House Bill 1589e1

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                                      HB 1589, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to the General Pension and

  3         Retirement Fund of the City of Pensacola,

  4         Escambia County; repealing and replacing

  5         chapter 61-2655, Laws of Florida, as amended;

  6         creating, establishing, and reinstating a

  7         pension fund providing for retirement,

  8         disability, death, and survivor benefits for

  9         the general employees of the City of Pensacola;

10         providing definitions; providing for

11         contributions to the fund by employees of the

12         City of Pensacola; providing for investment of

13         funds held in such retirement fund; providing

14         that this act shall not affect present

15         pensioners; providing for severability;

16         repealing chapter 20061, Laws of Florida, 1939;

17         chapter 27816, Laws of Florida, 1951; chapter

18         29409, Laws of Florida, 1953; chapter 29410,

19         Laws of Florida, 1953; chapter 61-2655, Laws of

20         Florida, and laws or parts of laws in conflict;

21         providing an effective date.

22

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

24

25         Section 1.  The General Pension and Retirement Fund of

26  the City of Pensacola is re-created to read:

27         Section 1.  Establishment of General Pension and

28  Retirement Fund.--

29         (1)  There is hereby created for the general employees

30  of the City of Pensacola, Florida, a fund to be entitled the

31  "General Pension and Retirement Fund" providing for


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                                      HB 1589, First Engrossed/ntc



  1  retirement, disability, and death benefits for such general

  2  employees. The General Pension and Retirement Fund shall be

  3  administered and distributions made therefrom as provided in

  4  this act.

  5         (2)  Irrespective of anything contained herein, as now

  6  expressed or hereafter amended, the General Pension and

  7  Retirement Fund shall be used for the exclusive benefit of the

  8  members of the plan, their dependents, or their beneficiaries

  9  at all times and for the satisfaction of all rights and

10  liabilities with respect to members of the plan, their

11  dependents, or their beneficiaries hereunder and for costs and

12  expenses of operating the fund.

13         (3)  The General Pension and Retirement Fund shall

14  continue to exist exclusively for the purposes provided by

15  this act and related legislation.

16         Section 2.  Definitions.--The words and phrases as used

17  in this act shall have the following meanings unless a

18  different meaning is plainly required by the context:

19         (1)  Act.--The General Pension and Retirement Fund

20  Special Act.

21         (2)  Actuary.--The person, firm, or corporation, one of

22  whose officers shall be a member of the Society of Actuaries

23  and an enrolled actuary, as defined by the Employee Retirement

24  Income Security Act of 1974, authorized by the board of

25  trustees of the fund to render actuarial services to the fund.

26         (3)  Average monthly salary.--One twenty-fourth of the

27  salary of the 2 best years of the last 5 years of credited

28  service prior to retirement or death.

29         (4)  Bank of national repute.--See investment bank of

30  national repute.

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                                      HB 1589, First Engrossed/ntc



  1         (5)  Beneficiary.--Person so designated in writing by a

  2  member of the general pension plan who may become entitled to

  3  receive a refund of contributions made by a member of the

  4  plan.

  5         (6)  Best 2 years.--Two separate periods of 365

  6  consecutive days.

  7         (7)  Board of trustees, the board, or the general

  8  pension board.--The pension board, consisting of six members

  9  as provided in this act.

10         (8)  City.--The City of Pensacola.

11         (9)  City council.--The city council of the City of

12  Pensacola.

13         (10)  Code.--Internal Revenue Code of 1986, as amended.

14         (11)  Credited service years or credited years of

15  service.--A period of service years credited to a member of

16  the plan in which the member has contributed an amount to the

17  General Pension and Retirement Fund, as provided in this act.

18         (12)  Dependent.--The spouse or dependent children

19  under the age of 18 of a member of the plan.

20         (13)  Dependent children.--A son or daughter under 18

21  years of age who is born in wedlock to a member of the plan;

22  and/or a child under 18 years of age adopted by a member of

23  the plan; and/or a child under 18 years of age dependent upon

24  a member of the plan for support whose dependency is proven to

25  the satisfaction of the board or, in the alternative, whose

26  dependency has been established by a final court order.

27         (14)  Disability.--Physical or mental impairment which

28  renders an employee partially and permanently or totally and

29  permanently unable to perform the duties of his or her

30  employment or unable to perform any substantial gainful

31  employment.


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                                      HB 1589, First Engrossed/ntc



  1         (15)  ECUA.--Escambia County Utilities Authority.

  2         (16)  General Pension and Retirement Fund, general

  3  pension plan, or the plan.--The special fund created

  4  exclusively for the purposes provided in this act.

  5         (17)  Investment bank of national repute.--A bank

  6  having trust powers or a trust company which is experienced in

  7  the fiduciary investment of pension funds from more than one

  8  state.

  9         (18)  Line of duty.--Within the scope of employment as

10  an employee of the city during such times as such employee was

11  rendering services to the city.

12         (19)  Major fraction of a year.--For calculation of

13  benefits in this act, 6 months and 1 day.

14         (20)  Member of the plan.--An individual who has been

15  credited with a period of service under the plan and has

16  contributed an amount to the plan, as provided in this act.

17         (21)  Nonemployment.--Any period of time an individual

18  is not employed in any capacity by the City of Pensacola.

19         (22)  Normal retirement and early retirement.--Any

20  retirement not based upon a disability, illness, or injury.

21         (23)  Plan.--The General Pension and Retirement Fund.

22         (24)  Plan administrator.--The Director of Finance of

23  the City of Pensacola.

24         (25)  Pensioner.--A member of the plan who has drawn or

25  is drawing a pension under the provisions of this act.

26         (26)  Permanent full-time employee.--A person employed

27  by the city, working an established work period set forth by

28  city policy, and not employed on a part-time, temporary, or

29  specified timeframe basis.

30         (27)  Refund of contributions.--The distribution of

31  funds contributed by a member of the plan.


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                                      HB 1589, First Engrossed/ntc



  1         (28)  Retiree.--A member of the plan, or a dependent of

  2  a member, who has drawn or is drawing a pension under the

  3  provisions of this act.

  4         (29)  Salary.--The total cash remuneration paid to the

  5  member of the plan by the city for services rendered before

  6  all pretax, salary deferral, or salary reduction contributions

  7  made to the General Pension and Retirement Fund on behalf of

  8  the general pension plan member under section 404(h)(2) of the

  9  Internal Revenue Code and any code section 457 plan and

10  section 125 plan of the city. Unless otherwise provided by the

11  city council, "salary" shall exclude any educational incentive

12  pay, field training pay, certificate pay, specialized duty

13  pay, pistol qualifications pay, clothing allowance, education

14  benefit, accumulated sick leave pay at retirement, accumulated

15  vacation pay at retirement, and any other pay excluded by the

16  city council.

