House Bill 1715e1

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                                      HB 1715, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to the Firefighters' Relief and

  3         Pension Fund of the City of Pensacola, Escambia

  4         County, Florida; amending chapter 21483, Laws

  5         of Florida, 1941, as amended; providing for

  6         gender neutrality; creating a board secretary;

  7         providing for a Director of Finance; revising

  8         provisions relating to disability pensions and

  9         death benefits for survivors; providing for

10         protection of benefits from certain legal

11         processes; providing for rollover distribution

12         allocation; conforming provisions of local law

13         to chapter 175, Laws of Florida; authorizing

14         additional benefits required by law to be

15         provided by ordinance; providing definitions;

16         providing for repeal of conflicting laws;

17         providing an effective date.

18

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

20

21         Section 1.  Section 1 of chapter 21483, Laws of

22  Florida, 1941, as amended by chapters 61-2653, 88-536, and

23  91-397, Laws of Florida, is amended to read:

24         Section 1.  Board of trustees of the Firefighters'

25  Relief and Pension Fund.--There is hereby created in and for

26  the City of Pensacola a board of trustees of the Firefighters'

27  Firemen's Relief and Pension Fund consisting of five members,

28  two of or whom, unless otherwise prohibited by law, shall be

29  legal residents of the municipality, who shall be appointed by

30  the legislative body of the municipality, and two of whom

31  shall be firefighters of the municipality who shall be elected


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                                      HB 1715, First Engrossed/ntc



  1  by a majority of the firefighters whose names appear on the

  2  rolls as members of the fire department of the municipality.

  3  The fifth member shall be chosen by a majority of the previous

  4  four members as provided for herein, and such person's name

  5  shall be submitted to the legislative body of the

  6  municipality.  Upon receipt of the fifth person's name, the

  7  legislative body of the municipality shall, as a ministerial

  8  duty, appoint such person to the board of trustees as its

  9  fifth member. The fifth member shall have the same rights as

10  each of the other four members appointed or elected as herein

11  provided.  The existing fifth member's term will end on

12  December 31, 1992, with the new appointee, who may be the same

13  person, to commence his or her term on January 1, 1993.  The

14  fifth member shall serve as a trustee for a period of 2 years,

15  and may succeed himself or herself in office. Each resident

16  member shall serve as trustee for a period of 2 years, unless

17  sooner replaced by the legislative body at whose pleasure he

18  or she shall serve, and may succeed himself or herself as a

19  trustee. One existing resident member's term will end on

20  December 31, 1991, with the new appointee, who may be the same

21  person, to commence his or her term on January 1, 1992.  The

22  other existing resident member's term will end on December 31,

23  1992, with the new appointee, who may be the same person, to

24  commence his or her term on January 1, 1993.  The terms of the

25  resident members will continue in this staggered fashion. Each

26  firefighter member shall serve as trustee for a period of 2

27  years, unless he or she sooner leaves the employment of the

28  municipality as a firefighter, whereupon his or her successor

29  shall be chosen in the same manner as an original appointment.

30  One existing firefighter member's term will end on December

31  31, 1991, with the new appointee, who may be the same person,


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                                      HB 1715, First Engrossed/ntc



  1  to commence his or her term on January 1, 1992.  The other

  2  existing firefighter member's term will end on December 31,

  3  1992, with the new appointee, who may be the same person, to

  4  commence his or her term on January 1, 1993.  The terms of the

  5  firefighter members will continue in this staggered fashion.

  6  Each firefighter member may succeed himself or herself in

  7  office.  The board of trustees shall meet at least quarterly

  8  each year.  The trustees shall by a majority vote elect a

  9  chairperson and a secretary chairman.  The trustees shall not

10  receive any compensation as such, but shall receive expenses

11  and per diem as may be provided by ordinance, consistent with

12  Florida law.  The board of trustees hereby created shall

13  perform all of the duties and enjoy all of the rights and

14  powers, heretofore by law or ordinance vested in the pension

15  board of the City of Pensacola and shall be and constitute a

16  legal entity with the power to bring and defend lawsuits of

17  every kind, nature, and description.  The city attorney of

18  each municipality shall give advice to the board of trustees

19  in all matters pertaining to its duties in the administration

20  of the municipal firefighter's pension trust fund whenever

21  requested; and the city attorney he shall represent and defend

22  the board as its attorney in all suits and actions at law or

23  in equity that may be brought against it and bring all suits

24  and actions in its behalf that may be required or determined

25  upon by the board.  However, if the board of trustees so

26  elects, it may employ independent legal counsel at the pension

27  fund's expense for the purposes contained herein, together

28  with such other professional, technical, or other advisers as

29  the board deems necessary.  The Firemen's Relief and Pension

30  Fund heretofore created shall continue to exist exclusively

31  for the purposes provided by this and related legislation, and


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                                      HB 1715, First Engrossed/ntc



  1  the responsibility for the administration and proper operation

  2  thereof and for effectuating the provisions of law relating

  3  thereto is vested in the said board of trustees.

  4         Section 2.  Section 2 of chapter 21483, Laws of

  5  Florida, 1941, is amended to read:

  6         Section 2.  Board to act as trustees of fund;

  7  records.--The Pension Board of the City of Pensacola shall act

  8  as trustees of the Firefighters' Firemen's Relief and Pension

  9  Fund and shall perform the duties herein required. The

10  secretary of the Said pension board shall keep a separate and

11  complete minute book of proceedings of the board in reference

12  to the business and affairs relating to the Firefighters'

13  Firemen's Relief and Pension Fund. Said minute book shall at

14  all times be kept in the office of the Director of Finance

15  Clerk of the City of Pensacola and be open to the public for

16  inspection.

