CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1091

    Amendment No. 01 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Community Affairs offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

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

18  16 of chapter 24981, Laws of Florida, 1947, as amended by

19  chapters 93-373 and 99-483, Laws of Florida, is amended to

20  read:

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

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

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

24  different meaning is clearly indicated by the context:

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

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

27  determination using an interest rate of 8.25 7 percent per

28  year and the 1983 Group Annuity Mortality Table.

29         Section 2.  Paragraph (c) of subsection (8) of section

30  16 of chapter 24981, Laws of Florida, 1947, as amended by

31  chapter 93-373, Laws of Florida, is amended to read:

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1091

    Amendment No. 01 (for drafter's use only)





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

 2         (8)  Age and service requirements for retirement.--

 3         (c)  Early retirement.--Any member may retire from the

 4  service of the department, with the consent of the city, as of

 5  the first day of any calendar month which is prior to the

 6  member's normal retirement date but subsequent to the date as

 7  of which he or she has both attained the age of 50 and

 8  completed 10 years of credited service.  In the event of early

 9  retirement, the monthly amount of retirement income payable

10  shall be computed as described in paragraph (9)(a), taking

11  into account his or her credited service to his or her date of

12  actual retirement and his or her final average salary as of

13  such date.  The amount of retirement income shall be

14  actuarially reduced to take into account the member's younger

15  age and earlier commencement of retirement income benefits.

16  In no event shall the early retirement reduction exceed 3

17  percent for each year by which the member's age at retirement

18  preceded the member's normal retirement age.

19         Section 3.  Paragraph (a), subparagraph 1.a. of

20  paragraph (d), and paragraph (e) of subsection (9) of section

21  16 of chapter 24981, Laws of Florida, 1947, as amended by

22  chapter 93-373, Laws of Florida, are amended to read:

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

24         (9)  Retirement pension calculation.--

25         (a)  Upon retirement eligibility as provided in

26  subsection (8), a member shall receive a monthly pension. The

27  pension shall be equal to the greater of the following, as

28  applicable:

29         1.  A member who has more than or equal to twelve years

30  and six months of service at October 1, 1999, and who was

31  actively employed by the department on or after October 1,

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1091

    Amendment No. 01 (for drafter's use only)





 1  1999, shall receive a benefit equal to the greater of the

 2  following:

 3         a.  Three percent (3%) of final average salary

 4  multiplied by the number of years, and fraction of a year, of

 5  credited service earned from April 1, 1987, plus two and

 6  one-half percent (2 1/2%) of final average salary multiplied

 7  by the number of years, and fraction of a year, of credited

 8  service earned prior to April 1, 1987, up to a total of

 9  twenty-six (26) years, plus one percent (1%) of the final

10  average salary multiplied by the number of years, and fraction

11  of a year, of credited service which is in excess of

12  twenty-six (26) years; or

13         b.  Two and one-half percent (2 1/2%) of final average

14  salary multiplied by the number of years, and fraction of a

15  year, of credited service, not to exceed twenty-six (26)

16  years, plus one percent (1%) of the final average salary

17  multiplied by the number of years, and fraction of a year, of

18  credited service which is in excess of twenty-six years; or

19         c.  The sum of the following:

20         (I)  Two and one-half percent (2 1/2%) of final average

21  salary multiplied by the number of years, and fraction of a

22  year, of credited service earned through September 30, 1988;

23  and

24         (II)  Two percent (2%) of final average salary

25  multiplied by the number of years, and fraction of a year, of

26  credited service earned on and after October 1, 1988.

27

28  However, in no event shall the benefit be less than 2% per

29  year of credited service.

