her

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surviving spouse widow shall receive the sum of 50 percent fifty

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per cent (50%) of the prevailing wage for the rank the member he

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held when he or she died. Children's benefits of 7 1/2 percent 7

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1/2% of the prevailing wage for the rank held by the member at

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the time he or she died for each of his or her children under the

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age of 18 eighteen (18) years shall be paid to the person or

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persons having custody of said children, provided that the

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children's benefit, together with the surviving spouse's widow's

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pension, shall not exceed 60 percent sixty per cent (60%) of the

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prevailing wage for the rank the member held when pensioned. In

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the event that all children are not in the custody of the same

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person, the children's benefits shall be prorated pro-rated. The

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benefit provided for a child shall cease upon reaching the age of

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18 eighteen (18) years or upon being married.

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Section 10. Disability benefits.--Any member who becomes

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shall become permanently disabled and whose, which said

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disability is directly caused by the performance of his or her

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duties, shall be entitled to a pension the sum of which shall be

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60 percent sixty per cent (60%) of the prevailing wage. Upon his

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or her death, the rights of his or her surviving spouse widow and

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children under the age of 18 eighteen (18) years shall be the

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same as provided for in section 9; provided, however, in order to

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be entitled to the surviving spouse's widow's benefits, the

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surviving spouse widow must have been the lawful spouse wife of

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the deceased at the time he or she was placed on pension. Any

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condition or impairment of health of a firefighter fireman caused

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by tuberculosis, hypertension, or heart disease resulting in

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total or partial disability or death shall be presumed to have

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been accidental and caused by and suffered in the line of duty

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unless the contrary is be shown by competent evidence; provided,

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however, that such firefighter fireman shall have successfully

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passed a physical examination before entering into such service,

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which examination failed to reveal any evidence of such

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condition.

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Section 11. Beneficiaries of benefits unconnected with

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duty.--If any member of the fire department with less than 20

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twenty (20) years of service dies shall die from causes

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unconnected with the performance of his or her duties, his or her

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surviving spouse widow and any children under the age of 18

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eighteen (18) years of age, if there be any, shall be entitled to

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the benefits provided for surviving spouses widows and children

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in section 8 hereof. If any member of the fire department with 20

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twenty (20) years or more of service dies shall die from causes

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unconnected with the performance of his or her duties, his or her

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surviving spouse widow and any children under the age of 18

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eighteen (18) years of age, if there be any, shall be entitled to

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the benefits provided for surviving spouses widows and children

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in section 13 hereof.

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Section 12. Retirement at age 65.--Any member now employed

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reaching the age of 65 sixty-five (65) years shall be retired and

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shall be entitled to a pension the sum of 60 percent sixty per

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cent (60%) of the prevailing wage of the rank at which he or she

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retired, providing he or she held that rank for a period of at

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least 3 three (3) years immediately prior to the retirement, or

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his or her pension shall be based on the lowest rank he or she

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has held during the 3 three (3) years immediately preceding

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retirement. The above part of this section shall not pertain to

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chiefs, whose age limits are governed by civil service rules.

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Upon the death of the member receiving a pension under the

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provisions of this section, his or her surviving spouse widow,

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providing the two were lawfully married she was his lawful wife

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at the time of the member's his retirement, shall receive 30

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percent per cent (30%) of the prevailing wage of the lowest rank

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the member held during the 3 three (3) years immediately

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preceding his or her retirement. Children's benefits of 7 1/2

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percent 7 1/2% of the prevailing wage of the lowest rank held by

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the member during his or her last 3 three years of service for

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each of his or her children under the age of 18 eighteen (18)

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years shall be paid to the person or persons having custody of

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said children, providing that the children's benefits, together

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with the surviving spouse's widow's pension, shall not exceed 60

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percent sixty per cent (60%) of the prevailing wage for the rank

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the member held when pensioned. In the event that all children

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are not in the custody of the same person, the children's

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benefits shall be prorated pro-rated. The benefits provided for a

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child shall cease upon his reaching the age of 18 eighteen (18)

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years or upon being married.