17         Section 3.  Section 3 of chapter 21483, Laws of

18  Florida, 1941, is amended to read:

19         Section 3.  Powers.--

20         (1)  In addition to the other powers and authorities

21  granted to it under Florida law, that the pension board shall

22  have power and authority:

23         (a)  To invest and reinvest the assets of the

24  Firefighters' Relief and Pension Fund, as provided by Florida

25  law in interest bearing United States, state, county, district

26  or other political subdivision bonds or certificates of

27  indebtedness, the surplus funds of the Firemen's Relief and

28  Pension Fund, and the accretion shall become part of the fund,

29  and the City Clerk-Comptroller or depository shall keep such

30  bonds.

31


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                                      HB 1715, First Engrossed/ntc



  1         (b)  To cause to be issued payments from warrants upon

  2  the Firefighters' Firemen's Relief and Pension Fund pursuant

  3  to this act and rules and regulations prescribed by the

  4  board.; All such payments warrants shall be made consecutively

  5  numbered, and be signed by the officers of the City of

  6  Pensacola in the manner now provided by law for the

  7  disbursement of city funds, and shall state upon their faces

  8  the purposes for which the warrants are drawn. The Director of

  9  Finance City Clerk-Comptroller shall maintain an accounting of

10  payments made, retain such warrants, when paid, as permanent

11  vouchers for disbursement made; and no money shall be

12  otherwise drawn from the fund.

13         (c)  To finally decide all claims to relief under this

14  act and under the board's rules and regulations.

15         (d)  To convert into cash any securities of the fund.

16         (e)  To keep a complete record of all receipts and

17  disbursements and of the board's acts and proceedings. Said

18  records shall at all times be kept in the office of the

19  Director of Finance Clerk of the City of Pensacola and be open

20  to the public for inspection; and a statement and audit of the

21  receipts and disbursements shall be made and a copy furnished

22  to each contributor and each pensioner not less than annually

23  once each six (6) months.

24         (2)  Any and all acts and decisions of the pension

25  board shall be effectuated by vote of a majority of the

26  members of such board; however, no trustee shall take part in

27  any action in connection with such trustee's own participation

28  in the fund.

29         Section 4.  Section 4 of chapter 21483, Laws of

30  Florida, 1941, as amended by chapter 24809, Laws of Florida,

31  1947, chapter 31157, Laws of Florida, 1955, and chapters


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                                      HB 1715, First Engrossed/ntc



  1  57-1713, 59-1723, 61-2653, 77-632, and 99-463, Laws of

  2  Florida, is amended to read:

  3         Section 4.  Sources of revenue.--There is hereby

  4  continued in the City of Pensacola the fund heretofore

  5  established and cited as the "Firefighters' Firemen's Relief

  6  and Pension Fund," to be maintained in the following manner:

  7         (a)  All sums of money in the existing fund as of July

  8  1, 1999, designated "Firemen's Relief and Pension Fund" of

  9  said city, shall be and remain therein as assets of the

10  Firefighters' Relief and Pension Fund.

11         (b)  By the net proceeds of the 1.85-percent excise or

12  license tax levied and collected under the authority of

13  chapter 19112, Laws of Florida, 1939, as amended, which may be

14  imposed by the City of Pensacola upon certain insurance

15  companies or other insurers against loss by fire and tornado

16  on their gross receipts of premiums from holders of policies,

17  which policies cover property within the corporate limits of

18  such municipality, or any additional amount that may hereafter

19  be levied and collected. This revenue shall be used first to

20  fund the cost-of-living adjustment provision, then the benefit

21  for 75 percent of compensation with 25 years of service on

22  normal pension benefits, and then any remaining amount shall

23  be used for the remaining benefits of the plan. If the receipt

24  of this money is not sufficient to pay all benefits of the

25  plan, nevertheless, all benefits of the plan shall be paid.

26         (c)  The City of Pensacola, through its proper

27  officers, shall deduct 11 percent from the compensation of all

28  members of the Firefighters' Firemen's Relief and Pension Fund

29  who are not in the Deferred Retirement Option Plan program,

30  and shall pay the same to the pension board herein created.

31  Such payments shall be deposited in a special account by the


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                                      HB 1715, First Engrossed/ntc



  1  City of Pensacola to be designated "Firefighters' Firemen's

  2  Relief and Pension Fund" and no employee shall have any right

  3  to said money so paid into said fund except as otherwise

  4  provided in the act. The contributions may be "pickup"

  5  contributions, in accordance with the Internal Revenue Code.

  6         (d)  By all fines and forfeitures imposed and collected

  7  from any firefighter fireman because of the violation of any

  8  rule and regulation promulgated by the pension board.

  9         (e)  By all gifts, bequests, and devises when donated

10  for the fund.

11         (f)  By all accretions to the fund by way of interest

12  or dividends on bank deposits or otherwise.

13         (g)  By mandatory payment by the City of Pensacola of a

14  sum equal to the actuarially required funding amount shown by

15  the Fire pension board's actuary's annual actuarial valuation.

16  Balances in the prepayment reserve account provided for in the

17  annual actuary report shall be drawn down before the city is

18  required to make any contributions.

19         (h)  By all other sources or income now or hereafter

20  authorized by law for the augmentation of such fund.