30         2.  A member who has more than twelve years and six

31  months of service and who entered the DROP on or before

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1091

    Amendment No. 01 (for drafter's use only)





 1  October 1, 1999, and who was actively employed by the

 2  department on October 1, 1999, shall receive a benefit equal

 3  to the greater of the following:

 4         a.  Three percent (3%) of final average salary

 5  multiplied by the number of years, and fraction of a year, of

 6  credited service earned in the twelve years and six months

 7  prior to entering the DROP, plus 2 1/2% of final average

 8  salary multiplied by the number of years and fraction of a

 9  year of credited service earned prior to that date which is

10  twelve years and six months prior to entering the DROP, up to

11  a total of twenty-six (26) years, plus one percent (1%) of the

12  final average salary multiplied by the number of years, and

13  fraction of a year, of credited service which is in excess of

14  twenty-six (26) years. The one-half percent (1/2%) enhancement

15  to the accrual rate shall also be applied retroactively to the

16  date of entering the DROP, or two years, whichever is less;

17  provided that the retroactive application shall include

18  principal only, not any earnings thereon. An example of the

19  calculation described in this paragraph is set forth in the

20  collective bargaining agreement between the City of West Palm

21  Beach and the Police Benevolent Association, Certified Unit

22  No. 825, October 1, 1998-September 30, 2001; or

23         b.  Two and one-half percent (2 1/2%) of final average

24  salary multiplied by the number of years, and fraction of a

25  year, of credited service, not to exceed twenty-six (26)

26  years, plus one percent (1%) of the final average salary

27  multiplied by the number of years, and fraction of a year, of

28  credited service which is in excess of twenty-six years; or

29         c.  The sum of the following:

30         (I)  Two and one-half percent (2 1/2%) of final average

31  salary multiplied by the number of years, and fraction of a

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1091

    Amendment No. 01 (for drafter's use only)





 1  year, of credited service earned through September 30, 1988;

 2  and

 3         (II)  Two percent (2%) of final average salary

 4  multiplied by the number of years, and fraction of a year, of

 5  credited service earned on and after October 1, 1988.

 6

 7  However, in no event shall the benefit be less than 2% per

 8  year of credited service.

 9         3.  A member who has less than twelve years and six

10  months of service on October 1, 1999, and who was actively

11  employed by the department on or after October 1, 1999, shall

12  receive a benefit equal to the greater of the following:

13         a.  Three percent (3%) of final average salary

14  multiplied by the number of years, and fraction of a year, of

15  credited service up to a total of twenty-six (26) years, plus

16  one percent (1%) of the final average salary multiplied by the

17  number of years, and fraction of a year, of credited service

18  which is in excess of twenty-six (26) years; or

19         b.  Two and one-half percent (2 1/2%) of final average

20  salary multiplied by the number of years, and fraction of a

21  year, of credited service, not to exceed twenty-six (26)

22  years, plus one percent (1%) of the final average salary

23  multiplied by the number of years, and fraction of a year, of

24  credited service which is in excess of twenty-six (26) years;

25  or

26         c.  The sum of the following:

27         (I)  Two and one-half percent (2 1/2%) of final average

28  salary multiplied by the number of years, and fraction of a

29  year, of credited service earned through September 30, 1988;

30  and

31         (II)  Two percent (2%) of final average salary

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1091

    Amendment No. 01 (for drafter's use only)





 1  multiplied by the number of years, and fraction of a year, of

 2  credited service earned on and after October 1, 1988.

 3

 4  However, in no event shall the benefit be less than 2% per

 5  year of credited service.

 6         4.  A member who terminated employment, retired on a

 7  vested deferred benefit, or retired on or before October 1,

 8  1999, shall receive a benefit equal to the greater of the

 9  following:

10         a.  Two and one-half percent (2 1/2%) of final average

11  salary multiplied by the number of years, and fraction of a

12  year, of credited service, not to exceed twenty-six (26)

13  years, plus one percent (1%) of the final average salary

14  multiplied by the number of years, and fraction of a year, of

15  credited service which is in excess of twenty-six years; or

16         b.  The sum of the following:

17         (I)  Two and one-half percent (2 1/2%) of final average

18  salary multiplied by the number of years, and fraction of a

19  year, of credited service earned through September 30, 1988;

20  and

21         (II)  Two percent (2%) of final average salary

22  multiplied by the number of years, and fraction of a year, of

23  credited service earned on and after October 1, 1988.

