House Bill 1607
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Florida House of Representatives - 1999 HB 1607
By Representatives Starks, Brummer, Sublette, Feeney,
Johnson and Posey
1 A bill to be entitled
2 An act relating to the City of Orlando, Orange
3 County, relating to the pension fund of the
4 fire department of the city; amending chapter
5 23444, Laws of Florida, 1945, as amended;
6 expanding the definition of issue and child to
7 include full-time students under the age of 26
8 and physically and/or mentally handicapped
9 children regardless of age with the additional
10 cost thereof being borne by the members;
11 providing benefits to dependent parents, to
12 allow for multiple designated beneficiaries and
13 providing for the return of deductions to the
14 estate of a deceased member without
15 beneficiaries with the additional actuarial
16 cost thereof being borne by the members;
17 providing an additional cost-of-living increase
18 for members and beneficiaries with the
19 additional actuarial cost thereof being borne
20 by the members; providing for a deferred
21 retirement option plan as an improvement to
22 present pension benefits with the additional
23 cost thereof being borne by the members;
24 providing for employer pick up of member
25 contributions; providing an effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
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29 Section 1. Section 2 of chapter 23444, Laws of
30 Florida, 1945, as amended, by chapter 72-573, Laws of Florida,
31 is amended to read:
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1 Section 2. (1) Members of said Fire Department shall
2 be construed as including all officers and firefighters
3 firemen and firewomen regularly employed in said department,
4 and whose employment shall be regular and continuous and not
5 of a temporary character, provided, however, the secretaries,
6 stenographers, and switchboard operators shall not be covered
7 by the provisions of this act. For the purposes of this act
8 the term "widow" shall include widower; reference to the
9 masculine pronoun shall include the feminine and vice versa;
10 the term "issue" shall include a member's natural and adopted
11 children as well as children in gestation.
12 (2) After the effective date of this act, and
13 notwithstanding anything to the contrary in this act or this
14 plan, and further notwithstanding any requirement of the act
15 or the plan that a child or issue be under the age of 18, the
16 term "issue" or "child" shall include: children that are
17 full-time students under the age of 26; and, physically and/or
18 mentally handicapped children for their natural lives. A
19 physically and/or mentally handicapped child includes children
20 primarily dependent upon the member or retiree due to a mental
21 or physical condition which requires, or otherwise would have
22 required, the member or retiree to provide primary support.
23 Any actuarially determined additional cost resulting from
24 including full-time students and handicapped children within
25 the definition of issue shall be borne by the members of the
26 firefighters pension plan.
27 Section 3. Section 13 of chapter 23444, Laws of
28 Florida, 1945, as amended, by chapter 74-556, Laws of Florida,
29 is amended to read:
30 Section 13. (1) If a deceased member of the said fire
31 department, active or retired, shall leave no spouse widow
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1 surviving him or her and shall not leave surviving him or her
2 a child or children in being and his or her issue and under
3 the age of 18 eighteen (18) years, but shall leave a parent or
4 parents mother surviving him or her who are is entirely
5 dependent upon said member for support, his or her parent or
6 parents mother shall receive the same pension to which his or
7 her spouse widow would have been entitled, unless and until
8 such parent or parents become mother becomes self-supporting
9 or remarries. In the event the parents are no longer married,
10 the pension shall be divided and paid, on a per capita basis,
11 to each parent; should one parent become self-supporting,
12 remarry, or die, the entire amount of the pension shall be
13 paid to the other parent.