21         Section 5.  Section 5 of chapter 21483, Laws of

22  Florida, 1941, as amended by chapter 22434, Laws of Florida,

23  1943, chapter 26143, Laws of Florida, 1949, chapter 27814,

24  Laws of Florida, 1951, and chapters 57-1713, 59-1723, 61-2653,

25  63-1774, 70-889, 77-630, 83-500, 86-453, 87-527, and 99-463,

26  Laws of Florida, is amended to read:

27         Section 5.  Basis for compensation.--The pension of all

28  persons entitled thereto, as hereinafter specified, shall be

29  computed upon the basis of their compensation and their years

30  of service in accordance with the following tables:

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                                      HB 1715, First Engrossed/ntc



  1         (a)  Such compensation shall be calculated by the

  2  selection from the last 5 years of service immediately

  3  preceding retirement of the best 2 of said years, thereby to

  4  arrive at the average monthly earnings of such firefighter

  5  fireman. Based upon such average monthly rate, a pension shall

  6  be paid according to the following table, to wit:

  7         (i)  75 % upon the first........$200.00 of compensation

  8             70 % upon the next..........$100.00 of compensation

  9             65 % upon any additional amount; or.

10         (ii)  If an employee retires on a normal pension

11  benefit after July 1, 1999, with 25 years of service or more,

12  the employee shall receive a benefit equal to 75 percent of

13  his or her final average monthly compensation.

14         (b)  The pension of those firefighters firemen retired

15  hereunder for cause other than disability incurred in line of

16  duty, whose period of service shall be less than 25 years,

17  shall be computed under the table set out in subsection

18  (a)(i), and after said amount shall have been so determined,

19  the sum payable shall be reduced to the percentage set

20  opposite the number of years of service shown in the following

21  schedule, to wit:

22         For 1 year of service or less.......................30%

23         For 2 years of service..............................36%

24         For 3 years of service..............................42%

25         For 4 years of service..............................48%

26         For 5 years of service..............................54%

27         For 6 years of service..............................60%

28         For 7 years of service..............................64%

29         For 8 years of service..............................66%

30         For 9 years of service..............................68%

31         For 10 years of service.............................70%


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                                      HB 1715, First Engrossed/ntc



  1         For 11 years of service.............................72%

  2         For 12 years of service.............................74%

  3         For 13 years of service.............................76%

  4         For 14 years of service.............................78%

  5         For 15 years of service.............................80%

  6         For 16 years of service.............................82%

  7         For 17 years of service.............................84%

  8         For 18 years of service.............................86%

  9         For 19 years of service.............................88%

10         For 20 years of service.............................90%

11         For 21 years of service.............................92%

12         For 22 years of service.............................94%

13         For 23 years of service.............................96%

14         For 24 years of service.............................98%

15         For 25 years of service............................100%

16         (c)  The pension of those firefighters firemen retired

17  hereunder because of a disability or injuries received in line

18  of duty, whose period of service shall be less than 25 years,

19  shall be computed under the table set out in subsection

20  (a)(i), and after said amount shall have been so determined,

21  the sum payable shall be reduced to the percentage set

22  opposite the number of years of service shown in the following

23  schedule, to wit:

24         For 1 year of service or less.......................60%

25         For 2 years of service..............................64%

26         For 3 years of service..............................68%

27         For 4 years of service..............................72%

28         For 5 years of service..............................76%

29         For 6 years of service..............................80%

30         For 7 years of service..............................82%

31         For 8 years of service..............................83%


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                                      HB 1715, First Engrossed/ntc



  1         For 9 years of service..............................84%

  2         For 10 years of service.............................85%

  3         For 11 years of service.............................86%

  4         For 12 years of service.............................87%

  5         For 13 years of service.............................88%

  6         For 14 years of service.............................89%

  7         For 15 years of service.............................90%

  8         For 16 years of service.............................91%

  9         For 17 years of service.............................92%

10         For 18 years of service.............................93%

11         For 19 years of service.............................94%

12         For 20 years of service.............................95%

13         For 21 years of service.............................96%

14         For 22 years of service.............................97%

15         For 23 years of service.............................98%

16         For 24 years of service.............................99%

17         For 25 years of service............................100%

18         (d)  Those firefighters firemen whose period of service

19  before attaining the age of 60 years shall exceed 25 years and

20  who retire with a pension calculated under subsection (a)(i)

21  shall receive an increase of 1 percent in the amount of

22  pension for each additional year or major fraction thereof;

23  and in computing any period of service, a major fraction of a

24  year shall be counted as a whole year.

25         (e)  Any duly appointed and enrolled firefighter who

26  upon the taking effect of this act, or hereafter, shall have

27  attained the age of 52 years and who retires with a pension

28  calculated under subsection (a) shall be, upon application to

29  the board of trustees, retired on a pension as in this section

30  is provided; and any such person who shall have served as a

31  duly appointed and enrolled firefighter for a period of 25


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                                      HB 1715, First Engrossed/ntc



  1  years, but who has not attained the age of 52 years, upon

  2  application to the board of trustees shall be retired on a

  3  pension as in this section provided except that the amount of

  4  such pension shall be reduced in the ratio that the

  5  applicant's age bears to 52 years. Any time spent in military

  6  or naval service, voluntary or compulsory, or other forms of

  7  national service in time of war, or within 1 year thereafter,

  8  by any person theretofore employed by said city, shall be

  9  deemed equivalent to a like period of actual service in the

10  employment of the city for the purpose of securing the

11  benefits of this act; and, further, any employee who shall be

12  laid off because of illness, reduction of force, or other

13  cause not of the employee's own doing and who shall elect not

14  to withdraw his or her contribution to the said retirement

15  fund, or to return the same if withdrawn, shall be entitled to

16  have the period of such service prior to said layoff added to

17  any subsequent service for the purpose of computing his or her

18  period of service.

19         (f)  Any person regularly employed by the City of

20  Pensacola as a duly appointed and enrolled firefighter, who

21  shall while so employed and in line of duty become totally and

22  permanently disabled to perform duties as a firefighter or who

23  shall become so disabled not in the line of duty, through no

24  intentional and self-inflicted injury, shall upon application

25  and the approval thereof by the board of trustees be entitled

26  to and shall receive a pension, to be determined in accordance

27  with the schedules above set out having regard to his or her

28  rate of pay and period of service irrespective of his or her

29  age.

