House Bill 1089er
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature HB 1089
1
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
1
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature HB 1089
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
2
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature HB 1089
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.--
3
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature HB 1089
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.
4
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature HB 1089
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:
31
5
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature HB 1089
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.
11
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:
6
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature HB 1089
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.
31
7
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature HB 1089
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
8
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature HB 1089
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.
31
9
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature HB 1089
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.
31
10
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature HB 1089
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.
18
19
20
21
22
23
24
25
26
27
28
29
30
31
11