24

25  The three percent (3%) benefit accrual factor for active

26  employees in subparagraphs (9)(a)1., 2., 3., and 4. is

27  contingent on and subject to the adoption and maintenance of

28  the assumptions set forth in subsection (34). If such

29  assumptions are modified by legislative, judicial, or

30  administrative agency action and the modification results in

31  increased city contributions to the pension fund, the three

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1091

    Amendment No. 01 (for drafter's use only)





 1  percent (3%) benefit accrual factor for active employees in

 2  subparagraphs (9)(a)1., 2., and 3. shall be automatically

 3  decreased prospectively from the date of the action, to

 4  completely offset the increase in city contributions.

 5  Provided, however, in no event shall the benefit accrual

 6  factor in subparagraphs (9)(a)1., 2., 3., and 4. be adjusted

 7  below two and one half percent (2 1/2%).

 8

 9  To the extent that the benefit accrual factor is less than

10  three percent (3%) for active members with less than twelve

11  years and six months of service on October 1, 1999, the

12  supplemental pension distribution calculation under

13  subparagraph (12)(a)2. shall be adjusted for employees who

14  retire or enter the DROP after October 1, 1999. The adjustment

15  shall be to decrease the minimum return of eight and

16  one-quarter percent (8.25%) needed to afford the supplemental

17  pension distribution, where the amount of the reduction is

18  zero if an employee has been credited with twelve years and

19  six months of service or more with the three percent (3%)

20  benefit accrual factor or one and one-quarter percent (1.25%)

21  if an employee has been credited with no more than a two and

22  one-half percent (2.5%) benefit accrual factor. If an employee

23  has been credited with less than twelve years and six months

24  of service at the three percent (3%) benefit accrual factor,

25  then the accumulated amount over two and one-half percent

26  (2.5%) for each year of service divided by one-half percent

27  (0.5%) divided by twelve and one-half (12.5) subtracted from

28  one multiplied by one and one-quarter percent (1.25%) is the

29  reduction from eight and one-quarter percent (8.25%). An

30  example of the calculation of the minimum return for the

31  supplemental pension distribution as described in this

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1091

    Amendment No. 01 (for drafter's use only)





 1  paragraph is set forth in the collective bargaining agreement

 2  between the City of West Palm Beach and the Police Benevolent

 3  Association, Certified Unit No. 145 and Certified Unit No.

 4  825, October 1, 1998-September 30, 2001.

 5         1.  Two and one-half percent of final average salary

 6  multiplied by the number of years, and fraction of a year, of

 7  credited service, not to exceed 26 years, plus 1 percent of

 8  final average salary multiplied by the number of years, and

 9  fraction of a year, of credited service which is in excess of

10  26 years; or

11         2.  The sum of the following:

12         a.  Two and one-half percent of his or her final

13  average salary multiplied by the number of years, and fraction

14  of a year, of credited service earned through September 30,

15  1988; and

16         b.  Two percent of final average salary multiplied by

17  the number of years, and fraction of a year, of credited

18  service earned on and after October 1, 1988.

19         (d)  Optional forms of retirement income.--

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

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

22  payable as specified in paragraph (c), and in lieu of the

23  death benefits as specified in subsection (17), a member, upon

24  written request to the board and submission of evidence of

25  good health (except that such evidence shall not be required

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

27  commencement of retirement income) and subject to the approval

28  of the board, may elect to receive a retirement income of

29  equivalent actuarial value payable in accordance with one of

30  the following options:

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

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1091

    Amendment No. 01 (for drafter's use only)





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

 2  only.

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

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

 5  joint lifetime of the member and a dependent joint pensioner

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

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

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

 9  lifetime of the survivor.

10         (e)  Designation of beneficiary.--

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

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

13  beneficiary (or beneficiaries) to receive the benefit, if any,

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

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

16  filing with the board a new designation of beneficiary form.