14 (2) If said deceased member shall not have received
15 any moneys monies under section 12 or section 18 of this
16 pension act, as amended, and shall leave no surviving widow or
17 widower, child under the age of 18 eighteen (18) years or
18 dependent parent or parents mother, then one-half (1/2) of the
19 amount that has been deducted from said member's salary under
20 this act up to the effective date of section 3 of chapter
21 72-633, Laws of Florida, Special Acts of 1972 and all of said
22 deductions made thereafter shall be paid that the certain
23 individual or individuals who has been previously designated
24 by said deceased member. Such designation shall be in writing
25 and shall be filed with the secretary of the pension board; it
26 shall designate a choice of one or more persons, named
27 sequentially or jointly as beneficiaries in the event of the
28 member or retiree's death; said designations may be revoked by
29 the member or retiree filing a new written designation with
30 the secretary of the pension board. indicate only one (1)
31 individual but shall be changed upon the written request of
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1 the member. In the event the deceased member shall not have
2 designated an individual or individuals to receive the
3 aforesaid deductions, or in the event the said designated
4 individual or individuals shall predecease said member or
5 shall die within 30 thirty (30) days of the date of death of
6 the said member, then the aforesaid deductions shall be paid
7 to the deceased member's estate. remain with and become the
8 property of the pension fund and any others claiming by,
9 through, under of against said member or designated individual
10 shall have no rights under this act.
11 (3) Any actuarially determined additional cost
12 resulting from amendments to this section extending benefits
13 to dependent parents in subsection (1) and providing for
14 multiple beneficiaries and deductions paid to the estate in
15 the absence of designated beneficiaries in subsection (2),
16 shall be borne by the members of the firefighters' pension
17 plan.
18 Section 4. Section 19 of chapter 23444, Laws of
19 Florida, as created by chapter 88-518, Laws of Florida, is
20 amended to read:
21 Section 19. (1) After the effective date of this act,
22 Any member of the Orlando Fire Department who, on or after
23 July 7, 1988, and prior to the effective date of this act,
24 retired retires prior to age 62 with 25 or more years of
25 credited service shall receive a triennial cost-of-living
26 increase of 5 percent compound starting 3 years after
27 retirement and ending with the last triennial anniversary of
28 retirement prior to age 65. Any actuarially determined
29 additional cost resulting from this additional benefit shall
30 be borne by the members of the firefighters pension plan.
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1 (2) On or after the effective date of this act, any
2 member of the Orlando Fire Department who retires, or in the
3 event of his death, his beneficiaries, shall receive an annual
4 cost-of-living increase of 2 percent compound starting on the
5 first anniversary of the receipt of benefits under this plan
6 and on each subsequent anniversary date of the receipt of
7 benefits under this plan. The anniversary date for
8 beneficiaries receiving a pension as a result of the death of
9 a retiree who was receiving a benefit at the time of his death
10 shall be the date on which the retiree began to receive his
11 pension. The benefit provided for in subsection (1), with the
12 additional cost thereof being borne by the members, shall not
13 become effective and shall be of no force and effect unless
14 and until approved by a majority of the members of the
15 firefighters pension plan at an election conducted by the
16 Orlando Firefighters Pension Board within 90 days after the
17 effective date of this act.
18 (3) Any actuarially determined additional cost
19 resulting from the benefits in this section shall be borne by
20 members of the firefighters' pension plan.
21 Section 5. A new section 21 is added to chapter 23444,
22 Laws of Florida, as amended, to read:
23 Section 21. (1) DEFERRED RETIREMENT OPTION PLAN.--The
24 Deferred Retirement Option Plan, hereinafter referred to as
25 the DROP, allows any member who has elected to participate in
26 the DROP, hereinafter referred to as a DROP participant, to
27 receive a lump-sum payment, or other payment, in addition to a
28 monthly pension, upon termination of employment. No benefits
29 shall be paid under this section unless the DROP participant
30 has terminated employment.
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1 (2) DROP ELIGIBILITY.--Any member may elect to
2 participate in the DROP following the date upon which the
3 member first becomes eligible for a monthly pension as
4 provided for in section 12, hereinafter referred to in this
5 section as a "service retirement pension." A member may
6 participate in the DROP only once.
7 (3) DROP PARTICIPATION.--
8 (a) An eligible member may participate in the DROP for
9 a period not to exceed a maximum of 36 months.
10 Notwithstanding, DROP participation may not continue beyond
11 the date when the member's combined years of credited service
12 and time in the DROP equals 360 months, except for those
13 member's entering the DROP in the window period set forth in
14 subsection (13).
