House Bill 1623er

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    1999 Legislature                                       HB 1623



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  2         An act relating to the City of West Palm Beach,

  3         Palm Beach County; amending chapter 24981, Laws

  4         of Florida, as amended, relating to the West

  5         Palm Beach Police Pension Fund; revising the

  6         definition of actuarial equivalent value,

  7         actuarial equivalence, and single sum value;

  8         amending provisions for supplemental pension

  9         distributions; revising provisions of the

10         deferred retirement option plan; providing

11         additional exclusion from disability pensions;

12         revising provisions for fund investments;

13         revising provisions of lump-sum payment of

14         small retirement income; providing for

15         rollovers from qualified plans; providing for

16         retroactive effect; providing an effective

17         date.

18

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

20

21         Section 1.  Paragraph (a) of subsection (2) of section

22  16 of chapter 24981, Laws of Florida, 1947, as amended, is

23  amended to read:

24         Section 16.  West Palm Beach Police Pension Fund.--

25         (2)  Definitions.--The following words or phrases, as

26  used in this act, shall have the following meanings, unless a

27  different meaning is clearly indicated by the context:

28         (a)  "Actuarial equivalent value," "actuarial

29  equivalence," or "single sum value" means the stated

30  determination using an interest rate of 7 percent per year and

31  the 1983 1971 Group Annuity Mortality Table for males.


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  1         Section 2.  Effective upon this act becoming a law and

  2  operating retroactively to September 30, 1998, subsection (12)

  3  of section 16 of chapter 24981, Laws of Florida, 1947, as

  4  amended, is amended to read:

  5         Section 16.  West Palm Beach Police Pension Fund.--

  6         (12)  Supplemental pension distribution.--

  7         (a)  The board of trustees shall annually authorize a

  8  supplemental pension distribution, the amount of which shall

  9  be determined as of each September 30. The amount of the

10  distribution shall be equal to the actuarial present value of

11  future pension payments to current pensioners, multiplied by

12  the positive difference, if any, between the rate of

13  investment return (not to exceed 9 percent) and 7 percent plus

14  one-half of any investment earnings over 9 percent. The

15  actuary shall determine whether there may be a supplemental

16  pension distribution based on the following factors:

17         1.  The actuary for the pension fund shall determine

18  the rate of investment return earned on the pension fund

19  assets during the 12-month period ending each September 30

20  30th. The rate determined shall be the rate reported in the

21  most recent actuarial report submitted pursuant to part VII of

22  chapter 112, Florida Statutes.

23         2.  The actuary for the pension fund shall, as of

24  September 30, determine the actuarial present value of future

25  pension payments to current pensioners. The actuarial present

26  values shall be calculated using an interest rate of 7 percent

27  a year compounded annually and a mortality table as approved

28  by the board of trustees and as used in the most recent

29  actuarial report submitted pursuant to part VII of chapter

30  112, Florida Statutes.

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  1         3.  The supplemental pension distribution amount shall

  2  not exceed accumulated net actuarial experience from all

  3  pension liabilities and assets. If the net actuarial

  4  experience is favorable, cumulatively, commencing with the

  5  experience for the year ended September 30, 1991, after offset

  6  for all prior supplemental distributions, the supplemental

  7  distribution may be made. If the net actuarial experience is

  8  unfavorable, cumulatively, commencing with the experience for

  9  the year ended September 30, 1991, after offset for all prior

10  supplemental distributions, no supplemental distribution may

11  be made, and the city must amortize the loss until it is

12  offset by cumulative favorable experience.

13

14  If an actuarial report submitted as provided in this paragraph

15  is not state accepted prior to distribution, and if a

16  deficiency to the pension fund results, the deficiency shall

17  be made up from the next available supplemental pension

18  distribution, unless sooner made up by agreement between the

19  board of trustees and the city. No such deficiency shall be

20  permitted to continue for a period greater than 3 years from

21  the date of payment of the supplemental distribution which

22  resulted in the deficiency.

23         (b)  If the actuary determines there may be a

24  supplemental distribution, the board of trustees shall

25  authorize a "supplemental pension distribution," unless the

26  administrative expenses of distribution exceed the amount

27  available for the distribution.

28         (c)  Eligible persons are:

29         1.  Pensioners.

30         2.  Surviving spouses.

31         3.  Surviving dependent children.


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  1         4.  Pensioners' estates.

