House Bill 1719er

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  1

  2         An act relating to the General Pension and

  3         Retirement Fund of the City of Pensacola,

  4         Escambia County; amending chapter 99-474, Laws

  5         of Florida; redefining "salary"; revising

  6         membership requirements and exclusions;

  7         revising provisions of eligible rollover

  8         distributions; revising provisions providing

  9         for separation from service and reemployment;

10         revising provisions relating to normal

11         retirement with 20 or more years of credited

12         service; revising provisions providing for

13         early retirement at 25 years of credited

14         service; revising provisions providing for

15         normal retirement with less than 20 years of

16         credited service; revising provisions providing

17         for disability injury or illness in the line of

18         duty and for disability injury or illness not

19         in the line of duty; revising provisions

20         relating to other benefit provisions; providing

21         for election of members to participate in other

22         defined benefit pension plans; providing for

23         additional benefits; providing for repeal of

24         conflicting laws; providing an effective date.

25

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

27

28         Section 1.  Subsection (29) of section 2 of chapter

29  99-474, Laws of Florida, is amended to read:

30

31


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  1         Section 2.  Definitions.--The words and phrases as used

  2  in this act shall have the following meanings unless a

  3  different meaning is plainly required by the context:

  4         (29)  Salary.--The total cash remuneration paid to the

  5  member of the plan by the city for services rendered before

  6  all pretax, salary deferral, or salary reduction contributions

  7  made to the General Pension and Retirement Fund on behalf of

  8  the general pension plan member under section 404(h)(2) of the

  9  Internal Revenue Code and any code section 457 plan and

10  section 125 plan of the city. Unless otherwise provided by the

11  city council, "salary" shall exclude any educational incentive

12  pay, field training pay, certificate pay, specialized duty

13  pay, pistol qualifications pay, clothing allowance, education

14  benefit, accumulated sick leave pay at retirement, accumulated

15  vacation pay at retirement, shift differential pay,

16  nonsubstantiated business expenses, noncash benefits such as

17  employer-provided vehicles, or any other city-provided

18  benefit, severance pay, or similar lump-sum payment made upon

19  separation of service, and any other pay excluded by the city

20  council.

21         Section 2.  Section 7 of chapter 99-474, Laws of

22  Florida, is amended to read:

23         Section 7.  Membership requirements and exclusions.--

24         (1)  All permanent full-time employees of the city

25  automatically become, upon employment, members of the General

26  Pension and Retirement Fund of the city, except that the city

27  may by ordinance amend or revise the foregoing membership

28  criteria in the General Pension and Retirement Fund, provided,

29  however, that in no event shall the following be permitted to

30  participate in the General Pension and Retirement Fund:

31


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  1         (1)(a)  Employees Members of the fire department of the

  2  city who are eligible to participate in under the

  3  Firefighters' Firemen's Relief and Pension Fund.

  4         (2)(b)  Any officer or employee of the police

  5  department hired on or after October 1, 1979, who is eligible

  6  to participate in the Police Officers' Retirement Fund of the

  7  city.

  8         (3)(c)  City fire and police department public safety

  9  cadets.

10         (4)(d)  All permanent full-time employees of the city

11  hired prior to October 6, 1997, making an election not to

12  participate in the plan and having continuous service from

13  October 6, 1997, until retirement.

14         (5)(e)  Any individual who is drawing a normal

15  retirement or early retirement benefit and who is subsequently

16  reemployed by the city. Such individual shall not be eligible

17  for current participation in the plan and shall continue to

18  draw a pension benefit from the plan.

19         (6)(f)  Elected officials of the city.

20         (7)  Any employee hired on or after October 18, 1999,

21  who is eligible for membership in another of the city's

22  defined benefit pension plans.