15 (b) A member may apply to participate in the DROP by
16 submitting an application to the board of trustees, which
17 shall include the following:
18 1. A written election to participate in the DROP.
19 2. Selection of the DROP participation and termination
20 dates, that satisfy the limitation stated in subsection (2)
21 and paragraph (a). Such termination date shall be in a binding
22 letter of resignation with the city, establishing a deferred
23 termination date.
24 3. A properly completed DROP application for a service
25 retirement pension.
26 4. A properly completed designation of named
27 beneficiaries in the event the member dies while participating
28 in the DROP.
29 5. Any other information as may be required by the
30 board of trustees.
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1 (c) A DROP participant may increase or decrease the
2 original DROP participation period subject to the maximum
3 limitation stated in paragraph (a). A 30-day written notice to
4 the board of trustees is required for this election.
5 (d) The DROP participant shall be a retiree under the
6 provisions of the pension plan. However, participation in the
7 DROP does not alter the DROP participant's employment status
8 and such DROP participant shall not terminate employment until
9 the DROP participant's deferred resignation is effective and
10 separation from employment occurs.
11 (e) A DROP participant shall not accrue additional
12 credited service under the pension plan after the effective
13 date of DROP participation, except as provided for in
14 paragraph (10)(d) and subsection (12).
15 (4) BENEFITS PAYABLE UNDER THE DROP.--
16 (a) Effective with the date of DROP participation, the
17 DROP participant's initial monthly service retirement pension,
18 including credited service and average monthly salary, shall
19 be determined and fixed. Such service retirement pension,
20 together with annual cost-of-living adjustments thereto, and
21 earnings shall be credited to the DROP participant's DROP
22 account no less than monthly. Such earnings shall be credited
23 as provided in subsection (7).
24 (b) The effective date of DROP participation for a
25 participant who has elected to receive benefits under the
26 pension plan shall be the first day of the month selected by
27 the member to begin retirement under the pension plan and
28 participation in the DROP.
29 (c) The service retirement pension and earnings
30 thereon shall be credited to the DROP participant's DROP
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1 account periodically, as pension benefit payments would have
2 otherwise been made.
3 (5) DROP TYPES.--A member eligible for a service
4 retirement pension may elect a Forward DROP, a Back DROP, or a
5 Combined DROP.
6 (a) Forward DROP.--Under a Forward DROP a member may
7 retire, deferring receipt of the service retirement pension
8 while continuing employment with the city. In that case, the
9 deferred monthly service retirement pension shall be credited
10 to the DROP participant's DROP account on behalf of the DROP
11 participant, as provided in subsection (4), for the specified
12 period of the DROP participation, as provided in subsection
13 (3). Upon termination of employment, the DROP participant
14 shall receive the balance of his DROP account and begin to
15 receive the monthly service retirement pension.
16 1. A DROP participant remains an employee and receives
17 all the benefits of being an employee during the DROP
18 participation period. A DROP participant shall be subject to
19 termination of employment during the DROP participation period
20 to the same extent as he was prior to participating in the
21 DROP.
22 2. Effective with the start date of a DROP
23 participant's Forward DROP participation, a member's
24 contribution and the normal cost contribution to the pension
25 fund by the city, on behalf of the member, shall cease.
26 (b) Back DROP.--Under a Back DROP a member may retire
27 with a retroactive date of retirement. A member may not
28 select a retroactive retirement date earlier than the date
29 upon which the member first became eligible for a service
30 retirement pension, and in no event shall the retroactive date
31 of retirement be more than 36 months prior to the date of Back
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1 DROP election. The monthly service retirement pension shall
2 be determined as of the retroactive retirement date. The
3 member shall then be credited with an account balance in his
4 DROP account that is equal to the account balance he would
5 have had if he had timely elected a Forward DROP under
6 paragraph (a) on the retroactive retirement date. Upon
7 termination of employment the DROP participant shall receive
8 the balance of his DROP account and shall begin to receive the
9 monthly service retirement pension adjusted to reflect the
10 retroactive retirement date.
