House Bill 4307er

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





    ENROLLED

    1998 Legislature                      HB 4307, First Engrossed



  1

  2         An act relating to the City of Tampa,

  3         Hillsborough County, and particularly to the

  4         City Pension Fund for Firefighters and Police

  5         Officers in the City of Tampa; enabling an

  6         increase in the accrual of benefits from 2

  7         percent to 2.5 percent for additional years of

  8         service after 26 years; providing for pension

  9         benefits after 20 years of service without

10         reduction upon separation; providing for a

11         Deferred Retirement Option Program; providing

12         for additional benefits; providing for

13         contribution rates; providing an effective

14         date.

15

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

17

18         Section 1.  The City of Tampa is authorized and

19  empowered to enter into a supplemental contract with each and

20  every firefighter or police officer who was an active or

21  contributing member of the City Pension Fund for Firefighters

22  and Police Officers in the City of Tampa on or after the date

23  this act becomes a law, or who may hereafter enter into a

24  pension contract with the City, amending subparagraph 7(A) of

25  the City of Tampa Firefighters and Police Officers Pension

26  Contract as prescribed by Section 28-17 of the City of Tampa

27  Code [Ordinance No. 4746-A, enacted September 30, 1969], as

28  amended by Section 28-19 of the City of Tampa Code [Ordinance

29  No. 6038-A, enacted September 17, 1974], pursuant to chapter

30  74-613, Laws of Florida, as further amended by chapter 92-231,

31  Laws of Florida, and chapter 94-463, Laws of Florida, to read:


                                  1

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




    ENROLLED

    1998 Legislature                      HB 4307, First Engrossed



  1         Section 7.  Benefits, Pensions to

  2  Members-Compulsory.--The Board shall upon its application

  3  retire:

  4         (A)  Any member of the Fund having an aggregate of 10

  5  years of actual service as defined in Section 17 in said

  6  departments, and having reached the age of 46 years, who then

  7  shall receive in monthly installments a pension equal to 25

  8  percent of the member's average earnings for the three (3)

  9  highest years within the last 10 years of service with a

10  minimum pension of $100 per month. For each additional year of

11  such actual service after 10 years, up to and including twenty

12  six (26) years, a member shall receive 2.5 percent of average

13  earnings,. For each additional year of such actual service

14  after 26 years, a member shall receive 2 percent of average

15  earnings not to exceed a total pension of 100 percent of said

16  average earnings. After 10 years of actual service as defined

17  in Section 17, this pension right shall be a vested right with

18  the payment thereof to begin upon the employee's separation

19  from the service or the employee's reaching the age of 46

20  years, whichever occurs later, so that an employee having 10

21  or more years of such actual service who resigns, retires, or

22  is otherwise separated from the service prior to reaching the

23  age of 46 years may elect to allow his contributions to remain

24  in the Pension Fund and upon reaching the age of 46 years

25  shall be entitled to commence receiving a pension based upon

26  his creditable service as herein provided, and should such

27  employee die before reaching 46 years of age, then at the time

28  that decedent would have reached 46 years of age the widow or

29  widower shall receive such benefit as the widow or widower

30  would have received under subparagraph subsection 9(C) if the

31  employee had died while receiving a pension. Provided however,


                                  2

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




    ENROLLED

    1998 Legislature                      HB 4307, First Engrossed



  1  any member of the Pension Fund who prior to October 16, 1992,

  2  was a participant member of Division B of the General

  3  Employees Pension Plan as established by chapter 81-497, Laws

  4  of Florida, as amended, shall receive benefits from this

  5  Pension Fund at the rate of 2.5 percent of average earnings

  6  for each year of service in this Pension Fund, provided

  7  however, the 2.5 percent accrual shall not apply to any

  8  service while the member was a participant of Division B of

  9  the General Employees Pension Plan for the first twenty-six

10  (26) years of service after October 16, 1992, and two per

11  centum (2%) for each year of service thereafter. Upon reaching

12  social security normal retirement age, the benefit paid herein

13  shall be reduced to 60 percent of the initial benefit amount.

14         Section 2.  If the City of Tampa enters into

15  supplemental contracts as provided in section 1 of this act,

16  each firefighter and police officer who was an active or

17  contributing member of the City Pension Fund for Firefighters

18  and Police Officers in the City of Tampa on or after the date

19  this act becomes a law, with more than 26 years of service, is

20  entitled to receive pension benefits, including the cost of

21  living adjustments pursuant to Section 23, from the fund upon

22  the same basis as if the member's contract had been

23  supplemented in the manner provided by section 1 of this act

24  before the member's separation from service, retroactive to

25  the date of the member's separation from service, without

26  interest.