23         (8)  All employees who participate in another of the

24  city's defined benefit pension plans except for employees

25  hired prior to October 1, 1979, who have continuously

26  participated in this plan and the Police Officers' Retirement

27  Fund.

28         (2)  As a condition of eligibility of such employees to

29  credit toward future retirement benefits based upon prior

30  years of service as an employee of the city, there shall be

31  paid to the fund or transferred from qualified plans


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  1  maintained by the city or other qualified retirement plans an

  2  amount determined by the plan administrator to be sufficient

  3  to cover such prior years of service at 8 percent interest

  4  compounded annually. However, the plan from which such funds

  5  are transferred must permit the transfer to be made and the

  6  transfer must not jeopardize the tax-exempt status of this

  7  plan or create adverse tax consequences for the city.

  8         Section 3.  Section 10 of chapter of 99-474, Laws of

  9  Florida, is amended to read:

10         Section 10.  Eligible rollover distributions.--

11         (1)  For distributions made on or after January 1,

12  1993, notwithstanding any provision of the plan to the

13  contrary that would otherwise limit a distributee's election

14  under this section, a distributee may elect, at the time and

15  in the manner prescribed by the plan administrator rules and

16  regulations of the board, to have any portion of any eligible

17  rollover distribution paid directly to an eligible retirement

18  plan specified by the distributee in a direct rollover.

19         (2)  The following words and phrases, as used in this

20  section, shall have the following meanings unless a different

21  meaning is plainly required by the context:

22         (a)  Eligible rollover distribution.--An eligible

23  rollover distribution is any distribution of all or any

24  portion of the balance of the General Pension and Retirement

25  Fund to the credit of the distributee. Eligible rollover

26  distribution, however, does not include:

27         1.  Any distribution that is one of a series of

28  substantially equal periodic payments, not less frequently

29  than annually, made for the life, or life expectancy, of the

30  distributee or the joint lives, or joint life expectancies, of

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  1  the distributee and the distributee's designated beneficiary,

  2  or for a specified period of 10 years or more.

  3         2.  Any distribution to the extent such distribution is

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

  5  of 1986, as amended.

  6         3.  The portion of any distribution that is not

  7  includable in gross income (determined without regard to the

  8  exclusion for net unrealized appreciation with respect to

  9  employer securities) of the distributee, such as that portion

10  of a distribution attributable to employee after-tax

11  contributions to the plan.

12         (b)  Eligible retirement plan.--An eligible retirement

13  plan is an individual retirement account described in section

14  408(a) of the Internal Revenue Code, an individual retirement

15  annuity described in section 408(b) of the code, an annuity

16  plan described in section 403(a) of the code, or a qualified

17  trust described in section 401(a) of the code that accepts the

18  distributee's eligible rollover distribution. However, in the

19  case of an eligible rollover distribution to the surviving

20  spouse, an eligible retirement plan is an individual

21  retirement account or individual retirement annuity.

22         (c)  Distributee.--A distributee includes an employee

23  or former employee who receives any distributions from the

24  General Pension and Retirement Fund. In addition, the

25  employee's or former employee's surviving spouse and the

26  employee's or former employee's spouse or former spouse who is

27  the alternate payee under a qualified domestic relations

28  order, as defined in section 414(p) of the Internal Revenue

29  Code, are distributees with regard to the interest of the

30  spouse or former spouse.

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  1         (d)  Direct rollover.--A direct rollover is a payment

  2  by the plan to the eligible retirement plan specified by the

  3  distributee.

  4         Section 4.  Subsections (1) and (2) of section 13 of

  5  chapter 99-474, Laws of Florida, are amended to read:

  6         Section 13.  Separation from service and

  7  reemployment.--

  8         (1)  Former members of the plan.--Any employee who has

  9  separated from employment with the city for any reason except

10  normal retirement or early retirement, hereinafter referred to

11  as "nonemployment," and who withdrew his or her contribution

12  to the plan, shall upon reemployment, if within 10 years after

13  the last separation date, be entitled to buy back his or her

14  prior service years under the plan for the purpose of

15  computing the period of service under the plan. The employee

16  shall not be entitled to buy back periods of nonemployment

17  except as provided by section 14 of this act. Upon

18  reemployment, if the employee elects to repay the

19  contributions or to transfer funds from qualified plans

20  maintained by the city, or other qualified retirement plans

21  upon reemployment, he or she shall have 6 months from the

22  reemployment date to repay the withdrawn contributions plus 8

23  percent interest compounded annually from the date of

24  withdrawal. However, the plan from which such funds are

25  transferred must permit the transfer to be made and the

26  transfer must not jeopardize the tax-exempt status of this

27  plan or create adverse tax consequences for the city.