11 (c) Combined DROP.--Under a Combined DROP a member may
12 elect a Back DROP for a period of less than 36 months and a
13 consecutive Forward DROP period, provided the sum of the Back
14 DROP and Forward DROP periods does not exceed 36 months. The
15 Back DROP portion of the Combined DROP shall be calculated as
16 set forth in paragraph (b), and the Forward DROP portion shall
17 be calculated as set forth in paragraph (a). Upon termination
18 of employment, the DROP participant shall receive the balance
19 of his DROP account and shall begin to receive the monthly
20 service retirement pension adjusted to reflect the retroactive
21 retirement date.
22 (6) DROP ACCOUNTS.--
23 (a) Individual DROP accounts shall be established to
24 account for each DROP participant's accrued DROP benefits, but
25 there shall be no segregation of funds for any DROP
26 participant. The accounting shall record the credited monthly
27 service retirement pension, as determined in subsection (5),
28 including cost-of-living increases, as provided for in section
29 19(2). In the case of a Back DROP, the amount of a member's
30 contributions made during the Back DROP period shall be
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1 credited to the DROP participant's DROP account. The DROP
2 account shall be adjusted as provided in subsection (7).
3 (b) Upon request, the board of trustees shall provide
4 to any member information showing the full value of any
5 anticipated DROP benefits, as well as how same would be
6 calculated, in the event such DROP is elected.
7 (7) DROP BENEFITS EARNINGS AND REPORTING.--
8 (a) A DROP participant's DROP account shall accrue
9 earnings at the actual rate of investment return realized by
10 the pension fund and with the same frequency.
11 (b) A DROP account shall be adjusted to reflect
12 earnings until such time as the DROP account is distributed in
13 full to the DROP participant or his beneficiaries.
14 (c) The board of trustees shall report to each DROP
15 participant at least annually, or upon request of the DROP
16 participant, accrued DROP benefits in his DROP account; the
17 report shall also reflect investment performance,
18 contributions, and any other items that materially affected
19 the DROP benefit.
20 (8) COST-OF-LIVING ADJUSTMENT.--A DROP participant's
21 monthly service retirement pension shall be increased as
22 provided for in section 19(2).
23 (9) BENEFITS PAYABLE UPON TERMINATION OF DROP.--Upon
24 the DROP participant's termination of employment, for any
25 reason, whether by resignation, discharge, disability, or
26 death, the monthly service retirement pension and the balance
27 of the DROP account shall be paid to the DROP participant, or
28 if deceased, the DROP participant's beneficiaries, as provided
29 herein.
30 (10) PAYMENT CONDITIONS AND OPTIONS.--Upon the DROP
31 participant's termination of employment, for any reason,
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1 whether by resignation, discharge, disability, or death, the
2 board of trustees shall distribute the balance of DROP
3 participant's DROP account, subject to the following
4 provisions:
5 (a) The board of trustees shall receive verification
6 from the city that such DROP participant has terminated
7 employment.
8 (b) Following the termination of employment, the DROP
9 participant, or if deceased, such DROP participant's
10 beneficiaries, shall elect on forms provided by the board of
11 trustees to receive payment of the balance of the DROP account
12 in accordance with one of the options listed below. For a
13 DROP participant or beneficiaries who fail to elect a method
14 of payment within 60 days of termination of the DROP, the
15 board of trustees shall pay the balance of the DROP account in
16 one lump sum as provided in subparagraph 1.
17 1. Lump sum.--The balance of the DROP account, less
18 taxes remitted to the Internal Revenue Service, if any, shall
19 be paid to the DROP participant or beneficiaries.
20 2. Direct rollover.--The balance of the DROP account
21 shall be paid directly to the custodian of an eligible
22 retirement plan as defined in s. 402(c)(8)(B) of the Internal
23 Revenue Code. However, in the case of an eligible rollover
24 distribution to the widow or widower as a beneficiary, an
25 eligible retirement plan is an individual retirement account
26 or an individual retirement annuity as described in s.
27 402(c)(9) of the Internal Revenue Code.