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

18  change his or her designation of a joint annuitant or

19  beneficiary only twice. If the retirant desires to change his

20  or her joint annuitant or beneficiary, he or she shall file

21  with the board a notarized notice of such change either by

22  registered letter or on a form as provided by the board.  Upon

23  receipt of a completed change of joint annuitant form or such

24  other notice, the board shall adjust the member's monthly

25  benefit by the application of actuarial tables and

26  calculations developed to ensure that the benefit paid is the

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

28  current benefit.

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

30  member failed to name a beneficiary in the manner prescribed

31  in subparagraph 1., or if the beneficiary (or beneficiaries)

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1091

    Amendment No. 01 (for drafter's use only)





 1  named by a deceased member predeceases the member, death

 2  benefits, if any, which may be payable under this act on

 3  behalf of such deceased member may be paid, in the discretion

 4  of the board, to: in accordance with subsection (11)(g).

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

 6  member;

 7         b.  The dependent living parent or parents of the

 8  member; or

 9         c.  The estate of the member.

10         Section 4.  Paragraphs (b) through (e) of subsection

11  (12) of section 16 of chapter 24981, Laws of Florida, 1947, as

12  amended by chapters 93-373 and 99-483, Laws of Florida, are

13  redesignated as paragraphs (c) through (f), respectively, and

14  paragraph (a) of said subsection is amended to read:

15         (12)  Supplemental pension distribution.--

16         (a)  The Board of Trustees shall annually authorize a

17  supplemental pension distribution, the amount of which shall

18  be determined as of each September 30, as applicable.

19         1.  For employees who retired prior to October 1, 1999,

20  the amount of the distribution shall be equal to the actuarial

21  present value of future pension payments to current

22  pensioners, multiplied by the positive difference, if any,

23  between the rate of investment return (not to exceed nine

24  percent (9%)) and seven percent (7%), plus one-half of any

25  investment earnings over nine percent (9%).

26         2.  For those employees who have more than twelve and

27  one-half (12 1/2) years of service on and after October 1,

28  1999, or who are part of the DROP on or after October 1, 1999,

29  the amount of the distribution shall be equal to the actuarial

30  present value of future pension payments to those pensioners

31  multiplied by the positive difference, if any, between the

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1091

    Amendment No. 01 (for drafter's use only)





 1  rate of investment return (not to exceed nine percent (9%))

 2  and seven percent (7%) plus one-half of any investment

 3  earnings over nine percent (9%).

 4         3.  For those employees who have less than twelve and

 5  one-half years of serve as of October 1, 1999, the amount of

 6  the distribution shall be equal to the actuarial present value

 7  of future pension payments to those pensioners multiplied by

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

 9  investment return (not to exceed nine percent (9%)) and eight

10  and one-quarter percent (8.25%), plus one-half of any

11  investment earnings over nine percent (9%). The amount of the

12  distribution shall be equal to the actuarial present value of

13  future pension payments to current pensioners, multiplied by

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

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

16  one-half of any investment earnings over 9 percent.

17         (b)  The actuary shall determine whether there may be a

18  supplemental pension distribution based on the following

19  factors:

20         1.  The actuary for the pension fund shall determine

21  the rate of investment return earned on the pension fund

22  assets during the 12-month period ending each September 30.

23  The rate determined shall be the rate reported in the most

24  recent actuarial report submitted pursuant to part VII of

25  chapter 112, Florida Statutes.

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

27  September 30, determine the actuarial present value of future

28  pension payments to current pensioners.  The actuarial present

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

30  a year compounded annually and a mortality table as approved

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

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1091

    Amendment No. 01 (for drafter's use only)





 1  actuarial report submitted pursuant to part VII of chapter

 2  112, Florida Statutes.

 3         3.  The supplemental pension distribution amount shall

 4  not exceed accumulated net actuarial experience from all

 5  pension liabilities and assets. If the net actuarial

 6  experience is favorable, cumulatively, commencing with the

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

 8  for all prior supplemental distributions, the supplemental

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

10  unfavorable, cumulatively, commencing with the experience for

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

12  supplemental distributions, no supplemental distribution may

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

14  offset by cumulative favorable experience.

