House Bill 1089

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    Florida House of Representatives - 2000                HB 1089

        By Representative Frankel






  1                      A bill to be entitled

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

  3         Palm Beach County; revising language with

  4         respect to the West Palm Beach Firefighters

  5         Pension Fund; revising the provisions regarding

  6         optional forms of retirement income; revising

  7         the beneficiary provisions; revising the

  8         deferred retirement option plan provisions;

  9         revising the disability provisions; adding a

10         new section regarding penalties for false or

11         misleading statements to obtain benefits;

12         providing an effective date.

13

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

15

16         Section 1.  Subparagraph 1.a. of paragraph (g) and

17  paragraphs (h) and (i) of subsection (5) of section 17 of

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

19  to read:

20         Section 17.  West Palm Beach Firefighters Pension

21  Fund.--

22         (5)  Service pension.--

23         (g)  Optional forms of retirement income.--

24         1.a.  In the event of normal, or early, or disability

25  retirement, in lieu of the normal form of retirement income

26  payable as specified in paragraph (a), paragraph (b), or

27  paragraph (c), or subsection (6), and in lieu of the

28  beneficiary benefits as specified in subsection (7), a member,

29  upon written request to the board and submission of evidence

30  of good health (except that such evidence will not be required

31  if such request is made at least 3 years prior to the date of

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    Florida House of Representatives - 2000                HB 1089

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  1  commencement of retirement income), and subject to the

  2  approval of the board, may elect to receive a retirement

  3  income of equivalent actuarial value payable in accordance

  4  with one of the following options:

  5         (I)  Lifetime option.--A retirement income of a larger

  6  monthly amount, payable to the member for his or her lifetime

  7  only.

  8         (II)  Joint and survivor option.--A retirement income

  9  of a modified monthly amount, payable to the member during the

10  joint lifetime of the member and a dependent joint pensioner

11  designated by the member, and following the death of either of

12  them, 100 percent, 75 percent, 66 2/3 percent, or 50 percent

13  of such monthly amounts, payable to the survivor for the

14  lifetime of the survivor.

15         (h)  Designation of beneficiary.--

16         1.  Each member may, on a form provided for that

17  purpose, signed and filed with the board, designate a

18  beneficiary or beneficiaries to receive the benefit, if any,

19  which may be payable in the event of the member's death; and

20  each designation may be revoked by such member by signing and

21  filing with the board a new designation-of-beneficiary form.

22  However, after the benefits have commenced, a retirant may

23  change his or her designation of joint annuitant or

24  beneficiary only twice. If the said retirant desires to change

25  his or her joint annuitant or beneficiary, the retirant he

26  shall file with the board a notarized notice of such change

27  either by registered letter or on a form as provided by the

28  board. Upon receipt of a completed change of joint annuitant

29  form or such other notice, the board shall adjust the member's

30  monthly benefit by the application of actuarial tables and

31  calculations developed to ensure that the benefit paid is the

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    Florida House of Representatives - 2000                HB 1089

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  1  actuarial equivalent of the present value of the member's

  2  current benefit.

  3         2.  Absence or death of beneficiary.--If a deceased

  4  member fails to name a beneficiary in the manner prescribed in

  5  subparagraph 1., or if the beneficiary or beneficiaries named

  6  by a deceased member predecease the member, the beneficiary

  7  benefits, if any, which may be payable with respect to such

  8  deceased member may be paid, in the discretion of the board,

  9  either to:

10         a.  The spouse or dependent child or children of the

11  member; or

12         b.  The dependent living parent or parents of the

13  member; or.

14         c.  The estate of the member.

15         (i)  Refund of contributions.--In the event a member

16  leaves the employ of the department or dies with less than 10

17  years of credited service, and no service pension, disability

18  pension, or beneficiary benefit is payable, the contributions

19  made by him or her to the fund shall be refunded, without

20  interest (less any disability payments paid to the member), to

21  the member, or, in the event of death, to the beneficiary or

22  to the member's estate.