28 3. Partial lump sum.--A portion of the balance of the
29 DROP account shall be paid to the DROP participant or
30 beneficiaries, less taxes remitted to the Internal Revenue
31 Service, if any, and the remaining balance of the DROP account
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1 shall be transferred directly to the custodian of an eligible
2 retirement plan as defined in s. 402(c)(8)(B) of the Internal
3 Revenue Code. However, in the case of an eligible rollover
4 distribution to the widow or widower as a beneficiary, an
5 eligible retirement plan is an individual retirement account
6 or an individual retirement annuity as described in s.
7 402(c)(9) of the Internal Revenue Code. The proportions shall
8 be specified by the DROP participant or beneficiaries.
9 4. Other methods.--The balance of the DROP account
10 shall be paid by a method that is in compliance with the
11 Internal Revenue Code and as adopted by the board of trustees.
12 (c) The form of payment selected by the DROP
13 participant or beneficiaries complies with the minimum
14 distribution requirements of the Internal Revenue Code.
15 (d) A DROP participant who fails to terminate
16 employment shall be deemed not to be retired and the DROP
17 election shall be null and void. Pension plan membership shall
18 be reestablished retroactively to the date of the commencement
19 of the DROP. As provided for in subparagraph (5)(a)2., city
20 and member contributions shall cease during a Forward DROP
21 participation period, the city and the member shall pay into
22 the pension fund those contributions that would have been
23 required during the period the member participated in a
24 Forward DROP or the Forward DROP portion of a Combined DROP,
25 plus the actual rate of investment return realized by the
26 pension fund during said period; such payment by the member
27 shall be a condition for the subsequent receipt of any benefit
28 under the pension plan. Such DROP participant shall be
29 prohibited from again electing participation in the DROP, as
30 provided for in subsection (2).
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1 (11) RETIREE HEALTH INSURANCE SUBSIDY.--A DROP
2 participant is not eligible to apply for the retiree health
3 insurance subsidy payment until such participant has
4 terminated employment and participation in the DROP.
5 (12) DISABILITY.--In the event a DROP participant
6 shall become permanently and totally disabled during the DROP
7 participation period, said DROP participant may apply for a
8 disability pension as provided for in section 7 or section 9,
9 as applicable. In the event a disability pension is granted,
10 the DROP participant's election shall be null and void.
11 Pension plan membership shall be reestablished retroactively
12 to the date of the commencement of the DROP. As provided for
13 in subparagraph (5)(a)2., city and member contributions shall
14 cease during a Forward DROP participation period, the city and
15 the member shall pay into the pension fund those contributions
16 that would have been required during the period the member
17 participated in a Forward DROP or the Forward DROP portion of
18 a Combined DROP, plus the actual rate of investment return
19 realized by the pension fund during said period; such payment
20 by the member shall be a condition for receiving the
21 disability pension. Such DROP participant shall be prohibited
22 from again electing participation in the DROP, as provided for
23 in subsection (2).
24 (13) ELIGIBILITY EXCEPTIONS.--
25 (a) A one-time window period shall occur for 60 days
26 from the effective date of the DROP as provided in subsection
27 (17).
28 (b) During the window period and subject to the other
29 eligibility conditions expressed herein, a member with more
30 than 324 months of credited service may elect to enter the
31 DROP and not be subject to the combined years of credited
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1 service and DROP participation limitation of 360 months. Said
2 member is subject to the maximum DROP participation period of
3 36 months.
4 (c) A member with more than 324 months of credited
5 service as of the effective date of DROP who does not elect to
6 participate in the DROP, as set forth above, during this
7 one-time window period shall forfeit the right to deviate from
8 the conditions for participation in the DROP set forth in
9 subsection (3).
10 (14) DEATH OF A DROP PARTICIPANT.--
11 (a) Upon the death of a DROP participant, the named
12 DROP beneficiaries shall be entitled to apply for and receive
13 the balance of the DROP participant's DROP account as provided
14 in subsections (9) and (10). DROP payments to a beneficiary
15 shall be in addition to any other retirement benefits payable
16 to the beneficiary.