17         (30)  Service under the plan.--A period of service

18  years credited to a member of the plan, during which the

19  member has contributed an amount to the General Pension and

20  Retirement Fund, as provided in this act.

21         (31)  Spouse.--Under the laws of the State of Florida,

22  the legally married husband or wife of the member of the plan.

23         (32)  Surviving spouse.--The legally married husband or

24  wife of a member of the plan who outlives the member of the

25  plan.

26         (33)  Vested member or vesting right.--A member of the

27  plan who has a right, or the right itself, to future pension

28  benefits as provided in this act.

29         Section 3.  Pension board.--

30         (1)  There is hereby created a pension board of the

31  City of Pensacola, consisting of six members.


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                                      HB 1589, First Engrossed/ntc



  1         (a)  Three members shall be residents of Escambia

  2  County who are freeholders of the city and shall be appointed

  3  by the city council for a term of 6 years or until their

  4  successors are appointed and qualified. Each appointment shall

  5  be for a term of 6 years, with one appointment being made

  6  every 2 years, which appointment shall be made not later than

  7  the second regular meeting of the council held in July of each

  8  odd-numbered year hereafter.

  9         (b)  The remaining three members shall consist of the

10  current presiding mayor of the city, or his appointed

11  representative, who shall serve at the pleasure of the mayor,

12  and two active, contributing participants of the General

13  Pension and Retirement Fund, who shall be elected by a

14  plurality vote of active, contributing participants of the

15  fund, said election to be held at the same time as the

16  election of members of the Classified Service Employee

17  Executive Committee of the city. Each elected member shall

18  take office upon election and shall serve for a term of 2

19  years or until the member's successor is elected and

20  qualified. Should a vacancy occur in the position of elected

21  member, the Classified Service Employee Executive Committee

22  shall, within 30 days, appoint a successor to serve for the

23  balance of the term.

24         (2)  The pension board is vested with the

25  responsibility for the administration and proper operation of

26  the fund and for compliance with the provisions of all related

27  laws and regulations.

28         Section 4.  Oath of office; meetings; quorum.--Before

29  entering upon the duties as a member of the pension board,

30  each member shall take and subscribe to the oath of office

31  required by the city charter, which oath shall be filed with


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                                      HB 1589, First Engrossed/ntc



  1  the city clerk. The board shall elect one of its members

  2  chairperson, who shall be a voting member of the board. The

  3  Director of Finance shall serve as plan administrator and

  4  shall be the chief administrative officer of the General

  5  Pension and Retirement Fund and shall keep the minutes of the

  6  board. The board shall meet as often as is necessary, upon the

  7  request of the chairperson or the plan administrator. A

  8  majority of the board shall constitute a quorum for the

  9  transaction of any business.

10         Section 5.  Powers of the board.--The pension board

11  shall have the power and authority to:

12         (1)  Adopt rules and regulations, not inconsistent with

13  the provisions of this act, governing its activities and

14  providing for the certification of the moneys to be paid from

15  the General Pension and Retirement Fund.

16         (2)  Perform all the duties and enjoy all the rights

17  and powers vested by law or ordinance. The city attorney of

18  the city may give advice and legal assistance to the pension

19  board in all matters pertaining to the performance of its

20  duties, whenever requested, and may prosecute and defend all

21  suits which may be instituted by or against the board.

22  However, if in the opinion of the city attorney or in the

23  opinion of the pension board, a conflict of interest exists as

24  to a particular matter, the pension board may, in its

25  discretion, employ independent legal counsel for such

26  purposes, the expense of such employment to be paid from the

27  General Pension and Retirement Fund.

28         (3)  Cause subpoenas to be issued and require the

29  attendance of witnesses and the production of documents for

30  the purpose of determining or redetermining at any time and

31  from time to time the eligibility, right, or entitlement to


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                                      HB 1589, First Engrossed/ntc



  1  any pension, benefit, or other payment provided under this

  2  act.

  3         (4)  Employ its own secretary, clerks, stenographers,

  4  or other personnel as required, who shall be paid such

  5  compensation, from the General Pension and Retirement Fund

  6  only, as fixed by the pension board. Nothing herein shall be

  7  construed to authorize or empower the board to incur such

  8  expense or obligation to be borne by the City of Pensacola.

  9         Section 6.  Reserved.

10         Section 7.  Membership requirements and exclusions.--

11         (1)  All permanent full-time employees of the city

12  automatically become, upon employment, members of the General

13  Pension and Retirement Fund of the city, except that the city

14  may by ordinance amend or revise the foregoing membership

15  criteria in the General Pension and Retirement Fund, provided,

16  however, that in no event shall the following be permitted to

17  participate in the General Pension and Retirement Fund:

18         (a)  Members of the fire department of the city who are

19  eligible to participate under the Firemen's Relief and Pension

20  Fund.

21         (b)  Any officer or employee of the police department

22  hired on or after October 1, 1979, who is eligible to

23  participate in the Police Officers' Retirement Fund of the

24  city.

25         (c)  City fire and police department public safety

26  cadets.

27         (d)  All permanent full-time employees of the city

28  hired prior to October 6, 1997, making an election not to

29  participate in the plan and having continuous service from

30  October 6, 1997, until retirement.

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                                      HB 1589, First Engrossed/ntc



  1         (e)  Any individual who is drawing a normal retirement

  2  or early retirement benefit and who is subsequently reemployed

  3  by the city. Such individual shall not be eligible for current

  4  participation in the plan and shall continue to draw a pension

  5  benefit from the plan.

  6         (f)  Elected officials of the city.

  7         (2)  As a condition of eligibility of such employees to

  8  credit toward future retirement benefits based upon prior

  9  years of service as an employee of the city, there shall be

10  paid to the fund or transferred from qualified plans

11  maintained by the city or other qualified retirement plans an

12  amount determined by the plan administrator to be sufficient

13  to cover such prior years of service at 8 percent interest

14  compounded annually. However, the plan from which such funds

15  are transferred must permit the transfer to be made and the

16  transfer must not jeopardize the tax-exempt status of this

17  plan or create adverse tax consequences for the city.

18         Section 8.  Escambia County Utilities Authority

19  provisions.--

20         (1)  Individuals who transferred to the Escambia County

21  Utilities Authority when established in 1981 and who chose to

22  continue participation in the General Pension and Retirement

23  Fund shall be members of the plan and governed by all

24  provisions of this act. When administering this act on behalf

25  of ECUA members of the plan, the phrase "City of Pensacola"

26  shall be interpreted as ECUA where applicable.

27         (2)  Notwithstanding any provision of this act,

28  disability determinations concerning ECUA employees shall be

29  made by the general pension board, but shall not be effective

30  unless and until the personnel appeals board of ECUA,

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                                      HB 1589, First Engrossed/ntc



  1  utilizing the criteria set forth in section 15, concurs in

  2  such determinations.