23         Section 2.  Effective for share account distributions

24  made for calendar year 1998 from chapter moneys received in

25  July 1999, subparagraph 1. of paragraph (k) of subsection (5)

26  of section 17 of chapter 24981, Laws of Florida, 1947, as

27  amended by chapter 99-456, Laws of Florida, is amended to

28  read:

29         Section 17.  West Palm Beach Firefighters Pension

30  Fund.--

31         (5)  Service pension.--

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  1         (k)  Deferred Retirement Option Plan (DROP).--

  2         1.  Eligibility to participate in the DROP.--

  3         a.  Any member who is eligible to receive an early or

  4  normal retirement pension may participate in the DROP. Members

  5  shall elect to participate by applying to the Board of

  6  Trustees on a form provided for that purpose.

  7         b.  Election to participate shall be forfeited if not

  8  exercised within the first 35 years of combined credited

  9  service.

10         c.  A member shall not participate in the DROP beyond

11  the time of attaining 37 years of service and the total years

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

13  example:

14         (I)  Members with 32 years of credited service at the

15  time of entry shall only participate for 5 years.

16         (II)  Members with 33 years of credited service at the

17  time of entry shall only participate for 4 years.

18         (III)  Members with 34 years of credited service at the

19  time of entry shall only participate for 3 years.

20         (IV)  Members with 35 years of credited service at the

21  time of entry shall only participate for 2 years.

22         d.  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, except for the

25  benefits provided under paragraph (j) of this subsection,

26  Chapter 175 share accounts. For all fund purposes, the member

27  becomes a retirant, except that a DROP participant shall

28  continue to receive shares of the chapter moneys in accordance

29  with paragraph (j), Chapter 175 share accounts. The amount of

30  credited service and final average salary shall freeze as of

31  the date of entry into the DROP.

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    Florida House of Representatives - 2000                HB 1089

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  1         Section 3.  Paragraphs (b) and (g) of subsection (6) of

  2  section 17 of chapter 24981, Laws of Florida, 1947, as amended

  3  by chapter 93-374, Laws of Florida, are amended to read:

  4         Section 17.  West Palm Beach Firefighters Pension

  5  Fund.--

  6         (6)  Disability pensions, medical examinations, return

  7  to work, etc.--

  8         (b)  Nonduty disability pension benefits.--Upon

  9  retirement on account of disability as provided in paragraph

10  (a), a member shall receive a disability pension computed

11  according to subparagraph (5)(a)1., notwithstanding that he or

12  she might not have attained age 50 years and might not have 15

13  or more years of service credit; provided, further, if the

14  member has at least 10 years of service credit, the disability

15  pension shall not be less than 25 percent of the member's

16  average monthly salary at the time of disability. A disability

17  retiree may select optional forms of benefits in accordance

18  with paragraph (5)(g).

19         (g)  Payment of disability pensions.--Monthly

20  disability retirement benefits shall be payable as of the date

21  the board determines that the member was entitled to a

22  disability pension; however, the first payment shall actually

23  be paid on the first day of the first month after the board

24  determines such entitlement.  Any portion due for a partial

25  month shall be paid together with the first payment.  If the

26  member recovers from the disability prior to his or her normal

27  retirement date, the last payment shall be the payment due

28  next preceding the date of such recovery, or, if the member

29  dies without recovering from his or her disability, then the

30  following shall apply:

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    Florida House of Representatives - 2000                HB 1089

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  1         1.  Married member.--Beneficiary benefits as set forth

  2  in subsection (7) shall be paid if, at the time of death, the

  3  member was married or had a dependent child or children or

  4  parent or parents; or

  5         2.  Nonmarried member with 10 years of service or

  6  more.--Payments shall be made until his or her death or the

  7  120th monthly payment, whichever is later; or

  8         3.  Nonmarried Non-married member with less than 10

  9  years of service.--Payments shall be made until the member's

10  his death.

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12  Any monthly retirement income payments due after the death of

13  a disabled member shall be paid to the member's designated

14  beneficiary or beneficiaries or the member's estate as

15  provided in paragraph (5)(h) or subsection (7), as applicable.

16         Section 4.  Paragraph (h) of subsection (6) of section

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

18  chapter 93-374, Laws of Florida, is repealed.