28         (2)  Former nonmembers of the plan.--Any employee who

29  has separated from employment, hereinafter referred to as

30  "nonemployment," with the city for any reason, who has never

31  been a member of the General Pension and Retirement Fund, and


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  1  who is reemployed within 10 years after the last separation

  2  date may elect to have his or her eligible prior service years

  3  added to his or her subsequent service for the purpose of

  4  computing the period of service under the plan. The employee

  5  shall not be entitled to buy back periods of nonemployment

  6  except as provided by section 14 of this act. Service years

  7  eligible for another city-defined benefit plan shall not be

  8  included in the calculation of the period of service under the

  9  General Pension and Retirement Fund. The employee shall have 6

10  months from the date of reemployment to pay or transfer funds

11  from qualified plans maintained by the city, or other

12  qualified retirement plans, an amount determined by the plan

13  administrator to be sufficient to cover such period of

14  eligible prior service years at 8 percent interest compounded

15  annually. However, the plan from which such funds are

16  transferred must permit the transfer to be made and the

17  transfer must not jeopardize the tax-exempt status of this

18  plan or create adverse tax consequences for the city.

19         Section 5.  Section 17 of chapter 99-474, Laws of

20  Florida, is amended to read:

21         Section 17.  Normal retirement with 20 or more years of

22  credited service under the plan.--

23         (1)  All members of the plan who have attained the age

24  of 55 years who have at least 20 credited service years under

25  the plan or, effective October 1, 1999, who regardless of age

26  have 30 credited service years preceding the date of

27  application for retirement may apply for and be entitled to

28  benefits under the provisions of this act. In calculating the

29  years of service under the plan, a major fraction of a year

30  shall be computed as a whole year. A member of the plan must

31  be separated from the employment of the city to receive a


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  1  pension under the plan pursuant to this section, except as

  2  otherwise provided for in section 27.

  3         (2)  If any member of the plan has not attained the age

  4  of 55 years after a period of 20 credited service years under

  5  the plan and does not make withdrawal of funds from the

  6  General Pension and Retirement Fund, such employee shall be

  7  eligible to receive a pension after attaining the age of 55

  8  years. It is the intent of this provision that said member

  9  shall of the plan must have a vested right to said pension. A

10  major fraction of a year of credited service shall be computed

11  as a whole year for the purpose of vesting rights.

12         (3)  For the purpose of determining the monthly pension

13  of an employee:

14         (a)  The General Pension and Retirement Fund of the

15  city shall pay to each member of the plan retired hereafter,

16  whose credited service years under the plan are not less than

17  20 years and who has attained the age of 55 years or,

18  effective October 1, 1999, who regardless of age has 30

19  credited service years, a pension which has as its basis for

20  calculation the selection of the best 2 years out of the last

21  5 years immediately preceding retirement, and thereby arrive

22  at the average monthly salary of such member. Based upon such

23  average monthly salary, a pension shall be paid according to

24  the following table:

25

26         75% upon the first.........................$200

27         50% upon the next..........................$100

28         40% upon all in excess thereof; and

29

30         (b)  Any employee who has attained 20 credited years of

31  service under the plan and who elects to remain employed after


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  1  reaching 55 years of age shall upon retirement be entitled to

  2  all of the rights and benefits provided for in this act, and,

  3  in addition, the monthly pension shall be increased by 1

  4  percent for each year of credited service between the age of

  5  55 years and the actual age of retirement, but not for any

  6  year beyond the age of 70; or

  7         (c)  The monthly pension for a member of the plan who

  8  retires on or after July 1, 1988, shall be equal to 2 percent

  9  of the average monthly salary of the member during the best 2

10  years out of the last 5 years immediately preceding retirement

11  times the number of years of credited service under the plan

12  not in excess of 30 credited service years, unless the

13  payments would be greater if calculated by the applicable

14  formulas set forth above in this subsection; or.