17 (b) The monthly service retirement pension accrued to
18 the DROP account during the month of the DROP participant's
19 death shall be the final monthly service retirement pension
20 benefit credited for such DROP participant.
21 (c) Eligibility to participate in the DROP terminates
22 upon death of the DROP participant. If the DROP participant
23 dies on or after the effective date of enrollment in the DROP,
24 but prior to the first monthly service retirement pension
25 benefit being credited to the DROP, pension plan benefits
26 shall be paid in accordance with applicable provisions of this
27 pension plan.
28 (d) A DROP participant's beneficiaries shall not be
29 eligible to receive survivor benefits as provided in sections
30 8 and 10.
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1 (15) A DROP participant shall not be deemed to have
2 been reemployed after retirement as that term is used
3 elsewhere in the plan.
4 (16) Any actuarially determined additional cost
5 resulting from the benefits in this section shall be borne by
6 the members of the pension plan. Further, the members of the
7 pension plan will pay annually any actuarially determined
8 ancillary costs resulting from the benefits in this section.
9 (17) This section shall take effect contingent upon
10 the city or the board of trustees receiving a favorable
11 determination letter and a favorable private letter ruling,
12 hereinafter referred to as favorable letters, from the
13 Internal Revenue Service. The city or the board of trustees
14 shall request from the Internal Revenue Service, within 90
15 days of the passage of this act:
16 (a) A written determination letter stating that the
17 pension plan, as amended to include the DROP, continues to be
18 a qualified pension plan; and
19 (b) A private letter ruling stating:
20 1. That the pension plan, as amended to include the
21 DROP, is not a "defined contribution plan" as defined in ss.
22 414(i) and 415(k)(1) of the Internal Revenue Code, is not
23 subject to the separate limitations contained within s. 415(c)
24 and (e) of the Internal Revenue Code, and is not a "hybrid
25 plan" as defined in s. 414(k) of the Internal Revenue Code;
26 2. That the pension plan, as amended to include the
27 DROP, is not a "cash or deferred arrangement" within the
28 meaning of s. 401(k) of the Internal Revenue Code; and
29 3. That the monthly retirement benefits paid into the
30 DROP are not deemed to be constructive receipt of income under
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1 s. 402(a) of the Internal Revenue Code and shall not be
2 taxable until actual distribution to the retiree.
3 (c) In the event favorable letters are not received,
4 this section shall not take effect.
5 Section 6. Section 22 of chapter 23444, Laws of
6 Florida, 1945, as amended, is amended to read:
7 Section 22. Any benefits paid under the provisions of
8 this act for any child shall, except as provided in section
9 2(1), cease when and if such child dies or is, or becomes self
10 supporting, marries or reaches the age of 18 eighteen (18)
11 years.
12 Section 7. A new section 24 is added to chapter 23444,
13 Laws of Florida, 1945, as amended, to read:
14 Section 24. (1) Upon implementation, the city shall,
15 solely for the purpose of compliance with s. 414(h) of the
16 Internal Revenue Code, pick up, for the purposes specified in
17 that section, member contributions required by the act for all
18 salary earned by the member after implementation. Member
19 contributions picked up under the provisions of this section
20 shall be treated as city contributions for purposes of
21 determining income tax obligations under the Internal Revenue
22 Code; however, such picked up member contributions shall be
23 included in the determination of the member's gross annual
24 salary for all other purposes under federal and state laws.
25 (2) Members' contributions picked up under this
26 section shall continue to be designated member contributions
27 for all purposes of the act and shall be considered as part of
28 the member's salary for purposes of determining the amount of
29 the member's contributions. The provisions of this section
30 are mandatory, and the member shall have no option concerning
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1 the pick up or to receive the contributed amounts directly
2 instead of having them paid by the city to the pension fund.
3 (3) Implementation occurs upon authorization by the
4 board of trustees following receipt of a favorable letter of
5 determination as to the qualified plan status of the fund. In
6 no event may implementation occur other than at the beginning
7 of a pay period.
8 Section 8. This act shall take effect upon becoming a
9 law.
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