27         Section 3.  The City of Tampa is authorized and

28  empowered to enter into a supplemental contract with each and

29  every firefighter or police officer who was an active or

30  contributing member of the City Pension Fund for Firefighters

31  and Police Officers in the City of Tampa on or after the date


                                  3

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




    ENROLLED

    1998 Legislature                      HB 4307, First Engrossed



  1  this act becomes a law, or who may hereafter enter into a

  2  pension contract with the City, amending subparagraph 7(D) and

  3  subsection 23(3) of the City of Tampa Firefighters and Police

  4  Officers Pension Contract as prescribed by chapter 94-463,

  5  Laws of Florida, to read:

  6         (D)  Notwithstanding the foregoing, any member of this

  7  Pension Fund having an aggregate of 20 years of actual service

  8  as a firefighter or police officer in said departments either

  9  in this Pension Fund or Division B of the General Employees

10  Pension Plan, or a combination thereof, may elect to enter

11  into the Deferred Retirement Option Program (DROP), or, if the

12  member who separates from the service as a firefighter or

13  police officer, may elect to commence immediate receipt of

14  benefits regardless of age, provided, however, that the

15  benefit otherwise payable pursuant to subparagraph 7(A) shall

16  be reduced by .048 percent for each month prior to the member

17  reaching the age of 46 years. To the extent that this

18  subparagraph would result in a forfeiture of the right of the

19  Pension Fund to participate in the distribution of tax funds

20  established in chapters 175 and 185, Florida Statutes, this

21  paragraph shall be null and void.

22         (3)  If a member elects to commence receipt of

23  subparagraph section 7(A) benefits after 20 years of service

24  immediately upon separation from service as provided in

25  subparagraph 7(D) or to enter into the Deferred Retirement

26  Option Program (DROP) and prior to reaching the age of 46

27  years, adjustments provided for in this section shall not

28  commence on until January 1 immediately following the October

29  1 on or before which the member separates from service as a

30  firefighter or police officer in the fire department or police

31  department, respectively, or enters the Deferred Retirement


                                  4

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




    ENROLLED

    1998 Legislature                      HB 4307, First Engrossed



  1  Option Program (DROP). attains 46 years of age, and provided

  2  further that such cost of living adjustments shall be paid on

  3  the actuarially reduced benefits calculated pursuant to

  4  subparagraph 7(D).

  5         Section 4.  The City of Tampa is authorized and

  6  empowered to enter into a supplemental contract with each and

  7  every firefighter or police officer who was an active or

  8  contributing member of the City Pension for Firefighters and

  9  Police Officers in the City of Tampa on or after the date this

10  act becomes a law, or who may hereafter enter into a pension

11  contract with the City, creating Section 26 of the City of

12  Tampa Firefighters and Police Officers Pension Contract to

13  read:

14         Section 26.  DEFERRED RETIREMENT OPTION

15  PROGRAM.--Notwithstanding any other provisions of this

16  contract, and subject to the provisions of this section, the

17  Deferred Retirement Option Program, hereinafter referred to as

18  the DROP, is an option under which an eligible member may

19  elect to have the member's pension benefits calculated as of a

20  certain date prior to retirement, and accumulate benefits plus

21  the investment return pursuant to this section during the DROP

22  calculation period. Participation in the DROP does not

23  guarantee employment for the DROP calculation period, as

24  defined in this section.

25         (A)  Eligibility.--In order to be eligible for the DROP

26  option, the member must meet the following eligibility

27  criteria:

28         (1)  The member must have attained at least 20 years of

29  service but no more than 30 years of service at the time the

30  member files an election under this section. The service must

31  be as a firefighter or police officer in the fire department


                                  5

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




    ENROLLED

    1998 Legislature                      HB 4307, First Engrossed



  1  or the police department, respectively, either in this Pension

  2  Fund or Division B of the General Employees Pension Plan, or a

  3  combination thereof. A member is eligible for accumulations

  4  pursuant to the DROP for the lesser of 5 years, or the

  5  difference between 30 years of service and the member's

  6  service as of the effective date of the member's DROP

  7  election. However, if a member has attained at least 25 years

  8  of service on the date this act becomes a law and elects to

  9  participate in the DROP within 90 days after receipt of

10  written notice from the Board of Trustees, the member is

11  eligible for a 5-year DROP calculation period following the

12  date this act becomes a law.