15         (d)  The monthly pension for a member of the plan who

16  retires on or after July 1, 2000, shall be equal to 2.1

17  percent of the average monthly salary of the member during the

18  best 2 years out of the last 5 years immediately preceding

19  retirement times the number of years of credited service under

20  the plan not in excess of 30 credited service years, unless

21  the payments would be greater if calculated by the applicable

22  formulas set forth above in this section.

23         (4)  The monthly pension shall in no event be less than

24  $25 for each year of credited service under the plan not in

25  excess of 20 years.

26         Section 6.  Section 18 of chapter 99-474, Laws of

27  Florida, is amended to read:

28         Section 18.  Early retirement at 25 years of credited

29  service, having attained the age of 45 years.--

30         (1)(a)  Any member of the plan who has 25 credited

31  service years under the plan prior to attaining the age of 55


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  1  years may retire at any time after reaching the age of 45

  2  years and receive a reduced pension, which shall have as its

  3  basis for calculation the selection of the best 2 years out of

  4  the last 5 years immediately preceding retirement, and thereby

  5  arrive at the average monthly salary of such member. A major

  6  fraction of a year of credited service under the plan shall be

  7  computed as a whole year. A member of the plan must be

  8  separated from the employment of the city to receive a pension

  9  under the plan pursuant to this section, except as otherwise

10  provided for in section 27. Based upon such average monthly

11  salary, a pension shall be paid according to the following

12  table:

13

14         75% upon the first.........................$200

15         50% upon the next..........................$100

16         40% upon all in excess thereof; or

17

18         (b)  The monthly pension for a member of the plan who

19  retires on or after July 1, 1988, shall be equal to 2 percent

20  of the average monthly salary of the member during the best 2

21  years out of the last 5 years immediately preceding retirement

22  times the number of years of credited service under the plan

23  not in excess of 30 years, unless the payments would be

24  greater if calculated by the formula set forth above.

25         (2)  After said amount has been determined, the sum

26  payable shall be adjusted by the following factors for early

27  retirement as may be applicable to the member's age at the

28  time of retirement:

29

30                        Retirement Factors

31


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  1

  2           Age at retirement                Factor

  3

  4                55                          1.000

  5                54                           .928

  6                53                           .856

  7                52                           .784

  8                51                           .730

  9                50                           .676

10                49                           .622

11                48                           .586

12                47                           .550

13                46                           .514

14                45                           .478

15

16         (3)  The monthly pension shall in no event be less than

17  $25 for each year of credited service not in excess of 20

18  years.

19         (4)(a)  Notwithstanding subsections (1)(b) and (2),

20  effective July 1, 2000, the monthly pension for a member of

21  the plan who retires on or after July 1, 2000, shall be equal

22  to 2.1 percent of the average monthly salary of the member

23  during the best 2 years out of the last 5 years immediately

24  preceding retirement times the number of years of credited

25  service under the plan not in excess of 30 credited service

26  years, unless the payments would be greater if calculated by

27  the applicable formulas set forth above in this section.

28         (b)  After said amount has been determined, the sum

29  payable shall be adjusted by the following factors for early

30  retirement as may be applicable to the member's age at the

31  time of retirement if less than the age of 55, or the member's


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  1  years of credited service if less than 30 years but greater

  2  than 25 years, whichever will provide the greater benefit:

  3

  4                     Retirement Factors (Age)

  5

  6

  7           Age at retirement                Factor

  8

  9                55                          1.00

10                54                           .97

11                53                           .94

12                52                           .91

13                51                           .88

14                50                           .85

15                49                           .82

16                48                           .79

17                47                           .76

18                46                           .73

19                45                           .70

20                44                           .67

21                43                           .64

22                42                           .61

23                41                           .58

24

25                    Retirement Factors (Years)

26

27

28           Years of Service                 Factor

29

30                30                          1.00

31                29                           .97


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  1                28                           .94