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Section 13. Retirement after 20 years' service and later.--

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(1) Any member of the fire department may retire after 20

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twenty (20) years of active service and shall receive the sum of

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50 percent fifty per cent (50%) of the prevailing wage of the

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lowest rank he or she held during the 3 three (3) years

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immediately preceding his or her retirement. Upon the death of

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said retired member, the surviving spouse widow, providing the

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two were lawfully married she was his lawful wife at the time the

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member he was pensioned, shall receive 25 percent twenty-five per

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cent (25%) of the prevailing wage of the lowest rank the member

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held during the 3 three (3) years immediately preceding his or

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her retirement. Children's benefits of 7 1/2 percent 7 1/2% of

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the prevailing wage of the lowest rank held by the member during

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his or her last 3 three (3) years of service for each of his or

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her children under the age of 18 eighteen (18) years shall be

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paid to the person or persons having custody of said children,

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providing that the children's benefits, together with the

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surviving spouse's widow's pension, shall not exceed 50 percent

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fifty per cent (50%) of the prevailing wage for the rank the

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member held when pensioned. In the event that all children are

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not in the custody of the same person, the children's benefits

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shall be prorated pro-rated. The benefits provided for a child

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shall cease upon reaching the age of 18 eighteen (18) years or

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upon being married.

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(2) Each member of the fire department will increase his or

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her pension by 2 two percent (2%) of the prevailing wage of the

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lowest rank he or she held during the 3 three (3) years

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immediately preceding retirement for each year of service in

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excess of 20 twenty (20) years, providing that in no case shall

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the retirement pension herein provided exceed 60 sixty percent

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(60%) of the prevailing wage of the lowest rank held by the

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member during the 3 three (3) years immediately preceding

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retirement. Upon the death of said member of over 20 years'

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twenty (20) years service, his or her surviving spouse widow,

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providing the two were lawfully married she was his lawful wife

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at the time the member he retired, shall receive one-half (1/2)

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of the pension the member would have been entitled to receive.

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Children's benefits of 7 1/2 percent 7 1/2% of the prevailing

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wage for the rank held by the member at the time he or she was

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pensioned for each of his or her children under the age of 18

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eighteen (18) years shall be paid to the person or persons having

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custody of said children, providing that the children's benefits,

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together with the surviving spouse's widow's pension, shall not

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exceed the pension the member himself was receiving. In the event

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that all the children are not in the custody of the same person,

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the children's benefits shall be prorated pro-rated. The benefits

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provided for a child shall cease upon reaching the age of 18

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eighteen (18) years of age or upon being married.

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Section 14. Mother or father as beneficiary.--If there is

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be no surviving spouse widow of the deceased member entitled to

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benefits under this act, and there is shall be a mother or father

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who is entirely dependent upon said member for support, the

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member's his mother or father shall receive the same pension to

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which the surviving spouse widow would have been entitled.

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Section 15. Cessation of pension to surviving spouse;

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continuation of benefits to children.--Any pension being paid to

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a surviving spouse widow hereunder shall cease upon his or her

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death or remarriage. No surviving spouse's widow's pension shall

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be paid to any surviving spouse widow unless he or she was the

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lawful spouse wife of the deceased member at the time the member

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he was placed on pension. This shall not be construed to mean

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that the pension provided for each of the children of the

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deceased under the age of 18 eighteen (18) years of age shall

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cease by virtue of the remarriage of the surviving spouse mother,

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but shall continue until the child or children shall reach the

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age of 18 eighteen (18) years or marry or be legally adopted.

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Section 16. Benefits not assignable nor subject to

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garnishment.--No pension or other benefits provided for herein

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shall be assignable or subject to garnishment for debts or other

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legal process.

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Section 17. Pension for discharged members.--Members of the

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fire department who are eligible and entitled to a pension at the

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time charges are preferred against said member for removal from

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the fire department shall not be deprived of the pension to which

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he or she was entitled. Any member who has shall have served for

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12 Twelve (12) years in the fire department and is who shall be

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discharged shall be entitled to a retirement pension upon the

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basis provided for in section 8 of this act.