13         (2)  The member must meet all eligibility requirements

14  for pension benefits, other than separation from service as a

15  firefighter or police officer in the fire department or police

16  department, respectively.

17         (3)  Upon electing to participate in the DROP, the

18  member shall submit on forms required by the City and the

19  Board of Trustees:

20         (a)  An irrevocable written election to participate in

21  the DROP, specifying a DROP benefit calculation date. This

22  DROP benefit calculation date is used to determine the DROP

23  calculation period, which commences on the DROP benefit

24  calculation date and ends on the earlier of (i) the last day

25  of DROP eligibility as determined under paragraph (1) or (ii)

26  the member's separation from service or death;

27         (b)  An irrevocable notice of employment termination to

28  take effect upon the expiration of the DROP calculation

29  period; provided that a DROP participant shall not be

30  precluded from voluntarily terminating employment with the

31  City as a firefighter or police officer before the expiration


                                  6

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




    ENROLLED

    1998 Legislature                      HB 4307, First Engrossed



  1  of the DROP calculation period, nor shall the City be

  2  precluded from terminating such DROP participant's employment

  3  as applicable due to disciplinary action, layoff, or other

  4  separation in accordance with the applicable collective

  5  bargaining agreement, civil service law, or other applicable

  6  law;

  7         (c)  A properly completed application for longevity

  8  retirement benefits to be calculated pursuant to subparagraph

  9  7(A) or subparagraph 7(D) as of the DROP benefit calculation

10  date; and

11         (d)  Any other information required by the Board of

12  Trustees.

13         (4)  A member may only make one DROP election during

14  the member's lifetime.

15         (B)  Status.--For pension purposes only:

16         (1)  During the DROP calculation period, there shall be

17  no pension contribution deductions made from the earnings,

18  wages, salary, or compensation earned by the DROP participant.

19         (2)  Upon entry into the DROP, a DROP participant shall

20  no longer be entitled to disability benefits pursuant to

21  subparagraph 7(B) or subparagraph 7(C).

22         (3)  Death benefits under the DROP.--Upon the death of

23  a DROP participant, the named beneficiary or beneficiaries

24  shall be entitled to receive the benefits accumulated during

25  the DROP calculation period as of the date of death. After the

26  death of such DROP participant, pension benefits shall be paid

27  as required by Section 9, provided however that a surviving

28  spouse who was not married to the member during some period of

29  the member's employment as a firefighter or police officer

30  prior to the date of the member's entry into the DROP shall

31  not be entitled to Section 9 benefits. Eligibility to


                                  7

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




    ENROLLED

    1998 Legislature                      HB 4307, First Engrossed



  1  participate in the DROP terminates upon the death of such DROP

  2  participant.

  3         (4)  A DROP participant shall not be eligible to be

  4  elected as a member of the Board of Trustees.

  5         (5)  During DROP participation, a DROP participant

  6  shall be entitled to the 13th check benefit pursuant to

  7  Section 27.

  8         (C)  Benefits under the DROP.--

  9         (1)  Effective with the DROP benefit calculation date,

10  a DROP participant's monthly pension installments calculated

11  pursuant to Section 7, including creditable service, such

12  participant's average earnings and the effective date of

13  retirement shall be fixed.

14         (2)  The DROP accumulation shall be calculated as

15  follows:

16         (a)  The amount of the monthly installments to which

17  the member would have been entitled to receive from the DROP

18  benefit calculation date to the end of the member's DROP

19  calculation period.

20         (b)  The amount of any cost of living adjustments

21  pursuant to Section 23 during the DROP benefit calculation

22  period.

23         (c)  Interest accumulation as set forth in this

24  section.

25         (d)  The amount of the 13th check pursuant to Section

26  27.

27         (3)  At the conclusion of the member's DROP benefit

28  calculation period, the Board of Trustees shall distribute the

29  member's benefits, subject to the following provisions:

30         (a)  The Board of Trustees shall receive verification

31  by the City that such DROP participant's employment as a


                                  8

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




    ENROLLED

    1998 Legislature                      HB 4307, First Engrossed



  1  firefighter or police officer with the fire department or

  2  police department, respectively, has terminated.

  3         (b)  A terminated DROP participant or, if deceased,

  4  such participant's named beneficiary or beneficiaries, shall

  5  elect on forms provided by the Board of Trustees to receive

  6  the DROP benefits in accordance with one of the options

  7  provided in subparagraph 26(E)(1). Once a DROP participant

  8  commences distribution under a payment method (or receives a

  9  lump sum), no further interest shall be payable to the DROP

10  participant. For a DROP participant or beneficiary who fails

11  to elect a method of payment within 60 days of termination of

12  DROP participation, the Board of Trustees will pay a lump sum

13  as provided hereafter.