  2                27                           .91

  3                26                           .88

  4                25                           .85

  5         Section 7.  Section 19 of chapter 99-474, Laws of

  6  Florida, is amended to read:

  7         Section 19.  Normal retirement with less than 20 years

  8  of credited service under the plan.--After a period of 10

  9  credited years of service under the plan, any member of the

10  plan not having made withdrawal of funds from the General

11  Pension and Retirement Fund shall be eligible to receive a

12  pension upon attaining the age of 60 years. Said member of the

13  plan shall have a vested right to said pension. However, any

14  member of the plan leaving employment must have a period of

15  not less than 10 credited service years under the plan in

16  order to obtain a vested interest and right to pension

17  benefits. A major fraction of a year of credited service shall

18  not be computed as a whole year for the purpose of vesting

19  rights. A member of the plan must be separated from the

20  employment of the city to receive a pension under the plan

21  pursuant to this section, except as otherwise provided for in

22  section 27.

23         (1)(a)  The General Pension and Retirement Fund of the

24  city shall pay to those members of the plan with less than 20

25  credited service years under the plan a pension which shall

26  have as its basis for calculation the selection of the best 2

27  years out of the last 5 years immediately preceding

28  retirement, and thereby arrive at the average monthly salary

29  of such member. A major fraction of a year of credited service

30  under the plan shall be computed as a whole year. Based upon

31


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  1  such average monthly salary, a pension shall be paid according

  2  to the following table:

  3

  4         75% upon the first.........................$200

  5         50% upon the next..........................$100

  6         40% upon all in excess thereof; and

  7

  8         (b)  After said amount has been determined, the sum

  9  payable shall be reduced to the percentage set opposite the

10  number of years of credited service shown in the following

11  schedule:

12

13         For 10 years of service.....................60%

14         For 11 years of service.....................63%

15         For 12 years of service.....................66%

16         For 13 years of service.....................69%

17         For 14 years of service.....................72%

18         For 15 years of service.....................75%

19         For 16 years of service.....................80%

20         For 17 years of service.....................85%

21         For 18 years of service.....................90%

22         For 19 years of service.....................95%

23

24         (2)  The monthly pension shall in no event be less than

25  $25 for each year of credited service under the plan not in

26  excess of 20 years.

27         Section 8.  Subsection (1) of section 21 of chapter

28  99-474, Laws of Florida, is amended to read:

29         Section 21.  Disability injury or illness in line of

30  duty.--If any member of the plan, due to injury or illness in

31  the line of duty, makes application for retirement and is


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  1  entitled to the benefits under this act, the General Pension

  2  and Retirement Fund of the city shall pay according to the

  3  following schedule:

  4         (1)(a)  The General Pension and Retirement Fund of the

  5  city shall pay to each member of the plan retired hereafter

  6  because of injury or illness in the line of duty, whose period

  7  of credited service under the plan is not less than 20 years,

  8  a pension which has as its basis for calculation the selection

  9  of the best 2 years out of the last 5 years immediately

10  preceding retirement, and thereby arrive at the average

11  monthly salary of such member. Based upon such average monthly

12  salary, a pension shall be paid according to the following

13  table:

14

15         75% upon the first.........................$200

16         50% upon the next..........................$100

17         40% upon all in excess thereof; and

18

19         (b)  Any employee who has attained 20 years of credited

20  service under the plan and who elects to remain employed after

21  reaching 55 years of age shall upon disability retirement be

22  entitled to all of the rights and benefits provided for in

23  this act, and, in addition, the monthly pension shall be

24  increased by 1 percent for each year of service between the

25  age of 55 years and the actual age of disability retirement,

26  but not for any year beyond the age of 70; or

27         (c)  The monthly pension for a member of the plan who

28  retires on or after July 1, 1988, shall be equal to 2 percent

29  of the average monthly salary of the member during the best 2

30  years out of the last 5 years immediately preceding disability

31  retirement times the number of years of credited service under


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  1  the plan not in excess of 30 years, unless the payments would

  2  be greater if calculated by the applicable formulas set forth

  3  above in this section; or.