  2         (d)  The supplemental pension distribution shall be

  3  allocated among eligible persons, based upon years of service

  4  in the proportion that the eligible person's years of service

  5  bear to the aggregate amount of years of service of all

  6  eligible persons. Allocations for surviving spouses and

  7  surviving dependent children who are eligible to receive

  8  supplemental pension distributions shall be 66 2/3 percent of

  9  the years of service earned by the pensioner. Maximum service

10  credits shall be 25 years. Allocations for duty-disability

11  pensioners shall be based upon 25 years of service.

12  Allocations for duty-death beneficiaries (surviving spouse and

13  surviving dependent children) shall be based upon 66 2/3

14  percent of 25 years of service.

15         (e)  The supplemental pension distribution shall be

16  made as of April 1, 1992, and each April 1 thereafter. Each

17  eligible person shall be paid his or her allocated portion

18  from the preceding September 30. Eligible persons retired for

19  less than 1 year are entitled to a pro rata share of their

20  supplemental pension distribution based on number of months

21  retired. A pensioner's estate is entitled to a pro rata share

22  of the deceased retirant's supplemental pension distribution

23  based on the number of months that the deceased retirant

24  received a pension during the year ending the September 30

25  prior to the retirant's death.

26         Section 3.  Paragraph (a) of subsection 13 of section

27  16 of chapter 24981, Laws of Florida, 1947, as amended, is

28  amended to read:

29         Section 16.  West Palm Beach Police Pension Fund.--

30         (13)  Deferred Retirement Option Plan (DROP).--

31         (a)  Eligibility to participate in the DROP.--


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  1         1.  Any member who is eligible to receive an early or

  2  normal retirement pension and who has either attained age 50,

  3  regardless of credited service, or completed between 25 and 30

  4  years of credited service, may participate in the DROP.

  5  Members shall elect to participate by applying to the board of

  6  trustees on a form provided for that purpose.

  7         2.  Election to participate shall be forfeited if not

  8  exercised within the first 27 years of combined credited

  9  service. However, participation in the first years of

10  enactment will be extended to those members with 28 years of

11  service in 1992.

12         3.  A member shall not participate in the DROP beyond

13  the time of attaining 30 years of service and the total years

14  of participation in the DROP shall not exceed 5 years. For

15  example:

16         a.  Members with 25 years of credited service at time

17  of entry shall only participate for only 5 years.

18         b.  Members with 26 years of credited service at time

19  of entry shall only participate for only 4 years.

20         c.  Members with 27 years of credited service at time

21  of entry shall only participate for only 3 years.

22         4.  Upon a member's election to participate in the

23  DROP, he or she shall cease to be a member and shall no longer

24  accrue any benefits under the pension fund. For all fund

25  purposes, the member becomes a retirant. The amount of

26  credited service and final average salary shall freeze as of

27  the date of entry into the DROP.

28         5.  Notwithstanding any provision of this section to

29  the contrary, the police chief of the department may, at his

30  or her option, extend his or her participation in the DROP

31  beyond 5 years or 30 years of total service. For purposes of


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  1  this subsection, "police chief" means a member who has been

  2  promoted from police officer through the ranks of the

  3  department to the position of police chief. Any such police

  4  chief shall not participate in the DROP beyond the attainment

  5  of 33 years of service, and the total years of participation

  6  in the DROP shall not exceed 8 years.

  7         Section 4.  Paragraph (b) of subsection (16) of section

  8  16 of chapter 24981, Laws of Florida, 1947, as amended, is

  9  amended to read:

10         Section 16.  West Palm Beach Police Pension Fund.--

11         (16)  Conditions applicable to all disability

12  retirants.--

13         (b)  Exclusions from disability pensions.--No

14  disability pension shall be payable, either as a duty

15  disability or as a nonduty disability, if the disability is a

16  result of:

17         1.  Excessive and habitual use by the member of drugs,

18  intoxicants, or narcotics;

19         2.  Injury or disease sustained by the member while

20  willfully and illegally participating in fights, riots, or

21  civil insurrections or while committing a crime;

22         3.  Injury or disease sustained by the member while

23  serving in any armed forces;

24         4.  Injury or disease sustained by the member after his

25  or her employment has terminated;

26         5.  Injury or disease sustained by the member while

27  working for anyone other than the city and arising out of such

28  employment; or.

29         6.  Injury or disease sustained by the member before

30  employment with the city begins. This subparagraph applies

31  only in the event of a duty injury or disease.