  3         (3)  The ECUA, through its proper officers, shall

  4  deduct 5.5 percent from the salary of the members of the plan

  5  and shall pay the same to the General Pension and Retirement

  6  Fund. Such moneys shall be deposited in a special account by

  7  the City of Pensacola to be designated "General Pension and

  8  Retirement Fund," and no employee shall have any right to said

  9  moneys paid into the fund except as otherwise provided in this

10  act.

11         (4)  The ECUA shall make for the ECUA members of the

12  plan a payment of a sum equal to the actuarially required

13  funding amount shown by an annual actuarial valuation, as

14  approved by the general pension board.

15         Section 9.  Multiple plan participant.--If an employee

16  is or has been a participant in one or more defined benefit

17  plans and/or one or more defined contribution plans maintained

18  by the city and participation by such employee, hereinafter

19  referred to as the "multiple plan participant," in such

20  multiple plans will cause, in a particular limitation year,

21  the limitations of the Internal Revenue Code to be violated,

22  the benefit payable under this act shall be reduced to the

23  maximum benefit which may be paid to the multiple plan

24  participant without causing a violation of the code after

25  considering the benefits and contributions for the multiple

26  plan participant under all other plans that must be considered

27  in determining benefits and contributions for purposes of the

28  limitations of the code. Regardless of whether caused by

29  multiple plan participation, the maximum annual benefit

30  payable to a participant under this plan shall not exceed the

31  amount allowable under the code as applied to governmental


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                                      HB 1589, First Engrossed/ntc



  1  plans described in section 414(d) of the code. The effect of

  2  this section shall be to limit the benefits payable under this

  3  act to an amount which does not cause a violation of the code.

  4         Section 10.  Eligible rollover distributions.--

  5         (1)  For distributions made on or after January 1,

  6  1993, notwithstanding any provision of the plan to the

  7  contrary that would otherwise limit a distributee's election

  8  under this section, a distributee may elect, at the time and

  9  in the manner prescribed by rules and regulations of the

10  board, to have any portion of any eligible rollover

11  distribution paid directly to an eligible retirement plan

12  specified by the distributee in a direct rollover.

13         (2)  The following words and phrases, as used in this

14  section, shall have the following meanings unless a different

15  meaning is plainly required by the context:

16         (a)  Eligible rollover distribution.--Any distribution

17  of all or any portion of the balance of the General Pension

18  and Retirement Fund to the credit of the distributee. Eligible

19  rollover distribution, however, does not include:

20         1.  Any distribution that is one of a series of

21  substantially equal periodic payments, not less frequently

22  than annually, made for the life, or life expectancy, of the

23  distributee or the joint lives, or joint life expectancies, of

24  the distributee and the distributee's designated beneficiary,

25  or for a specified period of 10 years or more.

26         2.  Any distribution to the extent required under

27  section 401(a)(9) of the Internal Revenue Code of 1986, as

28  amended.

29         3.  The portion of any distribution that is not

30  includable in gross income of the distributee, such as that

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                                      HB 1589, First Engrossed/ntc



  1  portion of a distribution attributable to employee after-tax

  2  contributions to the plan.

  3         (b)  Eligible retirement plan.--An individual

  4  retirement account described in section 408(a) of the Internal

  5  Revenue Code, an individual retirement annuity described in

  6  section 408(b) of the code, an annuity plan described in

  7  section 403(a) of the code, or a qualified trust described in

  8  section 401(a) of the code that accepts the distributee's

  9  eligible rollover distribution. However, in the case of an

10  eligible rollover distribution to the surviving spouse, an

11  eligible retirement plan is an individual retirement account

12  or individual retirement annuity.

13         (c)  Distributee.--An employee or former employee who

14  receives any distributions from the General Pension and

15  Retirement Fund. In addition, the employee's or former

16  employee's surviving spouse and employee's or former

17  employee's spouse or former spouse who is the alternate payee

18  under a qualified domestic relations order, as defined in

19  section 414(p) of the Internal Revenue Code, are distributees

20  with regard to the interest of the spouse or former spouse.

21         (d)  Direct rollover.--A payment by the plan to the

22  eligible retirement plan specified by the distributee.

23         Section 11.  Designation of employee

24  contributions.--For the purposes of section 414(h) of the

25  Internal Revenue Code, the contributions made by each employee

26  to the General Pension and Retirement Fund shall be designated

27  as "employer contributions." However, such designation is

28  contingent upon the contributions being excluded from the

29  employee's gross income for federal income tax purposes. Such

30  contributions shall, nevertheless, be subject to refund or

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                                      HB 1589, First Engrossed/ntc



  1  return to the employee upon termination of employment, or

  2  otherwise as provided in this act.

  3         Section 12.  Reserved.

  4         Section 13.  Separation from service and

  5  reemployment.--

  6         (1)  Former members of the plan.--Any employee who has

  7  separated from employment with the city for any reason except

  8  normal retirement or early retirement, hereinafter referred to

  9  as "nonemployment," and who withdrew his or her contribution

10  to the plan, shall upon reemployment, if within 10 years after

11  the last separation date, be entitled to buy back his or her

12  prior service years under the plan for the purpose of

13  computing the period of service under the plan. The employee

14  shall not be entitled to buy back periods of nonemployment

15  except as provided by section 14 of this act. If the employee

16  elects to repay the contributions upon reemployment, he or she

17  shall have 6 months from the reemployment date to repay the

18  withdrawn contributions plus 8 percent interest compounded

19  annually from the date of withdrawal.

20         (2)  Former nonmembers of the plan.--Any employee who

21  has separated from employment, hereinafter referred to as

22  "nonemployment," with the city for any reason, who has never

23  been a member of the General Pension and Retirement Fund, and

24  who is reemployed within 10 years after the last separation

25  date may elect to have his or her eligible prior service years

26  added to his or her subsequent service for the purpose of

27  computing the period of service under the plan. The employee

28  shall not be entitled to buy back periods of nonemployment

29  except as provided by section 14 of this act. Service years

30  eligible for another city-defined benefit plan shall not be

31  included in the calculation of the period of service under the


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                                      HB 1589, First Engrossed/ntc



  1  General Pension and Retirement Fund. The employee shall have 6

  2  months from the date of reemployment to pay an amount

  3  determined by the plan administrator to be sufficient to cover

  4  such period of eligible prior service years at 8 percent

  5  interest compounded annually.

  6         (3)  Vested members of the plan.--Any employee who has

  7  separated from employment, hereinafter referred to as

  8  "nonemployment," with the city for any reason, without having

  9  withdrawn his or her contribution to the plan but having a

10  vested right to a benefit as provided by this act, shall upon

11  reemployment be allowed to continue computation of credited

12  years of service by including the vested period. The employee

13  shall not be entitled to buy back periods of nonemployment

14  except as provided by section 14 of this act.

15         (4)  Reemployment after disability.--Any employee who

16  has separated from employment, hereinafter referred to as

17  "nonemployment," with the city and who received a disability

18  pension as provided by this act shall upon reemployment be

19  allowed to continue computation of credited years of service

20  by including all prior credited years of service. The employee

21  shall not be entitled to credit for periods of nonemployment

22  except as provided by section 14 of this act.