30         (g)  Any firefighter employee retired under the

31  provisions of this section, or any widow or widower entitled


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                                      HB 1715, First Engrossed/ntc



  1  to a pension under this chapter, shall be entitled to receive

  2  not less than $500 per month, irrespective of the term of

  3  service, and of the results of the tables above set out. This

  4  provision is applicable to all persons who are receiving

  5  benefits from the Firefighters' Firemen's Relief and Pension

  6  Fund prior to January 1, 1986. They shall receive this benefit

  7  as of July 14, 1986.

  8         Section 6.  Chapter 74-576, Laws of Florida, as amended

  9  by chapters 85-486 and 99-463, Laws of Florida, is renumbered

10  as section 6 of chapter 21483, Laws of Florida, 1941, and

11  amended to read:

12         Section 6. 1.  Increase in benefits due to consumer

13  price index increases.--

14         (a)  A cost-of-living increase in benefits paid

15  pursuant to this act shall be given effective July 1, 1999,

16  and shall be paid annually thereafter. Each annual increase

17  shall have an effective date of July 1. All such increases

18  shall be equal to but no greater than the annual increase in

19  the Consumer Price Index (U) issued by the United States

20  Department of Labor, provided that such increase shall in no

21  event be greater than 3 percent per year. The annual CPI (U)

22  period to be used for calculation of any increase shall end in

23  March of the year of the July 1 increase. The increase in the

24  CPI (U) shall be the change in the values from April 1 to

25  March 31. In the event the United States Department of Labor

26  ceases to issue a CPI (U), the board shall utilize a current

27  CPI index that is the functional equivalent.

28         (b) Section 2.  After June 22, 1974, no person shall

29  transfer creditable service from another retirement system

30  into the Firefighters' Firemen's Relief and Pension Fund.

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                                      HB 1715, First Engrossed/ntc



  1         (c) Section 3.  The City of Pensacola, by ordinance,

  2  may permit but not require members of the Firefighters'

  3  Firemen's Relief and Pension Fund who are eligible, to

  4  participate in a Deferred Retirement Option Plan program

  5  (DROP). The ordinance may include members who are eligible to

  6  retire and to receive retirement benefits to remain in the

  7  active service of the city until a contractually fixed

  8  termination date and to have accumulated for the employee's

  9  account from the date the contract is made all benefits which

10  the employee would be eligible to begin receiving on that date

11  and to have those accumulated benefits held for the benefit of

12  the employee until the employee separates from active service.

13  Such ordinance may provide for forfeiture of the accumulated

14  benefits or other penalty if the employee does not comply with

15  the contract. However, if the employee complies in all

16  respects with the terms of the contract, the employee shall

17  receive all retirement benefits the employee would be entitled

18  to under this act upon the employee's actual retirement from

19  the active service of the city.

20         Section 7.  Section 5.5 of chapter 21483, Laws of

21  Florida, 1941, as created by chapter 83-500, Laws of Florida,

22  is renumbered as section 7, and amended to read:

23         Section 7. 5.5.  Disability pensions.--Applications,

24  determinations, awards, and re-evaluations of disability

25  pensions for firefighters firemen shall be governed by the

26  following:

27         (a)  Either a firefighter fireman, or the employer on

28  behalf of a firefighter fireman, must make application for

29  disability retirement complete with medical and other

30  evidentiary material as prescribed by the pension board.

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                                      HB 1715, First Engrossed/ntc



  1         (b)  Upon receipt of an application for disability

  2  retirement, the board of trustees shall make a determination

  3  of disability, which determination shall be final. The board

  4  of trustees shall employ the service of one or more

  5  independent, third party agents, such as, but not limited to,

  6  a health and disability claims adjusting firm, to evaluate the

  7  case and to make a report containing recommended findings and

  8  conclusion, which may be approved or disapproved, or modified

  9  in the determination of the board of trustees.

10         (c)  A firefighter will be considered totally and

11  permanently disabled if, in the opinion of the board of

12  trustees, he or she is wholly prevented from rendering useful

13  and efficient service as a firefighter; and a firefighter will

14  be considered totally and permanently disabled if, in the

15  opinion of the board of trustees, he or she is likely to

16  remain so disabled continuously and permanently from a cause

17  other than as specified in subsection (d).

18         (d)  A firefighter will not be entitled to receive any

19  disability retirement income if the disability is a result of:

20         (i)  Excessive and habitual use by the firefighter of

21  drugs, intoxicants, or narcotics;

22         (ii)  Injury or disease sustained by the firefighter

23  while willfully and illegally participating in fights, riots,

24  or civil insurrections or while committing a crime;

25         (iii)  Injury or disease sustained by the firefighter

26  while serving in any armed forces; or

27         (iv)  Injury or disease sustained by the firefighter

28  after his or her employment has terminated.

29         (e)(c)  The board of trustees, through its third party

30  agents, shall periodically re-evaluate disability pensioners

31  to determine if the condition of total and permanent


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                                      HB 1715, First Engrossed/ntc



  1  disability persists. If the pensioner has recovered

  2  sufficiently, as determined by the board so that the pensioner

  3  is no longer totally and permanently disabled to perform his

  4  or her duties as a firefighter fireman, and this determination

  5  is made within 1 year of the effective date of the award of

  6  the pension, said pensioner shall be reinstated to active

  7  service in the same rank he or she occupied prior to the award

  8  of his or her pension, and the period of such time which said

  9  firefighter fireman is out of active service because of

10  disability shall be credited as part of the period of service

11  required for final retirement. If such determination is made

12  more than 1 year after the effective date of the award of the

13  pension, the pensioner shall be placed on an eligible list to

14  be reinstated to his or her position upon the first vacancy in

15  that position. At such time as a pensioner resumes active

16  service, or at such time as a pensioner refuses to accept

17  reinstatement to active service, the payment of pension

18  benefits shall cease. No firefighter fireman who has attained

19  the age of 52 55 years or who has been in active service as a

20  firefighter fireman for 25 years, and is drawing a pension,

21  shall be restored to duty by any power or for any cause

22  whatsoever.