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    1999 Legislature                                       HB 1623



  1         Section 5.  Paragraph (b) of subsection (21) of section

  2  16 of chapter 24981, Laws of Florida, 1947, as amended, is

  3  amended to read:

  4         Section 16.  West Palm Beach Police Pension Fund.--

  5         (21)  Investments.--

  6         (b)  Maximum uninvested cash; minimum investment

  7  standards.--No more than 10 percent of the assets of the fund

  8  shall be held in cash or in noninterest-bearing deposits. The

  9  following minimum investment standards shall govern the

10  eligibility for the purchase of securities:

11         1.  All corporate and association securities and mutual

12  funds shall be issued by a corporation or other legal person

13  incorporated or otherwise organized within the United States

14  and domiciled therein except as otherwise permitted by s.

15  185.06, Florida Statutes.

16         2.  Not more than 10 percent of the total fund

17  principal at market value may be invested in any issuing

18  company, other than United States Government or United States

19  Government agency obligations.

20         3.  All bonds, stocks, or other evidence of

21  indebtedness shall be issued or guaranteed by a corporation

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

23  organized territory of the United States, or the District of

24  Columbia, provided further, that the corporation is listed on

25  any one or more of the recognized national stock exchanges

26  and, with regard to bonds only, holds shall hold a rating in

27  one of the three highest classifications by a major rating

28  service. Said bonds and preferred stocks that are convertible

29  into common stocks shall be considered common stocks, and the

30  purchase of same shall be limited by the provisions of

31  subparagraph (a)5.


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  1         4.  The board shall be required to engage the services

  2  of professional investment counsel to assist and advise the

  3  trustees in the performance of their duties.

  4         Section 6.  Subsection (27) of section 16 of chapter

  5  24981, Laws of Florida, 1947, as amended, is amended to read:

  6         Section 16.  West Palm Beach Police Pension Fund.--

  7         (27)  Lump sum payment of small retirement

  8  income.--Notwithstanding any provision of the fund to the

  9  contrary, if the monthly retirement income payable to any

10  person entitled to benefits hereunder is less than $30 or if

11  the single sum value of the accrued retirement income is less

12  than $5,000 $3,500 as of the date of retirement or termination

13  of service, whichever is applicable, the board of trustees, in

14  the exercise of its discretion, may specify that the actuarial

15  equivalent of such retirement income be paid in lump sum.

16         Section 7.  Subsections (31) and (32) of section 16 of

17  chapter 24981, Laws of Florida, 1947, as amended, are

18  renumbered as subsections (32) and (33), respectively, and a

19  new subsection (31) is added to said section to read:

20         Section 16.  West Palm Beach Police Pension Fund.--

21         (31)  Rollovers from qualified plans.--A member may

22  roll over all or a part of his or her interest in another

23  qualified plan to the fund, provided all of the following

24  requirements are met:

25         (a)  Some or all of the amount distributed from the

26  other plan is rolled over to this plan no later than the 60th

27  day after distribution was made from the plan or, if

28  distributions are made in installments, no later than the 60th

29  day after the last distribution was made.

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  1         (b)  The amount rolled over to this fund does not

  2  include any amount contributed by the member to the plan on a

  3  post-tax basis.

  4         (c)  The rollover is made in cash.

  5         (d)  The member certifies that the distribution is

  6  eligible for a rollover.

  7         (e)  Any amount which the trustee accepts as a rollover

  8  to this fund shall, along with any earnings allocated to them,

  9  be fully vested at all times.

10

11  The rollover may also be made to this plan from an individual

12  retirement account qualified under s. 408 of the Internal

13  Revenue Code when the individual retirement account was merely

14  used as a conduit for funds from another qualified plan and

15  the rollover is made in accordance with the rules provided in

16  paragraphs (a)-(e). Amounts rolled over may be segregated from

17  other fund assets. The trustees shall separately account for

18  gains, losses, and administrative expenses of these rollovers

19  as provided for in subsections (11) and (13). In addition, the

20  fund may accept the direct transfer of a member's benefits

21  from another qualified retirement plan. The fund shall account

22  for direct transfers in the same manner as a rollover and

23  shall obtain certification from the member that the amounts

24  are eligible for a rollover or direct transfer to this fund.

25         Section 8.  This act shall take effect October 1, 1999,

26  and shall apply retroactively to October 1, 1998.

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