14         (D)  Interest and Administrative Costs.--Interest shall

15  accumulate annually at the rate to reflect the Fund's net

16  investment performance, whether positive or negative, during

17  the DROP calculation period, less the cost of administering

18  the DROP, all of which shall be determined by the Board of

19  Trustees.

20         (E)  Payment.--

21         (1)  Upon termination of employment with the City as a

22  firefighter or police officer in the fire department or police

23  department, respectively, the accumulated DROP benefits at the

24  option of the terminated DROP participant, or if deceased,

25  such participant's designated beneficiary or beneficiaries,

26  shall be distributed to the extent allowed by law by rollover

27  to another qualified plan, as a lump sum payment, as a

28  combination of both, or in such other forms as provided by

29  rules and regulations adopted by the Board of Trustees,

30  provided that such distribution may be adjusted by the Board

31


                                  9

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




    ENROLLED

    1998 Legislature                      HB 4307, First Engrossed



  1  of Trustees to maintain Internal Revenue Code qualification of

  2  the Fund.

  3         (2)  If a DROP participant dies during the DROP

  4  calculation period, or on or before the DROP participant's

  5  full DROP accumulation is distributed, any remaining DROP

  6  accumulation shall be distributed to the DROP participant's

  7  designated beneficiary or beneficiaries, or, if there is no

  8  surviving designated beneficiary, to the participant's spouse,

  9  or if there is no surviving designated beneficiary and no

10  surviving spouse, to the participant's estate. Any such

11  payment shall be made in a lump sum payment, unless the

12  participant had already commenced benefit payment of their

13  DROP accumulation in an optional plan. In such an event,

14  benefits shall continue to be paid pursuant to the optional

15  benefit form selected.

16         (3)  The form of distribution elected by a DROP

17  participant or surviving beneficiary must comply with the

18  applicable requirements of the Internal Revenue Code.

19         (4)  A DROP participant who is involuntarily discharged

20  who seeks review of such discharge shall not be entitled to

21  receipt of pension benefits or benefits accumulation while in

22  the DROP until it has been determined that the discharge was

23  lawful, or at the expiration of DROP participation provided in

24  subparagraph 26(A)(1), whichever is first.

25         (5)  The accumulated benefits of any DROP participant,

26  including any interest thereon, shall not be subject to

27  assignment, garnishment, execution, attachment, or to any

28  legal process whatsoever, except income deduction orders as

29  provided in section 61.1301, Florida Statutes, and federal

30  income tax levies.

31


                                  10

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




    ENROLLED

    1998 Legislature                      HB 4307, First Engrossed



  1         (6)  Upon termination from employment with the City as

  2  a firefighter or police officer in the fire department or

  3  police department, respectively, the monthly pension

  4  installments pursuant to Section 7 and the cost of living

  5  adjustments pursuant to Section 23, shall be paid to the

  6  member, and upon death of the member, monthly pension

  7  installments shall be paid pursuant to Section 9 with cost of

  8  living adjustments pursuant to Section 23.

  9         (F)  Conflict of Laws.--To the extent that any

10  provision of this section is in conflict with sections

11  112.60-112.67, Florida Statutes, or those provisions of

12  chapters 175 and 185, Florida Statutes, that apply to local

13  law plans established by municipal ordinance or special act,

14  or provisions of Florida Statutes made applicable to pension

15  funds established by special act, or to the extent that any

16  provision of this section would result in the loss of tax

17  exempt status of the Pension Fund, the Board of Trustees is

18  hereby delegated the authority to adopt by rule changes to

19  this section in order to comply with said laws, which shall

20  have the force of law and shall be considered part of this

21  pension contract.

22         (G)  Administration of Program.--The Board of Trustees

23  shall make such rules as are necessary for the effective and

24  efficient administration of this section, provided that such

25  rules are not inconsistent with the terms of any collective

26  bargaining agreement entered into by the City and the

27  certified bargaining agents for firefighters and police

28  officers concerning the DROP. The Board of Trustees shall not

29  be required to advise members of the federal tax consequences

30  of an election related to the DROP but may advise members to

31  seek independent advice. Notwithstanding any other provision


                                  11

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




    ENROLLED

    1998 Legislature                      HB 4307, First Engrossed



  1  of this section to the contrary, any provision of this section

  2  shall be construed and administered in such manner that such

  3  program will qualify as a qualified governmental pension plan

  4  under existing or hereafter enacted provisions of the Internal

  5  Revenue Code of the United States, and the Board of Trustees

  6  may adopt any rule necessary to accomplish the purpose of this

  7  section as is necessary to retain tax qualification, which

  8  rule shall have the force of law and shall be considered part

  9  of this pension contract.