23         Section 8.  Section 6 of chapter 21483, Laws of

24  Florida, 1941, as amended by chapter 22434, Laws of Florida,

25  1943, and chapters 57-1713 and 86-450, Laws of Florida, is

26  renumbered as section 8, and amended to read:

27         Section 8. 6.  Automatic retirement.--Any firefighter

28  employee or person, subject to the provisions of this act

29  attaining the age of seventy (70) years shall be automatically

30  retired and shall cease to draw his or her compensation as

31  such employee, but shall become immediately entitled to the


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  1  pension or benefits provided hereby. In the event of doubt as

  2  to the attainment of such age, the Civil Service Board shall

  3  make inquiry and determine such fact after due notice to

  4  interested parties; provided that the provisions of this

  5  section shall not become operative until January 1, 1960, the

  6  former law remaining in effect until such date.

  7         Section 9.  Section 9 of chapter 57-1713, Laws of

  8  Florida, as amended by chapters 59-1723, 87-527, 89-444, and

  9  89-474, Laws of Florida, is renumbered as section 10 of

10  chapter 21483, Laws of Florida, 1941, and amended to read:

11         Section 10. 9.  Retirement after 10 years' service.--If

12  any firefighter of the City of Pensacola shall, after serving

13  as such for a period of 10 full years or becoming otherwise

14  eligible for retirement, cease to be such firefighter for any

15  cause and shall not make withdrawal of all his or her

16  contributions to the Firefighters' Firefighters Relief and

17  Pension Trust Fund as provided by law, or having withdrawn the

18  same, shall return it with 8 percent interest from the date of

19  such withdrawal, he or she shall be eligible to receive the

20  benefits equal to the amount provided in section subsection

21  5(a), multiplied by the number of years of service; for this

22  purpose only the number of years of service can be no more

23  than 25 and divided by 25 years upon attaining the age of 52

24  years or becoming eligible for retirement by length of service

25  or otherwise; his or her spouse and children shall in the

26  event of his or her death be likewise so entitled.

27         Section 10.  Section 3 of chapter 22434, Laws of

28  Florida, 1943, is renumbered as section 11 of chapter 21483,

29  Laws of Florida, and amended to read:

30         Section 11. 3.  Power to transfer other unused revenues

31  to fund.--The City of Pensacola, by resolution of the council,


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                                      HB 1715, First Engrossed/ntc



  1  is hereby empowered to transfer to the Firefighters' Firemen's

  2  Relief and Pension Fund any revenues budgeted or allocated by

  3  law or ordinance for other purposes, whenever it shall appear

  4  to the council that the same are not required for the purpose

  5  for which they were budgeted or allocated.

  6         Section 11.  Section 7 of chapter 21483, Laws of

  7  Florida, 1941, as amended by chapters 57-1713, 87-527, 89-444,

  8  and 89-474, Laws of Florida, is renumbered as section 12, and

  9  amended to read:

10         Section 12. 7.  Refunds upon termination of

11  employment.--In the event that any firefighter resigns or is

12  discharged from the service of the City of Pensacola, he or

13  she shall be entitled to a refund of all the sums he or she

14  theretofore contributed to the Firefighters' Firefighters

15  Relief and Pension Trust Fund (including "pickup"

16  contributions) and payment thereof shall be made to such

17  former firefighter employee in full satisfaction of any and

18  all claims which he or she or any person claiming by, through,

19  or under him or her may have against said fund.

20         Section 12.  Section 8 of chapter 21483, Laws of

21  Florida, as amended by chapter 24809, Laws of Florida, 1947,

22  chapter 27814, Laws of Florida, 1951, and chapters 57-1713,

23  80-580, 85-413, 85-485, and 87-527, Laws of Florida, is

24  renumbered as section 13 and amended to read:

25         Section 13. 8.  Death benefits for survivors.--

26         (a)  In the event of the death of a pensioner while he

27  or she is actually drawing a pension under the provisions of

28  this act, or in the event of the death of any person entitled

29  to the benefits of this act, who shall have been employed as a

30  firefighter duly appointed and enrolled fireman, the widow or

31  widower of such person, so long as she or he remains


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                                      HB 1715, First Engrossed/ntc



  1  unmarried, shall be paid a monthly pension equal to

  2  one-twelfth (1/12th) of seventy-five percent (75%) of the

  3  annual pension which the deceased pensioner or person so

  4  entitled was receiving or to which he or she would have been

  5  entitled in the event of retirement as of the date of his or

  6  her death, having regard to his or her period of service and

  7  rate of compensation, irrespective of his or her age, which

  8  pension shall be for the use of the said widow or widower. If

  9  the widow's or widower's pension has been terminated due to

10  remarriage and such marriage ends in the spouses's death or

11  divorce, then the widow's or widower's pension may be restored

12  by the pension board in the same amount as previously provided

13  by provisions of this act,

14         (b)  If any person eligible to the benefits of this act

15  (Article XVI), as provided in the preceding subsection, shall

16  at the time of his or her death be survived by one or more

17  legitimate children under the age of 18 years, then such

18  children shall each be entitled to receive a sum equal to 12

19  percent of the annual salary of the deceased, payable in

20  monthly installments to his or her parent or guardian for his

21  or her use, if there be also a widow or widower entitled to

22  receive a pension; but should there be no widow or widower or

23  should such widow or widower remarry, the pension of such

24  children shall be increased to 18 percent of the annual salary

25  aforesaid; provided further, that the total of such pension or

26  allowances for the widow or widower and/or children under the

27  age of 18 years shall not exceed at any time 65 percent of the

28  prevailing wage for the rank the deceased held at the time of

29  his or her death, and such allowance shall each abate

30  proportionately in accordance with such maximum limit.