23         Section 14.  Military service.--When any provision of

24  law requires that any period of service in the Armed Forces of

25  the United States is deemed continuous service in the

26  employment of the city for purposes of computing credited

27  service under this act, such service shall be so credited.

28  However, if any member of the plan has withdrawn the

29  contributions or any part thereof paid by the member into the

30  fund, the member shall return such moneys to the fund. In

31  addition, such member shall pay into the fund, within the time


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                                      HB 1589, First Engrossed/ntc



  1  required by applicable federal or state law, all contributions

  2  the member would have been required to pay during the term the

  3  member was actively serving in the Armed Forces of the United

  4  States.

  5         Section 15.  Disability.--A pension for injury or

  6  illness, whether incurred in the line of duty or not in the

  7  line of duty, as provided in this act, shall be awarded only

  8  upon determination of the disability. The City of Pensacola

  9  adheres to the Americans with Disabilities Act of 1990 as may

10  be amended, and reasonable accommodation for disabilities

11  shall be evaluated on a case-by-case basis. Application,

12  determinations, awards, and reevaluation of disability

13  pensions shall be governed by the following:

14         (1)  An employee, or the employer on behalf of the

15  employee, must make application for a disability pension,

16  complete with medical and other evidentiary material as

17  prescribed by the board.

18         (2)  Upon receipt of an application for a disability

19  pension, the board shall make a determination of the

20  disability, which determination shall be final. The board may

21  employ the services of one or more independent third-party

22  agents, such as, but not limited to, a physician or a health

23  and disability claims adjusting firm, to evaluate the case and

24  to make a report containing recommended findings and

25  conclusions, which may be approved, disapproved, or modified

26  in the determination of the board.

27         (3)  In the case of determination of disability, the

28  board shall award a disability pension in an amount computed

29  as a percentage equal to the percentage of the employee's

30  disability times the full disability pension award as provided

31  in this act. At any time after an employee is awarded a


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                                      HB 1589, First Engrossed/ntc



  1  disability pension, the City of Pensacola may offer its former

  2  employee employment for which his or her disability does not

  3  prevent performance. At such time as the former employee

  4  returns to active service, or at such time as the former

  5  employee fails to accept said offer of employment, all

  6  disability payments shall cease.

  7         (4)  The board, through its third-party agents, shall

  8  periodically reevaluate disability pensioners to determine if

  9  the condition of the disability persists.

10         (a)  A disabled pensioner's percentage of disability

11  may be reclassified upon reevaluation by the board.

12         (b)  If the pensioner has recovered sufficiently, as

13  determined by the board, so that he or she is no longer

14  disabled, and such determination is made within 1 year after

15  the effective date of the award of the pension, said pensioner

16  shall be reinstated to active service in the same rank he or

17  she occupied prior to the award of the pension. If such

18  determination is made more than 1 year after the effective

19  date of the award of the pension, the pensioner shall be

20  placed on an eligible list to be reinstated to his or her

21  position upon the first vacancy in that position. At such time

22  as a pensioner resumes active service, or at such time as the

23  pensioner fails to accept reinstatement to active service, the

24  payment of pension benefits shall cease.

25         Section 16.  Reserved.

26         Section 17.  Normal retirement with 20 or more years of

27  credited service under the plan.--

28         (1)  All members of the plan who have attained the age

29  of 55 years who have at least 20 credited service years under

30  the plan preceding the date of application for retirement may

31  apply for and be entitled to benefits under the provisions of


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                                      HB 1589, First Engrossed/ntc



  1  this act. In calculating the years of service under the plan,

  2  a major fraction of a year shall be computed as a whole year.

  3         (2)  If any member of the plan has not attained the age

  4  of 55 years after a period of 20 credited service years under

  5  the plan and does not make withdrawal of funds from the

  6  General Pension and Retirement Fund, such employee shall be

  7  eligible to receive a pension after attaining the age of 55

  8  years. Said member of the plan must have a vested right to

  9  said pension. A major fraction of a year of credited service

10  shall be computed as a whole year for the purpose of vesting

11  rights.

12         (3)  For the purpose of determining the monthly pension

13  of an employee:

14         (a)  The General Pension and Retirement Fund of the

15  city shall pay to each member of the plan retired hereafter,

16  whose credited service years under the plan are not less than

17  20 years and who has attained the age of 55 years, a pension

18  which has as its basis for calculation the selection of the

19  best 2 years out of the last 5 years immediately preceding

20  retirement, and thereby arrive at the average monthly salary

21  of such member. Based upon such average monthly salary, a

22  pension shall be paid according to the following table:

23

24         75% upon the first.........................$200

25         50% upon the next..........................$100

26         40% upon all in excess thereof; and

27

28         (b)  Any employee who has attained 20 credited years of

29  service under the plan and who elects to remain employed after

30  reaching 55 years of age shall upon retirement be entitled to

31  all of the rights and benefits provided for in this act, and,


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                                      HB 1589, First Engrossed/ntc



  1  in addition, the monthly pension shall be increased by 1

  2  percent for each year of credited service between the age of

  3  55 years and the actual age of retirement, but not for any

  4  year beyond the age of 70; or

  5         (c)  The monthly pension for a member of the plan who

  6  retires on or after July 1, 1988, shall be equal to 2 percent

  7  of the average monthly salary of the member during the best 2

  8  years out of the last 5 years immediately preceding retirement

  9  times the number of years of credited service under the plan

10  not in excess of 30 credited service years, unless the

11  payments would be greater if calculated by the applicable

12  formulas set forth above in this subsection.

13         (4)  The monthly pension shall in no event be less than

14  $25 for each year of credited service under the plan not in

15  excess of 20 years.

16         Section 18.  Early retirement at 25 years of credited

17  service, having attained the age of 45 years.--

18         (1)(a)  Any member of the plan who has 25 credited

19  service years under the plan prior to attaining the age of 55

20  years may retire at any time after reaching the age of 45

21  years and receive a reduced pension, which shall have as its

22  basis for calculation the selection of the best 2 years out of

23  the last 5 years immediately preceding retirement, and thereby

24  arrive at the average monthly salary of such member. A major

25  fraction of a year of credited service under the plan shall be

26  computed as a whole year. Based upon such average monthly

27  salary, a pension shall be paid according to the following

28  table:

29

30         75% upon the first.........................$200

31         50% upon the next..........................$100


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                                      HB 1589, First Engrossed/ntc



  1         40% upon all in excess thereof; or

  2

  3         (b)  The monthly pension for a member of the plan who

  4  retires on or after July 1, 1988, shall be equal to 2 percent

  5  of the average monthly salary of the member during the best 2

  6  years out of the last 5 years immediately preceding retirement

  7  times the number of years of credited service under the plan

  8  not in excess of 30 years, unless the payments would be

  9  greater if calculated by the formula set forth above.