10         Section 5.  The City of Tampa is authorized and

11  empowered to enter into a supplemental contract with each and

12  every firefighter or police officer who was an active or

13  contributing member of the City Pension Fund for Firefighters

14  and Police Officers in the City of Tampa on or after the date

15  this act becomes a law, or who may hereafter enter into a

16  pension contract with the City, creating Section 27 of the

17  City of Tampa Firefighters and Police Officers Pension

18  Contract to read:

19         Section 27.  13TH CHECK PROGRAM.--Notwithstanding any

20  other provisions of this contract, and subject to the

21  provisions of this section, the 13th Check Program is a

22  program which authorizes the Board of Trustees to establish

23  and make a supplemental pension distribution commencing in

24  January 1999, and in January of each year thereafter, pursuant

25  to the following terms and conditions:

26         (A)  Eligibility.--The following persons shall be

27  eligible for the supplemental pension distribution payable in

28  January of each year:

29         (1)  All retired members who have terminated employment

30  as a firefighter or police officer in the fire department or

31  police department, respectively, who, on the October 1


                                  12

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




    ENROLLED

    1998 Legislature                      HB 4307, First Engrossed



  1  immediately preceding the January in which distributions are

  2  to be made, were eligible to receive pension benefits for at

  3  least 1 year. For purposes of this section only, a DROP

  4  participant shall be considered a retired member and, during

  5  the DROP calculation period, a DROP participant shall be

  6  eligible for the 13th check benefit, provided that, on the

  7  October 1 immediately preceding the January in which

  8  distributions are to be made, such DROP participant had

  9  participated in the DROP for at least 1 year;

10         (2)  All qualifying spouses who were eligible to

11  receive pension benefits pursuant to Section 8 or Section 9

12  for at least 1 year on the October 1 immediately preceding the

13  January in which distributions are to be made; and

14         (3)  All qualifying surviving spouses, who on the

15  October 1 immediately preceding the January in which

16  distributions are to be made, were eligible for receipt of

17  Section 8 or Section 9 benefits but who have not received such

18  pension benefits for at least 1 year provided that the

19  deceased member was eligible for receipt of pension benefits

20  on October 1 of the prior year.

21         (B)  13th Check Account.--

22         (1)  There is hereby created a 13th check account

23  within the Fund, which shall consist of those employees'

24  contributions set forth in subparagraph 27(B)(2) and the

25  City's contributions set forth in subparagraph 27(B)(3) in

26  excess of those contributions otherwise required by Section 2

27  for the normal annual cost of benefits, other than benefits

28  arising from post retirement adjustments made pursuant to

29  Section 23 and other than benefits arising from the 13th Check

30  Program, plus any interest earnings thereon.

31


                                  13

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




    ENROLLED

    1998 Legislature                      HB 4307, First Engrossed



  1         (2)  Notwithstanding any other provision of this

  2  contract, commencing October 1, 1998, employees covered under

  3  this contract shall continue to contribute pursuant to Section

  4  2 at the rates required for employees to fund the normal

  5  annual cost of benefits, other than benefits arising from post

  6  retirement adjustments made pursuant to Section 23 and other

  7  than benefits arising from the 13th check program made

  8  pursuant to this section, plus an additional 100 percent of

  9  9.874 percent of the full scale contribution rate (FSCR) set

10  forth in Section 2(D) to the 13th check program.

11         (3)  Notwithstanding any other provision of this

12  contract, the City shall contribute:

13         (a)  An amount required to fund the normal annual cost

14  of benefits, other than benefits arising from post-retirement

15  adjustments made pursuant to Section 23 and other than

16  benefits arising from the 13th check program made pursuant to

17  this section, plus;

18         (b)  Commencing October 1, 2001, to the 13th check

19  program, 134 percent of 9.874 percent of the full scale

20  contribution rate (FSCR) for employees set forth in Section

21  2(D); provided, however, if the sum of the City's contribution

22  for the normal annual cost of benefits plus the 134 percent of

23  9.874 percent of the full scale contribution rate (FSCR) is

24  greater than 134 percent of 28.789 percent of the full scale

25  contribution rate (FSCR), then the City's contribution to the

26  13th check program shall be the positive difference between

27  134 percent of 28.789 percent of the full scale contribution

28  rate (FSCR) and the amount set forth in subparagraph

29  27(B)(3)(a) [134 percent of the normal annual cost of benefits

30  of the full scale contribution rate (FSCR) for employees set

31


                                  14

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




    ENROLLED

    1998 Legislature                      HB 4307, First Engrossed



  1  forth in Section 2(D)], but no less than 134 percent of 3

  2  percent of the full scale contribution rate (FSCR).