31  Provided further, that any person that marries a pensioner


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                                      HB 1715, First Engrossed/ntc



  1  subsequent to her or his retirement shall be entitled to a

  2  reduced pension in proportion to the ratio that her or his

  3  cohabitation with the pensioner shall bear to 3 years. After 3

  4  years the widow or widower will than have full pension

  5  benefits. All pensions to widows or widowers or children shall

  6  be computed in accordance with the schedules set forth in this

  7  act.

  8         (c)  In the event that any firefighter shall die under

  9  circumstances that there are no survivors eligible to receive

10  benefits under this act, his or her contributions shall be

11  paid to the estate of such person to be distributed under such

12  estate laws.

13         Section 13.  Section 9 of chapter 21483, Laws of

14  Florida, 1941, as amended by chapter 26143, Laws of Florida,

15  1949, is renumbered as section 14, and amended to read:

16         Section 14. 9. Accidental death or injury benefits.--If

17  an employee shall lose his or her life or later die from

18  injuries received while in the discharge of his or her duties,

19  his or her widow or widower shall, so long as she remains

20  unmarried, be paid a monthly pension by the pension board, out

21  of the Firefighters' Firemen's Relief and Pension Fund, equal

22  to one-twelfth of seventy-five (75) percent of the annual

23  salary received by the deceased firefighter fireman at the

24  time of his or her death, which pension shall be for the use

25  of the widow or widower and the children, if any are under

26  eighteen years of age, of her or his deceased husband or wife;

27  provided that under no circumstances should the total of such

28  pension amount to more than one hundred twenty-five dollars

29  ($125.00) monthly. If such firefighter firemen at the time of

30  his or her death shall not be survived by a widow or widower

31  but shall be survived by one or more legitimate children under


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                                      HB 1715, First Engrossed/ntc



  1  the age of eighteen years, or if being survived by a widow or

  2  widower, she or he shall die before the youngest of said

  3  children shall attain the age of eighteen years, then and in

  4  either of said events children of such deceased firefighter

  5  fireman shall each be entitled to receive a sum, to be fixed

  6  in the discretion of the board of trustees, in an amount not

  7  to exceed fifteen dollars ($15.00) per month until such child

  8  shall have attained the age of eighteen years; provided,

  9  however, that the sum total allowances of children's pensions

10  under this clause shall in no event exceed the sum of

11  forty-five dollars ($45.00) per month in any one family.

12         Section 14.  Section 10 of chapter 21483, Laws of

13  Florida, 1941, is renumbered as section 15, and amended to

14  read:

15         Section 15. 10.  Benefits to widows, widowers, and

16  dependents.--If a widow or widower enjoying a pension under

17  any of the provisions of this act shall die, her or his

18  pension shall cease, and if she or he shall remarry while

19  enjoying any such pension, then and in the latter event, her

20  or his pension shall cease and shall not be paid to such widow

21  or widower; provided, however, in the event the deceased

22  firefighter employee shall be survived by one or more

23  legitimate children under the age of eighteen years at the

24  time the widow or widower shall remarry, the pension board

25  may, in its discretion, grant an amount for the support and

26  maintenance of said child or children until said child or

27  children become eighteen years of age, not to exceed ten

28  dollars ($10.00) per month for each child, in no event to

29  exceed the sum of forty dollars ($40,00) per month for any one

30  family.

31


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                                      HB 1715, First Engrossed/ntc



  1         Section 15.  Section 12 of chapter 21483, Laws of

  2  Florida, 1941, is renumbered as section 16, and amended to

  3  read:

  4         Section 16. 12.  Contributions during service-connected

  5  temporary sickness or disability.--Whenever any firefighter

  6  duly appointed member of the fire department, on account of

  7  any temporary sickness or disability caused or sustained while

  8  in the discharge of his or her duty as such member, is be

  9  confined to any hospital or to his or her bed, and shall

10  require medical and professional nursing, care, or attention,

11  the pension board may, out of the pension fund, make such

12  contribution to his or her medical and hospital or

13  professional nursing care and expenses as in the board's their

14  discretion shall be reasonable.

15         Section 16.  Section 13 of chapter 21483, Laws of

16  Florida, 1941, is renumbered as section 17, and amended to

17  read:

18         Section 17. 13.  DEATH SUPPLEMENT.--In the event of the

19  death of any pensioner while receiving a pension, or in the

20  event of the death of any firefighter duly appointed fireman,

21  the pension board may, upon the request of the next of kin of

22  the deceased, contribute out of the Firefighters' Firemen's

23  Relief and Pension Fund of said city or town, a sum not to

24  exceed two hundred dollars ($200.00) as a death supplement for

25  funeral expenses, which the pension board may in its

26  discretion discreation pay to the said next of kin or directly

27  to the undertaker. This death supplement funeral allowance,

28  however, shall be in addition to any pension allowable under

29  this act.

30         Section 17.  Section 15 of chapter 21483, Laws of

31  Florida, is renumbered as section 19, and amended to read:


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                                      HB 1715, First Engrossed/ntc



  1         Section 19. 15.  Protection of benefits from legal

  2  process.--The pensions and other benefits accrued or accruing

  3  to any person under this pension plan and the accumulated

  4  contributions and the cash securities in the funds created

  5  under this plan are exempted from any state, county, or

  6  municipal tax and shall not be subject to execution or

  7  attachment or to any legal process whatsoever, and shall be

  8  unassignable. No pension provided for shall be assignable nor

  9  shall such pension be subject to attachment, garnishment,

10  execution or to any other legal process.