10         (2)  After said amount has been determined, the sum

11  payable shall be adjusted by the following factors for early

12  retirement as may be applicable to the member's age at the

13  time of retirement:

14

15                       Retirement Factors

16           Age at retirement                Factor

17                55                          1.000

18                54                           .928

19                53                           .856

20                52                           .784

21                51                           .730

22                50                           .676

23                49                           .622

24                48                           .586

25                47                           .550

26                46                           .514

27                45                           .478

28

29         (3)  The monthly pension shall in no event be less than

30  $25 for each year of credited service not in excess of 20

31  years.


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                                      HB 1589, First Engrossed/ntc



  1         Section 19.  Normal retirement with less than 20 years

  2  of credited service under the plan.--After a period of 10

  3  credited years of service under the plan, any member of the

  4  plan not having made withdrawal of funds from the General

  5  Pension and Retirement Fund shall be eligible to receive a

  6  pension upon attaining the age of 60 years. Said member of the

  7  plan shall have a vested right to said pension. However, any

  8  member of the plan leaving employment must have a period of

  9  not less than 10 credited service years under the plan in

10  order to obtain a vested interest and right to pension

11  benefits. A major fraction of a year of credited service shall

12  not be computed as a whole year for the purpose of vesting

13  rights.

14         (1)(a)  The General Pension and Retirement Fund of the

15  city shall pay to those members of the plan with less than 20

16  credited service years under the plan a pension which shall

17  have as its basis for calculation the selection of the best 2

18  years out of the last 5 years immediately preceding

19  retirement, and thereby arrive at the average monthly salary

20  of such member. A major fraction of a year of credited service

21  under the plan shall be computed as a whole year. Based upon

22  such average monthly salary, a pension shall be paid according

23  to the following table:

24

25         75% upon the first.........................$200

26         50% upon the next..........................$100

27         40% upon all in excess thereof; and

28

29         (b)  After said amount has been determined, the sum

30  payable shall be reduced to the percentage set opposite the

31


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                                      HB 1589, First Engrossed/ntc



  1  number of years of credited service shown in the following

  2  schedule:

  3

  4         For 10 years of service.....................60%

  5         For 11 years of service.....................63%

  6         For 12 years of service.....................66%

  7         For 13 years of service.....................69%

  8         For 14 years of service.....................72%

  9         For 15 years of service.....................75%

10         For 16 years of service.....................80%

11         For 17 years of service.....................85%

12         For 18 years of service.....................90%

13         For 19 years of service.....................95%

14

15         (2)  The monthly pension shall in no event be less than

16  $25 for each year of credited service under the plan not in

17  excess of 20 years.

18         Section 20.  Refund of contributions with less than 10

19  credited years of service, except for disability or death in

20  the line of duty.--

21         (1)  In the event any member of the plan with less than

22  10 credited years of service separates from service, except

23  for disability or death in the line of duty, such member or

24  the decedent's dependent or beneficiary shall receive a refund

25  of the member's contributions to the plan.

26         (a)  The maximum amount of a refund of contributions

27  shall equal the amount of contributions by the member of the

28  plan less any amount of pension benefit received by the member

29  of the plan and/or the member's dependents.

30         (b)  Distribution election and distribution of a refund

31  of contributions shall be made within 90 days after


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                                      HB 1589, First Engrossed/ntc



  1  eligibility. If no election is made, distribution shall be in

  2  a lump-sum payment.

  3         (c)  Any refund of the member's contributions under

  4  this act shall be in full satisfaction of any and all claims

  5  by any person against the General Pension and Retirement Fund.

  6         (2)  The service years shall be computed on the basis

  7  of the total credited service years under the plan, either

  8  continuous or by totaling separate or discontinuous periods

  9  for the required total period. A major fraction of a year of

10  credited service shall not be computed as a whole year for the

11  purpose of vesting rights.

12         Section 21.  Disability injury or illness in line of

13  duty.--If any member of the plan, due to injury or illness in

14  the line of duty, makes application for retirement and is

15  entitled to the benefits under this act, the General Pension

16  and Retirement Fund of the city shall pay according to the

17  following schedule:

18         (1)(a)  The General Pension and Retirement Fund of the

19  city shall pay to each member of the plan retired hereafter

20  because of injury or illness in the line of duty, whose period

21  of credited service under the plan is not less than 20 years,

22  a pension which has as its basis for calculation the selection

23  of the best 2 years out of the last 5 years immediately

24  preceding retirement, and thereby arrive at the average

25  monthly salary of such member. Based upon such average monthly

26  salary, a pension shall be paid according to the following

27  table:

28

29         75% upon the first.........................$200

30         50% upon the next..........................$100

31         40% upon all in excess thereof; and


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                                      HB 1589, First Engrossed/ntc



  1

  2         (b)  Any employee who has attained 20 years of credited

  3  service under the plan and who elects to remain employed after

  4  reaching 55 years of age shall upon disability retirement be

  5  entitled to all of the rights and benefits provided for in

  6  this act, and, in addition, the monthly pension shall be

  7  increased by 1 percent for each year of service between the

  8  age of 55 years and the actual age of disability retirement,

  9  but not for any year beyond the age of 70; or

10         (c)  The monthly pension for a member of the plan who

11  retires on or after July 1, 1988, shall be equal to 2 percent

12  of the average monthly salary of the member during the best 2

13  years out of the last 5 years immediately preceding disability

14  retirement times the number of years of credited service under

15  the plan not in excess of 30 years, unless the payments would

16  be greater if calculated by the applicable formulas set forth

17  above in this section.

18         (2)(a)  The General Pension and Retirement Fund of the

19  city shall pay to those members of the plan retired hereafter

20  because of injury or illness in the line of duty, whose period

21  of credited service under the plan is less than 20 years, a

22  pension which has as its basis for calculation the selection

23  of the best 2 years out of the last 5 years immediately

24  preceding retirement, and thereby arrive at the average

25  monthly salary of such member. Based upon such average monthly

26  salary, a pension shall be paid according to the following

27  table:

28

29         75% upon the first.........................$200

30         50% upon the next..........................$100

31         40% upon all in excess thereof; and


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                                      HB 1589, First Engrossed/ntc



  1

  2         (b)  After said amount has been determined, the sum

  3  payable shall be reduced to the percentage set opposite the

  4  number of years of credited service shown in the following

  5  schedule:

  6

  7         For less than 1 year of service.............60%

  8         For 1 year of service.......................62%

  9         For 2 years of service......................64%

10         For 3 years of service......................66%

11         For 4 years of service......................68%

12         For 5 years of service......................70%

13         For 6 years of service......................72%

14         For 7 years of service......................74%

15         For 8 years of service......................76%

16         For 9 years of service......................78%

17         For 10 years of service.....................80%

18         For 11 years of service.....................82%

19         For 12 years of service.....................84%

20         For 13 years of service.....................86%

21         For 14 years of service.....................88%

22         For 15 years of service.....................90%

23         For 16 years of service.....................92%

24         For 17 years of service.....................94%

25         For 18 years of service.....................96%

26         For 19 years of service.....................98%

27

28         (3)  The monthly pension shall in no event be less than

29  $25 for each year of credited service not in excess of 20

30  years.