  3         (4)  Notwithstanding any other provision of this

  4  contract, the City's contributions to the 13th check program

  5  shall not require the City to make additional contributions to

  6  the 13th check program to reimburse the 13th check account for

  7  the contributions the City would have otherwise made to the

  8  13th check program had it contributed thereto for the period

  9  of October 1, 1998, through September 30, 2001.

10         (C)  Amount of the 13th Check.--The amount of the 13th

11  check shall be determined as follows:

12         (1)(a)  The amount of the 13th check shall be the same

13  for all retired members, regardless of years of service, age,

14  years retired, or monthly installment.

15         (b)  All eligible surviving spouses shall be entitled

16  to 50 percent of what the eligible retired member would have

17  received but for death.

18         (c)  If a retired member is eligible on October 1 but

19  dies before payment of the 13th check in the following

20  January, the retired member's spouse shall receive the full

21  amount of the payment, and if there is no surviving spouse,

22  the retired member's designated beneficiary or beneficiaries,

23  or if none, the retired member's estate shall receive the

24  payment.

25         (2)  The Board of Trustees shall establish by rule

26  adopted no later than December 15, 1998, the amount of the

27  13th check, subject to the following:

28         (a)  The amount of the 13th check, or a method for

29  calculating the amount of the 13th check in a manner that is

30  definitely determinable and in accordance with the

31


                                  15

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




    ENROLLED

    1998 Legislature                      HB 4307, First Engrossed



  1  requirements of the Internal Revenue Code applicable to a

  2  qualified governmental plan; and

  3         (b)  Certification by the Fund's actuary that the

  4  amount of the payment will be funded on a sound actuarial

  5  basis as required by Section 14, Article X of the State

  6  Constitution.

  7         (D)  Conflict of Laws.--To the extent that any

  8  provision of this section is in conflict with sections

  9  112.60-112.67, Florida Statutes, or those provisions of

10  chapters 175 and 185, Florida Statutes, that apply to local

11  law plans established by municipal ordinance or special act,

12  or provisions of Florida Statutes made applicable to pension

13  funds established by special act, or to the extent that any

14  provision of this section would result in the loss of tax

15  exempt status of the Pension Fund, the Board of Trustees is

16  hereby delegated the authority to adopt by rules changes to

17  this section in order to comply with said laws, which shall

18  have the force of law and shall be considered part of this

19  pension contract.

20         (E)  Administration of Program.--The Board of Trustees

21  shall make such rules as are necessary for the effective and

22  efficient administration of this section, provided that such

23  rules are not inconsistent with the terms of any collective

24  bargaining agreement entered into by the City and the

25  certified bargaining agents for firefighters and police

26  officers concerning the 13th Check Program. Notwithstanding

27  any other provision of this section to the contrary, any

28  provision of this section shall be construed and administered

29  in such manner that such program will qualify as a qualified

30  governmental pension plan under existing or hereafter enacted

31  provisions of the Internal Revenue Code of the United States,


                                  16

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




    ENROLLED

    1998 Legislature                      HB 4307, First Engrossed



  1  and the Board of Trustees may adopt any rule to accomplish the

  2  purpose of this section as is necessary to retain tax

  3  qualification, which rules shall have the force of law and

  4  shall be considered part of this pension contract.

  5         Section 6.  The City of Tampa is authorized and

  6  empowered to enter into a supplemental contract with each and

  7  every firefighter or police officer who was an active or

  8  contributing member of the City Pension Fund for Firefighters

  9  and Police Officers in the City of Tampa on or after the date

10  this act becomes a law, or who may hereafter enter into a

11  pension contract with the City, amending subparagraphs 2(B)(1)