485

Section 18. Effect of judgment for damages against

486

city.--Any judgment received by any member of the fire department

487

or persons entitled to a pension under this act, against the City

488

of Clearwater for damages on account of injury or death of a

489

member of the fire department, shall thereby void all rights to a

490

pension under this act. This shall not be a bar to a suit for

491

damages. This section shall not be construed to affect

492

proceedings under the Workers' Compensation Law Workmen's

493

Compensation Act of the State of Florida.

494

Section 19. Election to come within plan; discharge after 5

495

years' service.--

496

(1) Every employee of the fire department now under the

497

present pension plan, acts of 1939, shall have 30 thirty (30)

498

days to reject the terms of this act, and, in the event of

499

rejection, said member shall file with the chief of said

500

department his or her objections in writing, and in the event of

501

his or her failure to do so, shall be conclusively presumed to

502

accept the terms of this act.

503

(2) All employees of said department employed after the act

504

becomes a law shall be, as a condition of their employment,

505

subject to all of the terms and provisions of this act. Any

506

member of said department discharged or voluntarily leaving the

507

service after a period of 5 five (5) years, shall be entitled to

508

a refund of 80 percent eighty per cent (80%) of all moneys monies

509

deducted from his or her salary for said pension fund.

510

(3) Notwithstanding the above provision, any employee

511

subject to the terms and provisions of this act may transfer such

512

employee's contributions and interest earnings which have accrued

513

during the period of time that such employee participated in the

514

plan to the City of Clearwater Employees Pension Plan.

515

Section 20. Payments under prior plan.--

516

(1) All pensions heretofore granted by the board of

517

trustees of the fire pension fund of the City of Clearwater,

518

shall continue to be paid in accordance with the terms and

519

provisions of said plan prior to this amendment [chapter 72-506,

520

Laws of Florida].

521

(2) All pensions hereafter granted under the provisions of

522

this plan shall be in accordance with the provisions of this act

523

[chapter 72-506, Laws of Florida]. However, the total increase in

524

pension payments to any firefighter fireman participating

525

hereunder and commencing to receive retirement benefits after the

526

effective date of this act [chapter 72-506, Laws of Florida]

527

shall be limited to a maximum of 100 one hundred percent (100%)

528

of the initial monthly pension payment provided under this plan.

529

In no case shall a pension or any adjustment to a pension be

530

calculated on the compensation of a rank higher than that of a

531

captain. This shall not be a bar to a higher-ranking higher

532

ranking officer receiving a pension, but will limit the amount of

533

such pension or adjustment to that of a captain's rank.

534

Section 21. Qualifications of applicants for

535

employment.--Applicants for appointment as members of the fire

536

department must have been residents of the city for 1 one (1)

537

full year, next prior to application for appointment. They must

538

be an American citizen; they must stand physical examination by

539

the city physician; they must not be over 35 thirty-five (35)

540

years of age; and they must be of good moral character and habits

541

and have qualified themselves in accordance with such civil

542

service rules as may be in force at the time of their application

543

and appointment to the fire department; provided, however, this

544

provision shall not apply to the chiefs of the fire department.

545

Section 22. Reexamination of pensioners.--Any member of the

546

fire department who has shall have retired on pension due to

547

permanent disability shall be subject to the call of the board

548

for reexamination re-examination, and if found able to perform

549

active duty, the board shall have the power to, with the consent

550

of the city manager and the chief of the fire department, compel

551

the return of said member to the department, and said member so

552

returned shall enjoy the same rights that he or she had at the

553

time he or she was placed upon pension, and in the event the said

554

member so ordered to return shall refuse to comply with the said

555

order within 10 ten (10) days from issuance thereof, he or she

556

shall forfeit his or her rights to his or her pension.