19         Section 5.  Subsection (7) of section 17 of chapter

20  24981, Laws of Florida, 1947, as amended by chapters 93-374

21  and 96-527, Laws of Florida, is amended to read:

22         Section 17.  West Palm Beach Firefighters Pension

23  Fund.--

24         (7)  Beneficiary benefits.--

25         (a)  Death while in service; 5 years or more

26  (nonduty).--In the event a member with 5 or more years of

27  service credit dies while in the employ of the department, and

28  the board finds his or her death to have occurred as the

29  result of causes arising outside the performance of his or her

30  duties as a firefighter in the employ of the city, the

31  following applicable pensions shall be paid:

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    Florida House of Representatives - 2000                HB 1089

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  1         1.  Surviving spouse's benefits.--The surviving spouse

  2  shall receive a pension equal to two-thirds of the pension the

  3  member would otherwise have been entitled to receive under

  4  paragraph (5)(a), as if the member had retired the day

  5  preceding the date of his or her death, notwithstanding that

  6  the member might not have met the age and service requirements

  7  for retirement as specified in subsection (5).  Upon the

  8  surviving spouse's remarriage or death, the pension shall

  9  terminate.

10         2.  Benefits for children surviving surviving spouse,

11  etc.--In the event the a deceased member does not leave a

12  surviving spouse, or if the surviving spouse shall remarry or

13  die, and the member leaves an unmarried child or children

14  under age 18, each such child shall receive a pension of an

15  equal share of the pension to which said member's surviving

16  spouse was or would have been entitled.  Upon any such child's

17  adoption, marriage, death, or attainment of age 18, the

18  child's his pension shall terminate and said child's pension

19  shall be apportioned to the said deceased member's remaining

20  eligible children under age 18.

21         3.  Benefits for dependent parents.--In the event a

22  member dies and does not leave a surviving spouse or children

23  eligible to receive a pension provided for in subparagraphs 1.

24  and 2., and the member leaves a parent or parents whom the

25  board finds to have been dependent upon the member for 50

26  percent or more of their financial support, each such parent

27  shall receive a pension of an equal share of the pension to

28  which the member's surviving spouse would have been entitled

29  if the member left a surviving spouse.  Upon any such parent's

30  remarriage or death, the parent's his pension shall terminate.

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    Florida House of Representatives - 2000                HB 1089

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  1         4.  Estate.--In the event a member dies and does not

  2  leave a surviving spouse, children, or parents eligible to

  3  receive a pension provided for in subparagraph 1.,

  4  subparagraph 2., or subparagraph 3., then the benefits

  5  remaining, if any, shall be paid to the member's estate.

  6         (b)  Death in the line of duty.--In the event a member

  7  dies while in the employ of the department, and the board

  8  finds his or her death to be the natural and proximate result

  9  of causes arising out of and in the course of his or her

10  actual performance of duty as a firefighter in the employ of

11  the city, the following applicable pensions shall be paid:

12         1.  Surviving spouse's benefits.--The surviving spouse

13  shall receive a monthly pension equal to three-fourths of the

14  duty disability pension the member would otherwise have been

15  entitled to receive at the time of his or her death. Upon the

16  surviving spouse's death, the pension shall terminate.

17         2.  Benefits for children surviving surviving spouse,

18  etc.--In the event the a deceased member does not leave a

19  surviving spouse, or if the surviving spouse shall die dies,

20  and the member leaves an unmarried child or children under age

21  18, each such child shall receive a pension of an equal share

22  of the pension to which the member's surviving spouse was or

23  would have been entitled.  Upon any such child's adoption,

24  marriage, death, or attainment of age 18, the child's his or

25  her pension shall terminate and said child's pension shall be

26  apportioned to the deceased member's remaining eligible

27  children under age 18.

28         3.  Benefits for dependent parents.--In the event a

29  member dies and does not leave a surviving spouse or children

30  eligible to receive a pension provided for in subparagraphs 1.