12  and (4) and 2(D), creating subparagraph 2(K), and amending

13  subsection 23(1) of the City of Tampa Firefighters and Police

14  Officers Pension Contract as prescribed by chapter 94-463,

15  Laws of Florida, to read:

16         Section 2(B)

17         (1)  The normal annual cost of the benefits other than

18  benefits arising from post-retirement adjustments made

19  pursuant to Section 23 and other than the 13th check benefits

20  pursuant to Section 27, provided for in this contract; and

21         (4)  Provided, however, that in no case shall the

22  contributions by the City in any year, and exclusive of income

23  from other sources, be less than 133 percent, or 134 percent

24  if paid quarterly, of the total sum contributed by employees

25  as provided in (D) below, excluding contributions for the 13th

26  check benefit; it being expressly understood that when the

27  requirements for continued actuarial soundness of the plan are

28  determined to require less contributions than would result

29  hereby, the contributions from the City and employees will be

30  proportionately reduced to rates which will reasonably

31  generate such reduced amount.


                                  17

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




    ENROLLED

    1998 Legislature                      HB 4307, First Engrossed



  1         (D)  Except as provided by subparagraph 2(B)(4) and

  2  subparagraph 27(B)(2), the employees covered under this

  3  contract shall contribute at the rates set forth below, based

  4  upon all of their earnings during each twelve month period

  5  commencing on October 1, which contributions shall be deducted

  6  from said earnings before the same are paid and shall be

  7  promptly deposited in the Fund:

  8      Earnings in                                Employee

  9  Twelve-Month Period                          Contribution

10  Commencing October 1                             Rate

11      First $4,000                                   6%

12       Next 1,000                                    7%

13       Next 1,000                                    8%

14       Next 1,000                                    9%

15       Next 1,000                                   10%

16       Next 1,000                                   11%

17       Next 1,000                                   12%

18       Next 2,500                                   15%

19  Excess over $12,500                               25%

20

21  If the City's rate of contribution, pursuant to Section 2(B),

22  exceeds 40 percent, the employee contribution scale above

23  shall be increased in the ratio of the City's contribution

24  rate, pursuant to Section 2(B), to 40 percent.

25         (K)  Notwithstanding any other provisions of this

26  section, the City and the employees shall make additional

27  contributions to the 13th Check Benefit Program to the extent

28  set forth in Section 27.

29         Section 23.

30         (1)  Commencing September 30, 1970, the size of the

31  Fund, excluding the 13th check account, determined on a market


                                  18

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




    ENROLLED

    1998 Legislature                      HB 4307, First Engrossed



  1  value basis, shall be compared with the amount that would have

  2  been in the Fund, excluding the 13th check account, had the

  3  fund, excluding the 13th check account, earned 5 percent,

  4  inclusive of realized and unrealized capital gains and losses,

  5  compounded annually from October 1, 1969. If on any September

  6  30, the actual fund, excluding the 13th check account, exceeds

  7  the 5 percent accumulation, the excess will be known as the

  8  Post Retirement Adjustment Account, provided that for this

  9  purpose the 5 percent accumulation will not be reduced by any

10  post-retirement benefit adjustment payments.

11         Section 7.  The City of Tampa is authorized and

12  empowered to enter into a supplemental contract with each and

13  every firefighter or police officer who was an active or

14  contributing member of the City Pension Fund for Firefighters

15  and Police Officers in the City of Tampa on or after the date

16  this act becomes a law, or who may hereafter enter into a

17  pension contract with the City, amending Section 24 of the

18  City of Tampa Firefighters and Police Officers Pension

19  Contract to read:

20         Section 24.

21         (A)  In the event that the provisions of the federal

22  Internal Revenue Code operate to limit the benefit amount that

23  the member or the member's survivors would otherwise be

24  eligible to receive pursuant to the City of Tampa Firefighters

25  and Police Officers Pension Contract, then the member or the

26  member's survivors shall not receive from the City Pension

27  Fund for Firefighters and Police Officers in the City of Tampa

28  retirement benefits in an amount in excess of the limits

29  provided by the federal Internal Revenue Code or in an amount

30  that would cause the City Pension Fund for Firefighters and

31


                                  19

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




    ENROLLED

    1998 Legislature                      HB 4307, First Engrossed



  1  Police Officers in the City of Tampa to lose its federal

  2  income tax exempt status.

  3         (B)  In order to maintain the tax exempt status of the

  4  City Pension Fund for Firefighters and Police Officers in the

  5  City of Tampa, said pension fund shall not be required to pay

  6  benefits in excess of the appropriate limits established by

  7  Section 415 of the Internal Revenue Code (26 USC Section 415),

  8  nor shall said pension fund be required to pay any benefits

  9  which would jeopardize its tax exempt status.