11         Section 18.  Section 16 of chapter 21483, Laws of

12  Florida, 1941, is renumbered as section 20, and amended to

13  read:

14         Section 20. 16. Records to be kept by secretary of the

15  board.--The secretary of the pension board shall keep a record

16  of all persons enjoying a pension under the provisions of this

17  act, in which shall be noted the time when the pension is

18  allowed and when the same shall cease to be paid. And in this

19  book the secretary shall keep a record of all firefighters

20  firemen employed by the municipality and a record shall be

21  kept in such manner as to show the name, address, and time of

22  employment of such firefighters firemen and when such

23  firefighters firemen cease to be employed by the municipality.

24         Section 19.  Section 18 of chapter 21483, Laws of

25  Florida, 1941, as amended by chapter 87-527, Laws of Florida,

26  is renumbered as section 22, and amended to read:

27         Section 22. 18.  City Attorney to act as attorney for

28  the board.--The City Attorney shall give advice to the board

29  of trustees in all matters pertaining to its duties whenever

30  requested; and he or she shall represent and defend the board

31  as its attorney in all suits and actions at law or in equity


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                                      HB 1715, First Engrossed/ntc



  1  that may be brought against it and bring all suits and actions

  2  in its behalf that may be required that are determined upon

  3  the board. However, if the board of trustees so elects, it may

  4  employ independent legal counsel at the pension fund's expense

  5  for the purposes contained herein, together with such other

  6  professional, technical, or other advisers as the board deems

  7  necessary.

  8         Section 20.  Section 19 of chapter 21483, Laws of

  9  Florida, 1941, as amended by chapter 87-527, Laws of Florida,

10  is renumbered as section 23, and amended to read:

11         Section 23. 19.  Depositing of funds and

12  securities.--All funds and securities of the Firefighters'

13  Fireman's Relief and Pension Trust Fund may be deposited by

14  the Board of Trustees with the Director of Finance treasurer

15  of the city, acting in a ministerial capacity only, who shall

16  keep the same in a separate fund, and he or she shall be

17  liable for the safekeeping of the same, under the bond given

18  by him or her to the city, and he or she shall be liable in

19  the same manner and to the same extent as he or she is liable

20  for the safekeeping of the funds of the city.

21         Section 21.  Section 20 of chapter 21483, Laws of

22  Florida, 1941, as amended by chapters 57-1713, 63-1774,

23  77-630, and 99-463, Laws of Florida, is renumbered as section

24  24, and amended to read:

25         Section 24. 20.  Benefits supplemental to workers'

26  compensation; diseases deemed contracted in line of duty.--

27         (1)  If any firefighter employee eligible for the

28  benefits of this act shall die under such circumstances as to

29  entitle his or her widow or widower or children to benefits

30  hereunder, such widow, widower, or children shall be entitled

31  to receive such benefits payable to them or any of them; and


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                                      HB 1715, First Engrossed/ntc



  1  in the event of disability of any pensioner, the pensioner

  2  shall be entitled to such pension as is hereby provided.

  3  However, effective January 1, 2000, the total of the pension

  4  and workers' compensation benefits, not to include benefits

  5  provided as a reimbursement of medical costs incurred as the

  6  result of the compensable injury, shall not exceed 100 percent

  7  of the firefighter's employee's average monthly salary. Should

  8  the total of the benefits exceed 100 percent of the average

  9  monthly salary, the pension benefit shall be reduced so as not

10  to cause the total pension and workers' compensation benefit

11  to exceed 100 percent. In the event a firefighter an employee

12  eligible for benefits under this act receives a lump-sum

13  settlement of a workers' compensation disability claim, the

14  benefits received shall be prorated over a 10-year projected

15  period for the purposes of the offset of any benefit in excess

16  of 100 percent. For the purpose of this part, workers'

17  compensation disability benefits are primary and the

18  Firefighters' Relief Firemen's Rescue and Pension Fund

19  benefits are secondary. Since pension benefits are secondary,

20  the pension benefits shall be reduced in order to observe the

21  cap.  No reduction of benefits shall be implemented until a

22  firefighter an employee eligible for the benefits under this

23  act realizes the other benefit sources, workers' compensation

24  disability benefits. The firefighter employee eligible for

25  benefits must advise the plan administrator of the receipt of

26  benefits from a primary source, workers' compensation

27  disability benefits, within 3 days after the incipient receipt

28  of the benefits. Any cost-of-living adjustment as provided by

29  chapter 74-576, Laws of Florida, as amended by chapter 99-463,

30  Laws of Florida, and this act, shall be calculated on the full

31  benefit, prior to the offset.


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                                      HB 1715, First Engrossed/ntc



  1         (2)  Any condition or impairment of health of a

  2  firefighter fireman caused by lung diseases, hypertension,

  3  heart disease, or hardening of the arteries resulting in total

  4  or partial disability or death shall be presumed to have been

  5  accidential and suffered in the line of duty unless the

  6  contrary be shown by competent evidence, provided, however,

  7  that such firefighter fireman shall have successfully passed a

  8  physical examination before entering into such service, which

  9  examination failed to reveal any evidence of such condition.