31  and 2., and the member leaves a parent or parents whom the

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    Florida House of Representatives - 2000                HB 1089

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  1  board finds to have been dependent upon the member for 50

  2  percent or more of their financial support, each such parent

  3  shall receive a pension of an equal share of the pension to

  4  which said member's surviving spouse would have been entitled

  5  if the member left a surviving spouse.  Upon any such parent's

  6  remarriage or death, the parent's his or her pension shall

  7  terminate.

  8         4.  Estate.--In the event a member dies and does not

  9  leave a surviving spouse, children or parents eligible to

10  receive a pension provided for in subparagraph 1.,

11  subparagraph 2., or subparagraph 3., then the benefits

12  remaining, if any, shall be paid to the member's estate.

13         (c)  Death after retirement.--Upon the death of a

14  retirant, the following applicable pensions shall be paid:

15         1.  Surviving spouse's benefits.--The surviving spouse

16  shall receive a pension equal to three-fourths of the

17  retirant's member's pension at the time of his or her death.

18  Upon the surviving spouse's remarriage or death, the pension

19  shall terminate.

20         2.  Benefits for children, surviving surviving spouse,

21  etc.--In the event a deceased member does not leave a

22  surviving spouse, or if the surviving spouse shall remarry or

23  die, and the member leaves an unmarried child or children

24  under age 18, each such child shall receive a pension of an

25  equal share of the pension to which the member's surviving

26  spouse was or would have been entitled.  Upon any such child's

27  adoption, marriage, death, or attainment of age 18, the

28  child's his pension shall terminate and said child's pension

29  shall be apportioned to the deceased member's remaining

30  eligible children under age 18.

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    Florida House of Representatives - 2000                HB 1089

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  1         3.  Benefits for dependent parents.--In the event a

  2  member dies and does not leave a surviving spouse or children

  3  eligible to receive a pension provided for in subparagraphs 1.

  4  and 2., and the member leaves a parent or parents whom the

  5  board finds to have been dependent upon the member for 50

  6  percent or more of their financial support, each such parent

  7  shall receive a pension of an equal share of the pension to

  8  which the member's surviving spouse would have been entitled

  9  if the member left a surviving spouse.  Upon any such parent's

10  remarriage or death, the parent's his or her pension shall

11  terminate.

12         4.  Estate.--In the event a member dies and does not

13  leave a surviving spouse, children, or parents eligible to

14  receive a pension provided for in subparagraph 1.,

15  subparagraph 2., or subparagraph 3., then the benefits

16  remaining, if any, shall be paid to the member's estate.

17         Section 6.  Paragraph (d) is added to subsection (20)

18  of section 17 of chapter 24981, Laws of Florida, 1947, as

19  amended by chapter 93-374, Laws of Florida, to read:

20         Section 17.  West Palm Beach Firefighters Pension

21  Fund.--

22         (20)  Miscellaneous requirements.--

23         (d)  False or misleading statements made to obtain

24  retirement benefits prohibited.--

25         1.  It is unlawful for a person to willfully and

26  knowingly make, or cause to be made, or to assist, conspire

27  with, or urge another to make, or cause to be made, any false,

28  fraudulent, or misleading oral or written statement or to

29  withhold or conceal material information to obtain any benefit

30  under this plan.

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  1         2.a.  A person who violates subparagraph 1. commits a

  2  misdemeanor of the first degree, punishable as provided in s.

  3  775.082 or s. 775.083, Florida Statutes.

  4         b.  In addition to any applicable criminal penalty,

  5  upon conviction for a violation of subparagraph 1., a

  6  participant or beneficiary of this plan may, in the discretion

  7  of the Board of Trustees, be required to forfeit the right to

  8  receive any or all benefits to which the person would

  9  otherwise be entitled under this plan.  For purposes of this

10  sub-subparagraph, "conviction" means a determination of guilt

11  that is the result of a plea or trial, regardless of whether

12  adjudication is withheld.

13         Section 7.  All special laws and parts of special laws,

14  ordinances, or regulations, insofar as they are in conflict or

15  inconsistent with the provisions of this act, are repealed.

16         Section 8.  This act shall take effect upon becoming a

17  law.

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