10         (C)  Should the benefits otherwise payable pursuant to

11  the City of Tampa Firefighters and Police Officers Pension

12  Contract by the City Pension Fund for Firefighters and Police

13  Officers in the City of Tampa be limited pursuant to Section

14  415 of the Internal Revenue Code, then the City of Tampa shall

15  provide for payment of those benefits in excess of the limits

16  in Section 415 of the Internal Revenue Code.

17         (D)  Notwithstanding any other provision of this

18  pension contract to the contrary, any provision of this

19  pension contract shall be construed and administered in such

20  manner that this Pension Fund will qualify as a qualified

21  governmental pension plan under existing or hereafter enacted

22  provisions of the Internal Revenue Code of the United States,

23  and the Board of Trustees may adopt any rule necessary to

24  retain tax qualification, which rules shall have the force of

25  law and shall be considered part of this pension contract.

26         Section 8.  If the City of Tampa enters into

27  supplemental pension contracts as provided in Section 5 of

28  this act, each retired firefighter and retired police officer

29  who is living on the date this act becomes a law and each

30  qualifying surviving spouse, who is living on the date this

31  act becomes a law, is entitled to receive the same benefits


                                  20

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




    ENROLLED

    1998 Legislature                      HB 4307, First Engrossed



  1  from the 13th check account upon the same basis as if the

  2  member's contract had been supplemented in the manner provided

  3  by Section 5 of this act before the member's separation from

  4  service; provided however said retired firefighter, retired

  5  police officer and eligible surviving spouse as a condition of

  6  participation in the 13th check program shall be subject to

  7  the provisions of Section 24 of the pension contract as

  8  provided for in Section 7.

  9         Section 9.  The City of Tampa Firefighters and Police

10  Officers Pension Contract as prescribed by Section 28-17 of

11  the City of Tampa Code [Ordinance No. 4746-A, enacted

12  September 30, 1969], as amended by Section 28-19 of the City

13  of Tampa Code [Ordinance No. 6038-A, enacted September 17,

14  1974], pursuant to chapter 74-613, Laws of Florida; as further

15  amended by Ordinance No. 89-314, enacted December 21, 1989,

16  and approved, ratified, validated, and confirmed by chapter

17  90-391, Laws of Florida; and as further amended by chapter

18  94-463, Laws of Florida, is in all other respects approved,

19  ratified, validated, and confirmed.

20         Section 10.  The benefits provided for herein by

21  Sections 1, 3, 4, and 5 and the changes to the pension

22  contract provided for herein by Sections 1, 3, 4, 5, 6, and 7

23  for active and contributing members on the date this act

24  becomes a law shall be made available in one supplemental

25  pension contract, and a member shall not be permitted to

26  select some of said benefits and reject others of said

27  benefits. Any active or contributing member on the date this

28  act becomes a law who fails to sign said supplemental pension

29  contract before October 1, 1998, or within 90 days of

30  ratification of any respective collective bargaining

31  agreement, whichever is later, shall be forever barred from


                                  21

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




    ENROLLED

    1998 Legislature                      HB 4307, First Engrossed



  1  receiving said benefits and shall not be required to make any

  2  contributions required as a result of such benefits. However,

  3  any person who becomes a member of the City Pension Fund for

  4  Firefighters and Police Officers in the City of Tampa on or

  5  after the date this act becomes a law, shall be required as a

  6  condition of membership into said pension fund to sign a

  7  pension contract which includes the provisions of Sections 1,

  8  3, 4, 5, 6, and 7, and shall be required to make the

  9  contributions required as a result of such benefits.

10         Section 11.  This act is only an enabling act, and the

11  execution by the City of Tampa of the aforesaid supplemental

12  contract and entitlement to the pension benefits referred to

13  in Sections 1, 3, 4, and 5 for all firefighters regardless of

14  whether or not in the certified bargaining unit is contingent

15  upon contractual agreement through the collective bargaining

16  process between the City of Tampa and the certified bargaining

17  agent for firefighters and for all police officers regardless

18  of whether or not in the certified bargaining unit is

19  contingent upon contractual agreement through the collective

20  bargaining process between the City of Tampa and the certified

21  bargaining agent for police officers.

22         Section 12.  Notwithstanding the provisions of Section

23  5, the initial distribution of the 13th check shall be payable

24  within 30 days of receipt of a favorable determination letter

25  from the Internal Revenue Service that the 13th check program

26  does not adversely impact the tax qualification of the plan,

27  but no earlier than January 1999.

28         Section 13.  This act shall take effect upon becoming a

29  law.

30

31


                                  22