31


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                                      HB 1589, First Engrossed/ntc



  1         (4)  In computing the number of years of credited

  2  service under the plan, a major fraction of a year shall be

  3  computed as a whole. The disability benefits provided for

  4  herein shall be in addition to any other benefits payable.

  5         (5)  In the event any member of the plan becomes

  6  disabled in the line of duty while employed, such member shall

  7  receive a pension benefit as provided in this section or, upon

  8  request, in lieu of a pension benefit, shall receive a refund

  9  of the member's contributions to the General Pension and

10  Retirement Fund.

11         (a)  The maximum amount of a refund of contributions

12  shall equal the amount of contributions by the member of the

13  plan less any amount of pension benefit received by the member

14  of the plan.

15         (b)  Distribution election and distribution of a refund

16  of contributions shall be made within 90 days after

17  eligibility. If no election is made, distribution shall be in

18  a lump-sum payment.

19         (c)  Any refund of the member's contributions under

20  this act shall be in full satisfaction of any and all claims

21  by any person against the General Pension and Retirement Fund.

22         Section 22.  Death in the line of duty.--In the event

23  any member of the plan dies in the line of duty while

24  employed, the deceased member's dependents or beneficiaries

25  shall be eligible to receive benefits as provided for in

26  sections 21 and 24 of this act.

27         Section 23.  Disability injury or illness not in the

28  line of duty.--If any member of the plan who, due to injuries

29  or illness not in the line of duty, makes application for

30  disability retirement and is entitled to the benefits under

31  this act, the General Pension and Retirement Fund of the City


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                                      HB 1589, First Engrossed/ntc



  1  of Pensacola shall pay according to the following schedule. In

  2  computing the number of years of credited service under the

  3  plan, a major fraction of a year shall be computed as a whole.

  4  The disability benefits provided for shall be in addition to

  5  any other benefits payable.

  6         (1)(a)  The General Pension and Retirement Fund of the

  7  city shall pay to each member of the plan retired hereafter

  8  because of injuries or illness not in the line of duty, whose

  9  period of credited service is not less than 20 years, a

10  pension which has as its basis for calculation the selection

11  of the best 2 years out of the last 5 years immediately

12  preceding retirement, and thereby arrive at the average

13  monthly salary of such member. Based upon such average monthly

14  salary, a pension shall be paid according to the following

15  table:

16

17         75% upon the first.........................$200

18         50% upon the next..........................$100

19         40% upon all in excess thereof; and

20

21         (b)  Any employee who has attained 20 years of credited

22  service under the plan and who elects to remain employed after

23  reaching 55 years of age shall upon retirement be entitled to

24  all of the rights and benefits provided in this act, and, in

25  addition, the monthly pension shall be increased by 1 percent

26  for each year of credited service between the age of 55 years

27  and the actual age of retirement, but not for any year beyond

28  the age of 70; or

29         (c)  The monthly pension for a member of the plan who

30  retires on or after July 1, 1988, shall be equal to 2 percent

31  of the average monthly salary of the member during the best 2


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                                      HB 1589, First Engrossed/ntc



  1  years out of the last 5 years immediately preceding retirement

  2  times the number of years of credited service under the plan

  3  not in excess of 30 years, unless the payments would be

  4  greater if calculated by the applicable formulas set forth

  5  above in this section.

  6         (2)(a)  The General Pension and Retirement Fund of the

  7  city shall pay to those members of the plan retired hereafter

  8  because of injury or illness not in the line of duty, whose

  9  period of credited service under the plan is less than 20

10  years, a pension which has as its basis for calculation the

11  selection of the best 2 years out of the last 5 years

12  immediately preceding retirement, and thereby arrive at the

13  average monthly salary of such member. Based upon such average

14  monthly salary, a pension shall be paid according to the

15  following table:

16

17         75% upon the first.........................$200

18         50% upon the next..........................$100

19         40% upon all in excess thereof; and

20

21         (b)  After said amount has been determined, the sum

22  payable shall be reduced to the percentage set opposite the

23  number of years of credited service shown in the following

24  schedule:

25

26         For 10 years of service.....................60%

27         For 11 years of service.....................63%

28         For 12 years of service.....................66%

29         For 13 years of service.....................69%

30         For 14 years of service.....................72%

31         For 15 years of service.....................75%


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                                      HB 1589, First Engrossed/ntc



  1         For 16 years of service.....................80%

  2         For 17 years of service.....................85%

  3         For 18 years of service.....................90%

  4         For 19 years of service.....................95%

  5

  6         (3)  The monthly pension shall in no event be less than

  7  $25 for each year of credited service under the plan not in

  8  excess of 20 years.

  9         (4)  In the event any member of the plan with less than

10  10 years of credited service under the plan becomes totally or

11  partially disabled not in the line of duty and such member is

12  disabled to such an extent that he or she cannot properly

13  discharge the duties of his or her employment, such member

14  shall receive, in lieu of a pension, a refund of the total

15  amount of his or her contributions to the General Pension and

16  Retirement Fund. A major fraction of a year of credited

17  service shall not be computed as a whole year for the purpose

18  of vesting rights.

19         (a)  The maximum amount of a refund of contributions

20  shall equal the amount of contributions by the member of the

21  plan less any amount of pension benefit received by the member

22  of the plan.

23         (b)  Distribution election and distribution of a refund

24  of contributions shall be made within 90 days after

25  eligibility. If no election is made, distribution shall be in

26  a lump-sum payment.

27         (c)  Any refund of the member's contributions under

28  this act shall be in full satisfaction of any and all claims

29  by any person against the General Pension and Retirement Fund.

30         Section 24.  Other benefit provisions.--

31


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                                      HB 1589, First Engrossed/ntc



  1         (1)  The order of eligibility for a pension benefit or

  2  a refund of contributions under this act shall be first to the

  3  member of the plan, next to dependents if the member of the

  4  plan dies, then to the beneficiaries if there are no eligible

  5  dependents, and finally to the estate of the decedent if a

  6  beneficiary has not been named.

  7         (2)  In the event of the death of an individual

  8  eligible to receive benefits under this act, his or her

  9  dependents or beneficiaries shall become immediately entitled

10  to the benefits herein provided.

11         (a)  Dependents eligible to receive a pension shall be

12  paid in the following order:

13         1.a.  To the surviving spouse, a monthly pension equal

14  to one-twelfth of 80 percent of the annual pension which the

15  deceased pensioner was receiving or to which the decedent

16  would have been entitled in the event of retirement as of the

17  date of death.