557

Section 23. Change of address; notice; determination of

558

health recovery.--It shall be the duty of all persons on pension

559

not granted by virtue of 20 twenty (20) years of service to file

560

with the pension board the address of his or her residence and to

561

immediately notify the said pension board of any change in said

562

residence, if any there be. The pension board shall have the

563

power to call any of such pensioners for examination to determine

564

whether or not the said pensioner has recovered his or her health

565

to the extent of being able to perform his or her former duties

566

on the fire department, upon giving 30 days' thirty (30) days

567

written notice of such recall for examination by registered

568

letter addressed to the last address on file with the pension

569

board. If said pensioner shall fail to submit himself or herself

570

for such examination within the said 30-day thirty (30) day

571

period, his or her pension shall be suspended until such time as

572

the pensioner shall establish before the said board that he or

573

she is still entitled to the pension he or she is receiving, and

574

in the event the pensioner shall fail within 1 one (1) year to

575

respond to said notice for examination and suspension of his or

576

her pension, it shall be conclusively deemed that the said

577

pensioner is not entitled to said pension and it shall be revoked

578

and set aside.

579

Section 24. Cessation of benefits to children upon

580

marriage.--Any benefits paid under the provisions of this act to

581

children shall cease upon the marriage of said child or children

582

or legal adoption of said child or children.

583

Section 25. Determination of credit while laid off or on

584

pension.--If any member of the fire department shall be laid off

585

due to reduction in the force or placed on pension not service-

586

connected and then returned to the service, only the time during

587

which said member was laid off or upon pension shall be deducted

588

in computing the active service referred to in this act. Any

589

member of the department who shall be placed on pension due to

590

injury resulting from the performance of his or her duty, upon

591

returning to the service he shall receive credit only for the

592

active service actually rendered in said department in computing

593

his or her active service.

594

Section 26. Repeal of conflicting law; exception.--All laws

595

or parts of laws in conflict herewith be and the same are hereby

596

repealed, except as provided by section 20 of this act, and

597

chapter 19112, Laws of Florida 1939, be and the same is hereby

598

repealed.

599

Section Sec. 27. City obligated to provide funds from non-

600

ad valorem sources.--Notwithstanding any other limitations and

601

provisions contained in chapters 30658, Laws of Florida, 1955,

602

and 72-506, Laws of Florida, specifically including, but not

603

limited to, the limitation of 35 thirty-five (35) years for the

604

ad valorem tax funding of contributions to the pension fund by

605

the City of Clearwater, it is hereby provided that it shall be

606

the obligation of the City of Clearwater, if the assets on

607

reserve in such pension fund, should, at any time, become

608

insufficient to pay all of the payments and benefits provided for

609

by the pension fund and plan, to contribute and provide funds

610

from non-ad valorem revenues of the city to said fund in an

611

amount sufficient to pay all such benefits as heretofore have

612

accrued or may heretofore become payable under said laws for so

613

long as any person shall be entitled to same. It is the intent of

614

this section that the city guarantee from non-ad valorem tax

615

revenue sources all benefits which would be payable under the

616

plan at any time to the same extent as if such fund had assets

617

available from member contributions sufficient for that purpose.

618

Section 28. Referendum.--This act shall not become

619

effective until and unless the same be ratified by a majority of

620

the qualified electors of the City of Clearwater, voting in an

621

election called and held for the purpose of ratification or

622

rejection thereof in the manner provided by law for the calling

623

and holding of special elections in said city. In the event of

624

ratification of this act, the same shall become effective

625

immediately upon the official determination of said ratification.

626

The submission of other measures for approval or rejection, at

627

the same special election in which this act is submitted for

628

ratification or rejection, shall in no way be considered to

629

invalidate or render void the special election in which the

630

ratification or rejection of this act is submitted.

631

Section 29. Severability.--If any section, paragraph,

632

phrase, or sentence contained in this act shall be held

633

inoperative, unconstitutional, or void by any court of competent

634

jurisdiction, it shall in no way affect the remaining portions of

635

said act.

636

Section 2. This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.