  4         (d)  The monthly pension for a member of the plan who

  5  retires on or after July 1, 2000, shall be equal to 2.1

  6  percent of the average monthly salary of the member during the

  7  best 2 years out of the last 5 years immediately preceding

  8  retirement times the number of years of credited service under

  9  the plan not in excess of 30 credited service years, unless

10  the payments would be greater if calculated by the applicable

11  formulas set forth above in this section.

12         Section 9.  Section 23 of chapter 99-474, Laws of

13  Florida, is amended to read:

14         Section 23.  Disability injury or illness not in the

15  line of duty.--

16         (1)  If any member of the plan who, due to injuries or

17  illness not in the line of duty, makes application for

18  disability retirement and is entitled to the benefits under

19  this act, the General Pension and Retirement Fund of the City

20  of Pensacola shall pay according to the following schedule. In

21  computing the number of years of credited service under the

22  plan, a major fraction of a year shall be computed as a whole.

23  The disability benefits provided for shall be in addition to

24  any other benefits payable.

25         (2)(1)(a)  The General Pension and Retirement Fund of

26  the city shall pay to each member of the plan retired

27  hereafter because of injuries or illness not in the line of

28  duty, whose period of credited service is not less than 20

29  years, a pension which has as its basis for calculation the

30  selection of the best 2 years out of the last 5 years

31  immediately preceding retirement, and thereby arrive at the


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  1  average monthly salary of such member. Based upon such average

  2  monthly salary, a pension shall be paid according to the

  3  following table:

  4

  5         75% upon the first.........................$200

  6         50% upon the next..........................$100

  7         40% upon all in excess thereof; and

  8

  9         (b)  Any employee who has attained 20 years of credited

10  service under the plan and who elects to remain employed after

11  reaching 55 years of age shall upon retirement be entitled to

12  all of the rights and benefits provided in this act, and, in

13  addition, the monthly pension shall be increased by 1 percent

14  for each year of credited service between the age of 55 years

15  and the actual age of retirement, but not for any year beyond

16  the age of 70; or

17         (c)  The monthly pension for a member of the plan who

18  retires on or after July 1, 1988, shall be equal to 2 percent

19  of the average monthly salary of the member during the best 2

20  years out of the last 5 years immediately preceding retirement

21  times the number of years of credited service under the plan

22  not in excess of 30 years, unless the payments would be

23  greater if calculated by the applicable formulas set forth

24  above in this section; or.

25         (d)  The monthly pension for a member of the plan who

26  retires on or after July 1, 2000, shall be equal to 2.1

27  percent of the average monthly salary of the member during the

28  best 2 years out of the last 5 years immediately preceding

29  retirement times the number of years of credited service under

30  the plan not in excess of 30 credited service years, unless

31


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    2000 Legislature                                       HB 1719



  1  the payments would be greater if calculated by the applicable

  2  formulas set forth above in this section.

  3         (3)(2)(a)  The General Pension and Retirement Fund of

  4  the city shall pay to those members of the plan retired

  5  hereafter because of injury or illness not in the line of

  6  duty, whose period of credited service under the plan is less

  7  than 20 years, a pension which has as its basis for

  8  calculation the selection of the best 2 years out of the last

  9  5 years immediately preceding retirement, and thereby arrive

10  at the average monthly salary of such member. Based upon such

11  average monthly salary, a pension shall be paid according to

12  the following table:

13

14         75% upon the first.........................$200

15         50% upon the next..........................$100

16         40% upon all in excess thereof; and

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18         (b)  After said amount has been determined, the sum

19  payable shall be reduced to the percentage set opposite the

20  number of years of credited service shown in the following

21  schedule:

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23         For 10 years of service.....................60%

24         For 11 years of service.....................63%

25         For 12 years of service.....................66%

26         For 13 years of service.....................69%

27         For 14 years of service.....................72%

28         For 15 years of service.....................75%

29         For 16 years of service.....................80%

30         For 17 years of service.....................85%

31         For 18 years of service.....................90%


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    ENROLLED

    2000 Legislature                                       HB 1719



  1         For 19 years of service.....................95%

  2

  3         (4)(3)  The monthly pension shall in no event be less

  4  than $25 for each year of credited service under the plan not

  5  in excess of 20 years.