18         b.  Effective on or after passage of this act, if the

19  surviving spouse should remarry, the surviving spouse of the

20  deceased member of the plan shall continue to be entitled to

21  the pension benefit provided for herein. Notwithstanding this

22  provision, if a surviving spouse should become a surviving

23  spouse of more than one deceased member of the plan, the

24  surviving spouse shall receive only the greater dependent

25  benefit. In no case shall the surviving spouse receive

26  benefits from more than one deceased member of the plan.

27         2.  If such decedent is not survived by a spouse but

28  has dependent children under the age of 18 years or, if such

29  decedent is survived by a spouse and dependent children under

30  the age of 18 years and the spouse dies before the youngest of

31  said dependent children attains the age of 18 years, the


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                                      HB 1589, First Engrossed/ntc



  1  dependent children of said decedent shall receive an amount

  2  equal to the benefit to which a surviving spouse would have

  3  been entitled under subparagraph 1. in equal shares among the

  4  dependent children and not exceeding in total the surviving

  5  spouse benefit. If any dependent child under this subparagraph

  6  ceases to be eligible for benefits for any reason, the

  7  benefits shall be recalculated to provide for equal shares to

  8  the remaining eligible dependent children.

  9         (b)  A beneficiary shall be entitled only to a refund

10  of the contributions of the deceased member of the plan.

11         1.  The maximum amount of a refund of contributions

12  shall equal the amount of contributions by the member of the

13  plan less any amount of pension benefit received by the member

14  of the plan and/or the member's dependents.

15         2.  Distribution election and distribution of a refund

16  of contributions shall be made within 90 days after

17  eligibility. If no election is made, distribution shall be in

18  a lump-sum payment.

19         3.  Any refund of the member's contributions under this

20  act shall be in full satisfaction of any and all claims by any

21  person against the General Pension and Retirement Fund.

22         (3)  In the event any member of the plan with 10 or

23  more credited service years under the plan dies or otherwise

24  separates from service of the city, such member or the

25  deceased member's dependent shall, upon request, receive a

26  refund of the member's contributions to the General Pension

27  and Retirement Fund in lieu of a pension benefit.

28         (a)  The maximum amount of a refund of contributions

29  shall equal the amount of contributions by the member of the

30  plan less any amount of pension benefit received by the member

31  of the plan and/or the member's dependents.


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                                      HB 1589, First Engrossed/ntc



  1         (b)  Distribution election and distribution of a refund

  2  of contributions shall be made within 90 days after

  3  eligibility. If no election is made, distribution shall be in

  4  a lump-sum payment.

  5         (c)  Any refund of the member's contributions under

  6  this act shall be in full satisfaction of any and all claims

  7  by any person against the General Pension and Retirement Fund.

  8         Section 25.  Misconduct charges; hearings,

  9  forfeiture.--

10         (1)  No member of the plan shall at any time be retired

11  under this or any other section of this act while any charges

12  of misconduct are pending before the civil service board

13  against such member, but such charge shall be heard and

14  determined, and no application for retirement shall be made or

15  acted upon until 30 days subsequent to the final

16  determination.

17         (2)  A member of the plan shall forfeit all benefits

18  provided by this act to the extent provided by the State

19  Constitution and section 112.3173, Florida Statutes.

20         Section 26.  Cost-of-living increases.--A

21  cost-of-living increase in benefits paid pursuant to this act

22  shall be given effective July 1, 1999, and shall be paid

23  biennially thereafter. Each biennial increase shall have an

24  effective date of July 1. All such increases shall be equal

25  to, but no greater than, the increase in the Consumer Price

26  Index (U) (CPI) issued by the United States Department of

27  Labor since the date of the last cost-of-living increase which

28  was granted pursuant to this section, and in no event shall

29  such increase be greater than 3 percent. In the event the

30  United States Department of Labor ceases to issue a CPI (U),

31  the board may utilize a CPI index that is the functional


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                                      HB 1589, First Engrossed/ntc



  1  equivalent. The period to be used for calculation of any CPI

  2  increase shall be April 1 of the last year in which an

  3  increase was given to March 31 of the year in which the

  4  increase is to be given.

  5         Section 27.  Deferred Retirement Option Plan.--The City

  6  of Pensacola, by ordinance, may permit members of the General

  7  Pension and Retirement Fund who are eligible to retire and to

  8  receive retirement benefits to remain in the active service of

  9  the city until a contractually fixed termination date and to

10  have accumulated for the employee's account from the date the

11  contract is made all benefits which the employee would be

12  eligible to begin receiving on that date and to have those

13  accumulated benefits held for the benefit of the employee

14  until the employee separates from active service. Such

15  ordinance may provide for forfeiture of the accumulated

16  benefits or other penalty if the employee does not comply with

17  the contract. However, if the employee complies in all

18  respects with the terms of the contract, the employee shall

19  receive all retirement benefits the employee would be entitled

20  to under this act upon the employee's actual retirement from

21  the active service of the city.

22         Section 28.  Benefits under other statutes to remain

23  unchanged.--Nothing in this act shall operate to increase or

24  diminish or in any way alter the amount of any pension now

25  being paid by the City of Pensacola or any retirement benefits

26  under the provisions of chapter 20061, Laws of Florida, 1939,

27  and chapter 61-2655, Laws of Florida, as amended, or

28  otherwise.

29         Section 29.  General pension benefits to be unaffected

30  by other benefit payments.--If any employee of the City of

31  Pensacola who is participating in the benefits provided by


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                                      HB 1589, First Engrossed/ntc



  1  this act is entitled to any social security benefits and/or

  2  deferred compensation benefits as a city employee, the amount

  3  of such benefits received shall not be deducted from the

  4  amount to which the employee is entitled under the provisions

  5  of this act.

  6         Section 30.  Maximum benefits.--Notwithstanding any

  7  provision of this act, the maximum benefit to be paid to any

  8  member of the plan shall not exceed the limitations, if any,

  9  provided in section 112.65, Florida Statutes.

10         Section 31.  Reserved.

11         Section 32.  Continuance of existing fund sources of

12  revenue.--There is hereby continued in the City of Pensacola

13  the fund heretofore established and known as the General

14  Pension and Retirement Fund, to be maintained in the following

15  manner:

16         (1)  All sums of money now in the existing fund,

17  designated "General Pension and Retirement Fund," shall remain

18  therein.

19         (2)  The City of Pensacola, through its proper

20  officers, shall deduct 5.5 percent from the salary of members

21  of the general pension plan and shall pay the same to the

22  pension board herein created. Such payments shall be deposited

23  in a special account by the City of Pensacola to be designated

24  "General Pension and Retirement Fund," and no employee shall

25  have any right to any moneys paid into the fund except as

26  otherwise provided in this act.

27         (3)  By all gifts, bequests, and devices when donated

28  to said fund and all other sources of income now or hereafter

29  authorized by law for its augmentation.

30         (4)  By all accretions to the fund by way of interest,

31  profit, or otherwise.