10         Section 22.  Section 1 of chapter 31158, Laws of

11  Florida, 1955, is renumbered as section 26 of chapter 21483,

12  Laws of Florida, 1941, and amended to read:

13         Section 26. 1.  Compiling employment periods for

14  purposes of continuous service.--Whenever it is now provided

15  by law that a firefighter has been employed duly appointed and

16  enrolled fireman, whether continuously or discontinuously, for

17  the required total period, and he or she shall be entitled to

18  add together such periods of discontinuous service to secure

19  the benefits now granted for continuous service of a like

20  period; provided, however, that before such firefighter

21  fireman may take advantage of this provision, if he or she

22  shall have withdrawn the contributions or any part thereof

23  theretofore paid by him or her into the Firefighters'

24  Firemen's Relief and Pension Fund, he or she shall return to

25  the said fund such sum so withdrawn, and shall do so within a

26  period of six (6) months next succeeding the beginning of his

27  or her last period of employment, or, if he or she be now in

28  such last period, shall repay the said sum within one year

29  after the effective date of this act.

30         Section 23.  Section 28 is added to chapter 21483, Laws

31  of Florida, 1941, to read:


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                                      HB 1715, First Engrossed/ntc



  1         Section 28.  Rollover distributions.--Notwithstanding

  2  any provision of the Firefighters' Relief and Pension Fund to

  3  the contrary that would otherwise limit a firefighter's or

  4  retired firefighter's election (or such deceased individual's

  5  surviving spouse's election) under this fund, such firefighter

  6  or retired firefighter, or such deceased individual's

  7  surviving spouse, may elect, at the time and in the manner

  8  prescribed by the plan administrator, to have any portion of

  9  an eligible rollover distribution paid directly to an eligible

10  retirement plan specified by such pensioner in a direct

11  rollover.

12         Section 24.  Section 29 is added to chapter 21483, Laws

13  of Florida, 1941, to read:

14         Section 29.  Additional benefits required by law.--To

15  the extent that the City of Pensacola, as an employer of

16  firefighters and plan sponsor, may be required by law to

17  provide additional benefits to firefighters employed by the

18  city, or their beneficiaries, those additional benefits may be

19  provided by ordinance.

20         Section 25.  Section 30 is added to chapter 21483, Laws

21  of Florida, 1941, to read:

22         Section 30.  Definitions.--The following words and

23  phrases have the following meanings:

24         (a)  "Compensation," "salary," and "earnings" mean the

25  wages paid to a firefighter, longevity pay, overtime pay,

26  station or watch captain pay, special duty pay, in-service

27  sick leave redemption pay (when paid), bonuses, lump-sum

28  payments not paid at termination, inclusive of

29  employee-elective salary reductions or deferrals to any salary

30  reduction, deferred compensation, or tax-sheltered annuity

31  program authorized under the Internal Revenue Code if the


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                                      HB 1715, First Engrossed/ntc



  1  firefighter would receive those reductions or deferrals if he

  2  or she were not participating in such program, and any other

  3  payments required by law to be included in pension

  4  calculations.

  5         (b)  "Deferred Retirement Option Plan" or "DROP" means

  6  a retirement option in which a firefighter may elect to

  7  participate, under which a firefighter may retire for all

  8  purposes of the plan and defer receipt of retirement benefits

  9  into a DROP account while continuing employment with the city.

10         (c)  "Direct rollover" means a payment by the

11  Firefighters' Relief and Pension Fund to the eligible

12  retirement plan specified by the firefighter or retired

13  firefighter or such deceased individual's surviving spouse.

14         (d)  "Eligible retirement plan" means an individual

15  retirement account described in section 408(a) of the Internal

16  Revenue Code of 1986, an individual retirement annuity

17  described in section 408(b) of the Internal Revenue Code of

18  1986, an annuity plan described in section 403(a) of the

19  Internal Revenue Code of 1986, or a qualified trust described

20  in section 401(a) of the Internal Revenue Code of 1986 that

21  accepts the firefighter's or retired firefighter's eligible

22  rollover distribution. However, in the case of an eligible

23  rollover distribution to the surviving spouse of a deceased

24  firefighter or deceased retired firefighter, an eligible

25  retirement plan is an individual retirement account or

26  individual retirement annuity.

27         (e)  "Eligible rollover distribution" means any

28  distribution of all or any portion of the balance to the

29  credit of the firefighter or retired firefighter, except that

30  an eligible rollover distribution does not include:  any

31  distribution that is one of a series of substantially equal


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                                      HB 1715, First Engrossed/ntc



  1  periodic payments (not less frequently than annually) made for

  2  the life (or life expectancy) of the firefighter or retired

  3  firefighter or the joint lives (or joint life expectancies) of

  4  the firefighter or retired firefighter and such individual's

  5  designated beneficiary, or for a specified period of ten years

  6  or more; any distribution to the extent such distribution is

  7  required under section 401(a)(9) of the Internal Revenue Code

  8  of 1986; and the portion of any distribution that is not

  9  includable in gross income.

10         (f)  "Enrolled actuary" means an actuary who is

11  enrolled under Subtitle C of Title III of the Employee

12  Retirement Income Security Act of 1974 and who is a member of

13  the Society of Actuaries or the American Academy of Actuaries.

14         (g)  "Firefighter" means any person employed by the

15  City of Pensacola fire department who is certified as a

16  firefighter as a condition of employment in accordance with

17  the provisions of s. 633.35, Florida Statutes, and whose duty

18  it is to extinguish fires, to protect life, or to protect

19  property.

20         (h)  "Retiree" or "retired firefighter" means a

21  firefighter who has entered retirement status. A firefighter

22  who enters a DROP created by the City of Pensacola for

23  firefighters shall be considered a retiree for all purposes of

24  the Firefighters' Relief and Pension Fund.

25         (i)  "Retirement" means a firefighter's separation from

26  city employment as a firefighter with the immediate

27  eligibility for receipt of benefits under the Firefighters'

28  Relief and Pension Fund, including entry into a Deferred

29  Retirement Option Plan.

30         Section 26.  All laws or parts of laws in conflict

31  herewith are repealed.


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  1         Section 27.  This act shall take effect upon becoming a

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