  6         (5)(4)  In the event any member of the plan with less

  7  than 10 years of credited service under the plan becomes

  8  totally or partially disabled not in the line of duty and such

  9  member is disabled to such an extent that he or she cannot

10  properly discharge the duties of his or her employment, such

11  member shall receive, in lieu of a pension, a refund of the

12  total amount of his or her contributions to the General

13  Pension and Retirement Fund. A major fraction of a year of

14  credited service shall not be computed as a whole year for the

15  purpose of vesting rights.

16         (a)  The maximum amount of a refund of contributions

17  shall equal the amount of contributions by the member of the

18  plan less any amount of pension benefit received by the member

19  of the plan.

20         (b)  Distribution election and distribution of a refund

21  of contributions shall be made within 90 days after

22  eligibility. If no election is made, distribution shall be in

23  a lump-sum payment.

24         (c)  Any refund of the member's contributions under

25  this act shall be in full satisfaction of any and all claims

26  by any person against the General Pension and Retirement Fund.

27         Section 10.  Paragraph (b) of subsection (2) of section

28  24 of chapter 99-474, Laws of Florida, is amended to read:

29         Section 24.  Other benefit provisions.--

30         (2)  In the event of the death of an individual

31  eligible to receive benefits under this act, his or her


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    ENROLLED

    2000 Legislature                                       HB 1719



  1  dependents or beneficiaries shall become immediately entitled

  2  to the benefits herein provided.

  3         (b)  If there is no surviving spouse or eligible

  4  dependent children, then the member's beneficiary, if any, A

  5  beneficiary shall be entitled only to a refund of the

  6  contributions of the deceased member of the plan.

  7         1.  The maximum amount of a refund of contributions

  8  shall equal the amount of contributions by the member of the

  9  plan less any amount of pension benefit received by the member

10  of the plan and/or the member's dependents.

11         2.  Distribution election and distribution of a refund

12  of contributions shall be made within 90 days after

13  eligibility. If no election is made, distribution shall be in

14  a lump-sum payment.

15         3.  Any refund of the member's contributions under this

16  act shall be in full satisfaction of any and all claims by any

17  person against the General Pension and Retirement Fund.

18         Section 11.  Section 31 of chapter 99-474, Laws of

19  Florida, is created to read:

20         Section 31.  Election of members to participate in

21  other defined benefit pension plans.--

22         (1)  On or after October 18, 1999, if a member of this

23  plan elects to participate in another of the city's defined

24  benefit pension plans, contributions to this plan required

25  under sections 32 and 33 shall cease. If such an election is

26  made, nonvested members of the plan shall receive a refund of

27  their contributions. Vested members may receive a refund of

28  contributions in lieu of a future pension benefit or they may

29  leave their contributions in the plan with their pension

30  commencing as otherwise provided for herein. In such case, the

31


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    2000 Legislature                                       HB 1719



  1  pension benefit shall be calculated at the time contributions

  2  cease and further benefits shall not accrue.

  3         (2)  Members of the plan as described in subsection

  4  (1), who remain in the employment of the city, and who once

  5  again become eligible to participate in this plan, shall be

  6  entitled to the benefits provided in section 13.

  7         Section 12.  Section 37 of chapter 99-474, Laws of

  8  Florida, is created to read:

  9         Section 37.  Additional benefits.--The city may by

10  ordinance increase the benefits of the members of the plan.

11         Section 13.  All laws or parts of laws in conflict

12  herewith are hereby repealed.

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

14  law.

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