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                                      HB 1589, First Engrossed/ntc



  1         (5)  By mandatory payment by the City of Pensacola of a

  2  sum equal to the actuarially required funding amount shown by

  3  an actuary's annual valuation as approved by the general

  4  pension board.

  5         (6)  This provision supersedes the provisions contained

  6  in chapter 18777, Laws of Florida, 1937, as amended, chapter

  7  24804, Laws of Florida, 1947, as amended, or any other

  8  applicable law, and no other revenue or funding source shall

  9  be utilized to maintain the fund other than as is provided for

10  in subsections (1) through (5).

11         Section 33.  Maintenance of sufficient funds to meet

12  liabilities.--It is the duty of the pension board to at all

13  times maintain the general pension fund at an amount

14  sufficient to meet its current liabilities and, should there

15  be an excess, the pension board may request the city council

16  to authorize the abatement of the 5.5 percent employee

17  contributions deducted under subsection (2) of section 32

18  proportionately to such amount as will maintain the fund as

19  nearly as possible without increase or diminution; however,

20  should the current income of the fund become insufficient to

21  meet its current liabilities after the provision has been set

22  apart for accumulations as above specified, the pension board

23  shall so certify to the city manager, and it is the mandatory

24  duty of the city and all of the officers thereof to provide

25  from any source of revenue available, budgeted or unbudgeted,

26  or from any fund, whether earmarked by ordinance or statute

27  for other purposes, except that designated interest and

28  sinking fund, a sufficient sum to meet such current

29  liabilities without default. It is the mandatory duty of the

30  city and its officers to fully fund from any source of revenue

31  available any unfunded actuarially accrued liabilities arising


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                                      HB 1589, First Engrossed/ntc



  1  under the General Pension and Retirement Fund as a result of

  2  pension benefits earned by city employees while actively

  3  employed by the city.

  4         Section 34.  Retiree health insurance premium

  5  assistance.--The General Pension and Retirement Fund shall

  6  provide premium assistance for each covered general retiree

  7  participating in the city group health insurance plan in the

  8  amount of $56 per month. The General Pension and Retirement

  9  Fund shall make payments to the City of Pensacola no less

10  often than monthly to provide such premium assistance. Upon

11  recommendation of the board of trustees, the city council may

12  authorize a change in the monthly premium assistance paid to

13  the City of Pensacola. No later than December 31, 1999, all

14  amounts held in the City of Pensacola's General Pension

15  Medical Account allocated for such premium assistance payments

16  shall be transferred to the General Pension and Retirement

17  Fund.

18         Section 35.  Reserved.

19         Section 36.  Investing funds; custodian of securities,

20  contracts with investment banks.--

21         (1)  The pension board shall have the power and

22  authority to invest and reinvest the assets of the General

23  Pension and Retirement Fund in:

24         (a)  Time or savings accounts of a national bank, a

25  state bank insured by the Federal Deposit Insurance

26  Corporation, or a savings and loan association insured by the

27  Federal Savings and Loan Insurance Corporation.

28         (b)  Obligations of the United States or obligations

29  guaranteed as to principal and interest by the United States.

30         (c)  Obligations of municipal authority issued pursuant

31  to the laws of this state; however, for each of the 5 years


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                                      HB 1589, First Engrossed/ntc



  1  next preceding the date of investment, the income of such

  2  authority available for fixed charges shall have been not less

  3  than 1 1/2 times its average annual fixed-charges requirement

  4  over the life of its obligations.

  5         (d)  Bonds, stocks, or other evidences of indebtedness

  6  issued or guaranteed by a corporation organized under the laws

  7  of the United States, any state or organized territory of the

  8  United States, or the District of Columbia; however, the board

  9  shall not invest more than 5 percent of its assets in the

10  common stock or capital stock of any one issuing company, nor

11  shall the aggregate investment in any one issuing company

12  exceed 5 percent of the outstanding capital stock of the

13  company, nor shall the aggregate market value of the fund's

14  investments in common stocks exceed 75 percent of the assets

15  of the fund, nor shall the aggregate market value of the

16  fund's investments in all corporate securities exceed 80

17  percent of the assets of the fund.

18         (e)  Commingled bank and insurance company temporary

19  investment, stock, and bond funds without regard to the

20  quality restrictions for individual securities contained in

21  paragraph (d).

22         (f)  Commingled bank and insurance company real estate

23  funds up to the maximum of 15 percent of assets at market

24  value. Direct ownership and operation of real estate

25  properties are prohibited.

26         (g)  Guaranteed insurance contracts.

27         (h)  Foreign securities, provided that the aggregate

28  market value of such investments does not exceed 25 percent of

29  the assets of the fund.

30         (2)(a)  The pension board and the City of Pensacola are

31  hereby authorized to contract with one or more investment


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                                      HB 1589, First Engrossed/ntc



  1  banks of national repute to act as agents and corporate

  2  trustees of all or any portion of the assets of the fund. The

  3  investment bank or banks shall have full investment powers

  4  with respect to said assets subject to the provisions of

  5  subsection (1) which limit the types of investments which may

  6  be made, and subject to such further restrictions as may be

  7  imposed by the board.

  8         (b)  The city and the board, for the purpose of

  9  contracting with an investment bank or banks to invest all or

10  any portion of the fund, shall enter into agreements between

11  themselves providing for procedures for selecting, entering

12  into contracts with, and terminating contracts with any such

13  investment bank or banks.

14         (3)  In order to accomplish the purpose outlined in

15  subsection (2), the pension board may direct the plan

16  administrator of the city to act as the board's agent in

17  handling the administrative details concerning contracting

18  with the investment bank; however, the plan administrator or

19  his or her designee shall report the status of the pension

20  funds to the pension board on a quarterly basis or with

21  greater frequency as requested by the board, and the pension

22  board shall review same and give directions to the plan

23  administrator with respect to the continued contract status of

24  the investment bank.

25         Section 37.  Reserved.

26         Section 38.  Reserved.

27         Section 2.  If any section, clause, or portion of this

28  act is for any reason held or declared to be unconstitutional,

29  invalid, inoperative, or void, such unconstitutionality or

30  invalidity shall not affect the remaining provisions of this

31  act, and it shall be construed to have been the legislative


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                                      HB 1589, First Engrossed/ntc



  1  intent to pass this act without such unconstitutional,

  2  invalid, or inoperative portion or portions, and the remaining

  3  provisions of the act shall be deemed valid as if such

  4  excluded portion or portions had not been included therein.

  5         Section 3.  All laws or parts of laws in conflict

  6  herewith are hereby repealed. Chapter 20061, Laws of Florida,

  7  1939, as amended; chapter 27816, Laws of Florida, 1951, as

  8  amended; chapter 29409, Laws of Florida, 1953, as amended;

  9  chapter 29410, Laws of Florida, 1953, as amended; and chapter

10  61-2655, Laws of Florida, as amended, are repealed.

11         Section 4.  This act shall take effect upon becoming a

12  law.

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