15

16  If an actuarial report submitted as provided in this paragraph

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

18  deficiency to the pension fund results, the deficiency shall

19  be made up from the next available supplemental pension

20  distribution, unless sooner made up by agreement between the

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

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

23  the date of payment of the supplemental pension distribution

24  which resulted in the deficiency.

25         Section 5.  Effective for share account distributions

26  made for calendar year 1998 from chapter moneys received in

27  July 1999, paragraph (a) of subsection (13) of section 16 of

28  chapter 24981, Laws of Florida, 1947, as amended by chapters

29  93-373 and 99-483, Laws of Florida, is amended to read:

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

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

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1091

    Amendment No. 01 (for drafter's use only)





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

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

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

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

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

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

 7  trustees on a form provided for that purpose.

 8         2.  Election to participate shall be forfeited if not

 9  exercised within the first 27 years of combined credited

10  service. However, participation in the first years of

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

12  service in 1992.

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

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

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

16  example:

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

18  of entry shall participate for only 5 years.

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

20  of entry shall participate for only 4 years.

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

22  of entry shall participate for only 3 years.

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

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

25  accrue any benefits under the pension fund, except for the

26  benefits provided under subsection (11), Chapter 185 share

27  accounts. For all fund purposes, the member becomes a

28  retirant, except that a DROP participant shall continue to

29  receive shares of the chapter moneys in accordance with

30  subsection (11), Chapter 185 share accounts. The amount of

31  credited service and final average salary shall freeze as of

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1091

    Amendment No. 01 (for drafter's use only)





 1  the date of entry into the DROP.

 2         5.  Notwithstanding any provision of this section to

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

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

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

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

 7  promoted from police officer through the ranks of the

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

 9  chief shall not participate in the DROP beyond the attainment

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

11  in the DROP shall not exceed 8 years.

12         Section 6.  Subparagraph 1. of paragraph (d) of

13  subsection (16) of section 16 of chapter 24981, Laws of

14  Florida, 1947, as amended by chapter 93-373, Laws of Florida,

15  is amended to read:

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

17         (16)  Conditions applicable to all disability

18  retirants.--

19         (d)  Normal form of disability retirement income.--

20         1.  Duty or nonduty disability with 10 years of

21  service.

22         a.  Married member.--The standard form of disability

23  retirement benefit for a married member or for a member with

24  dependent children or parents shall be a disability pension

25  and death benefit.  This form of benefit shall provide monthly

26  payments for the life of the member as set forth in subsection

27  (14) or subsection (15), as applicable, or the disability

28  retiree may select optional forms of benefits in accordance

29  with paragraph (9)(d). Thereafter, death benefits shall be

30  paid as provided in subsection (17).

31         b.  Nonmarried member.--The standard form of disability

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1091

    Amendment No. 01 (for drafter's use only)





 1  retirement benefit for a member who is not married or who does

 2  not have dependent children or parents shall be a 10-year

 3  certain benefit.  This benefit shall pay monthly benefits for

 4  the member's lifetime.  In the event the member dies after his

 5  or her retirement but before he or she has received disability

 6  retirement benefits for a period of 10 years, the same monthly

 7  benefit shall be paid to the beneficiary (or beneficiaries) as

 8  designated by the member for the balance of such 10-year

 9  period. In the absence of a designated beneficiary, then the

10  benefits will be paid to the estate of the retiree.

11         Section 7.  Subparagraph 1. of paragraph (a) of

12  subsection (19) of section 16 of chapter 24981, Florida

13  Statutes, 1947, as amended by chapter 93-373, Laws of Florida,

14  is amended to read:

15         (19)  Member's contributions; refunds.--

16         (a)  Member's contributions.--

17         1.  The member shall contribute 7 6.45 percent of his

18  or her salary to the fund.

19         Section 8.  Paragraph (d) is added to subsection (33)

20  of section 16 of chapter 24981, Florida Statutes, 1947, as

21  renumbered by chapters 95-478 and 99-483, Laws of Florida, to

22  read:

23         Section 16.  Palm Beach Pension Fund.--

24         (33)  Miscellaneous requirements.--

25         (d)  False or misleading statements made to obtain

26  retirement benefits prohibited.--

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

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

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

30  fraudulent, or misleading oral or written statement or to

31  withhold or conceal material information to obtain any benefit

                                  15

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1091

    Amendment No. 01 (for drafter's use only)





 1  under this plan.

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

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

 4  775.082 or s. 775.083, Florida Statutes.

 5         b.  In addition to any applicable criminal penalty,

 6  upon conviction for a violation described in subparagraph 1.,

 7  a participant or beneficiary of this plan may, in the

 8  discretion of the board of trustees, be required to forfeit

 9  the right to receive any or all benefits to which the person

10  would otherwise be entitled under this plan. For purposes of

11  this sub-subparagraph, "conviction" means a determination of

12  guilt that is the result of a plea or trial, regardless of

13  whether adjudication is withheld.

14         Section 9.  Subsection (34) is added to section 16 of

15  chapter 24981, Laws of Florida, 1947, as amended by chapters

16  95-478 and 99-483, Laws of Florida, to read:

17         (34)  Actuarial assumptions.--The following actuarial

18  assumptions shall be used for all purposes in connection with

19  this fund, effective October 1, 1999:

20         (a)  The assumed investment rate of return shall be

21  eight and one-quarter percent (8.25%); and

22         (b)  The period for amortizing current, future, and

23  past actuarial gains or losses shall be 20 years.

24

25  The consequences of the change in assumptions in paragraphs

26  (a) and (b) shall first take effect during the October 1,

27  1999-September 30, 2000, fiscal year of the City of West Palm

28  Beach. To the extent that effective dates or legislative

29  delays might influence the direct application to the October

30  1, 1999-September 30, 2000, fiscal year of the actuarial cost

31  estimate dated March 24, 2000, there shall be a minimum

                                  16

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1091

    Amendment No. 01 (for drafter's use only)





 1  contribution reserve established by the pension fund for the

 2  City of West Palm Beach. The reserve will be credited with any

 3  amounts contributed to the pension fund by the City of West

 4  Palm Beach during the October 1, 1999-September 30, 2000,

 5  fiscal year in excess of $1,462,965. This amount has been

 6  determined by combining the contribution requirement from the

 7  September 30, 1998, actuarial valuation report dated May 7,

 8  1999, with the subsequent actuarial cost estimate dated March

 9  24, 2000, both of which were prepared by the fund's actuary.

10         Section 10.  All special laws and parts of special

11  laws, ordinances, or regulations, insofar as they are in

12  conflict or inconsistent with the provisions of this act, are

13  repealed.

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

15  law.

16

17

18  ================ T I T L E   A M E N D M E N T ===============

19  And the title is amended as follows:

20  remove from the title of the bill:  the entire title

21

22  and insert in lieu thereof:

23                  A bill to be entitled

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

25         Palm Beach County; amending chapter 24981, Laws

26         of Florida, 1947, as amended; revising language

27         with respect to the West Palm Beach Police

28         Pension Fund; revising language relating to

29         early retirement; revising the provisions

30         regarding optional forms of retirement income;

31         revising the beneficiary provisions; revising

                                  17

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1091

    Amendment No. 01 (for drafter's use only)





 1         the disability provisions; providing for a

 2         definition of the actuarial equivalent value;

 3         providing for retirement pension calculations;

 4         providing for supplemental pension

 5         distributions; providing for actuarial

 6         assumptions; adding language imposing penalties

 7         for false or misleading statements to obtain

 8         benefits; providing for retroactive effect;

 9         providing an effective date.

10

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    hca0012                     04:13 pm         01091-ca  -932911