House Bill 1805e1

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                                          HB 1805, First Engrossed



  1                      A bill to be entitled

  2         An act relating to the City of Tampa,

  3         Hillsborough County, and particularly to the

  4         City Pension Fund for Firefighters and Police

  5         Officers in the City of Tampa; authorizing the

  6         City of Tampa to enter into a supplemental

  7         contract with certain firefighters and police

  8         officers to provide for compliance with the

  9         minimum standards and benefits with respect to

10         pension funds provided under chapters 175 and

11         185, Florida Statutes; confirming in part the

12         City of Tampa Firefighters and Police Officers

13         Pension Contract; providing an effective date.

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

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17         Section 1.  The City of Tampa is authorized and

18  empowered to enter into a supplemental contract with each

19  firefighter or police officer who became an active or

20  contributing member of the City Pension Fund for Firefighters

21  and Police Officers in the City of Tampa on or after October

22  16, 1992, or who hereafter enters into a pension contract with

23  the City, amending Section 25 of the City of Tampa

24  Firefighters and Police Officers Pension Contract as

25  prescribed by Section 28-17 of the City of Tampa Code

26  (Ordinance No. 4746-A, enacted September 30, 1969), as amended

27  by Section 28-19 of the City of Tampa Code (Ordinance No.

28  6038-A, enacted September 17, 1974), pursuant to chapter

29  74-613, Laws of Florida, as further amended by chapter 92-231,

30  Laws of Florida, chapter 94-463, Laws of Florida, and chapter

31  98-515, Laws of Florida, to read:


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                                          HB 1805, First Engrossed



  1         Section 25.

  2         (A)  To the extent that any provision of this contract

  3  is in conflict with sections 112.60-.67, Florida Statutes, or

  4  other these provisions of the Florida Statutes made applicable

  5  to the Fund, excluding chapters 175 and 185, Florida Statutes,

  6  that apply to local law plans established by municipal

  7  ordinance or special act, or provisions of Florida Statutes

  8  made applicable to pension funds established by special act,

  9  these provisions of Florida Statutes shall prevail. To the

10  extent that any provision of this contract would result in a

11  forfeiture of the right of the Pension Fund to participate in

12  the distribution of the tax funds established in chapters 175

13  and 185, Florida Statutes, those provisions of the Florida

14  Statutes shall prevail.

15         (B)  To the extent that any provision of this contract

16  would result in the loss of the tax-exempt status of the Fund,

17  such contractual provision shall be null and void.

18         (C)  To the extent any provision of this contract is

19  not in compliance with the minimum benefits provisions of

20  chapters 175 and 185, Florida Statutes, that apply to the

21  Fund, the non-compliance with which would result in a

22  forfeiture of the right the loss of tax exempt status of the

23  Fund, such contractual provision shall be null and void. to

24  participate in the distribution of the premium tax funds

25  established in chapters 175 and 185, Florida Statutes, the

26  City is authorized to amend this contract by local ordinance

27  to cure such non-compliance, only to the extent that

28  additional premium tax revenues become available to

29  incrementally fund the cost of such compliance, such ordinance

30  is consistent with the terms of a collective bargaining

31  agreement entered into among the City and the certified


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                                          HB 1805, First Engrossed



  1  bargaining agents for firefighters and police officers, the

  2  procedures for the adoption of such ordinance are consistent

  3  with section 112.63(3), Florida Statutes, and such ordinance

  4  is adopted prior to March 31, 2003. Any local ordinance

  5  adopted by the City pursuant to this subparagraph shall be

  6  incorporated by reference into the pension contract of each

  7  firefighter and police officer who is an active or

  8  contributing member of the Fund on the date the amendments to

  9  such contract provided in such ordinance become effective.

10         (D)  To the extent that any provision of this contract

11  is not in compliance with the minimum standards provisions of

12  chapters 175 and 185, Florida Statutes, that apply to the

13  Fund, the non-compliance with which would result in a

14  forfeiture of the right of the Fund to participate in the

15  distribution of the premium tax funds established in chapters

16  175 and 185, Florida Statutes, the City is authorized to amend

17  this contract by local ordinance to cure such non-compliance,

18  provided such ordinance is consistent with the terms of a

19  collective bargaining agreement entered into among the City

20  and the certified bargaining agents for firefighters and

21  police officers, and such ordinance is adopted prior to March

22  31, 2003. Any local ordinance adopted by the City pursuant to

23  this subparagraph shall be incorporated by reference into the

24  pension contract of each firefighter and police officer who is

25  an active or contributing member of the Fund on the date the

26  amendments to such contract provided in such ordinance become

27  effective.

28         Section 2.  The City of Tampa is authorized and

29  empowered to enter into a supplemental contract with each

30  firefighter or police officer who became an active or

31  contributing member of the City Pension Fund for Firefighters


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                                          HB 1805, First Engrossed



  1  and Police Officers in the City of Tampa prior to October 16,

  2  1992, creating Section 25 of the City of Tampa Firefighters

  3  and Police Officers Pension Contract to read:

  4         Section 25.

  5         (A)  To the extent that any provision of this contract

  6  is in conflict with sections 112.60-.67, Florida Statutes, or

  7  other provisions of the Florida Statutes made applicable to

  8  the Fund, excluding chapters 175 and 185, Florida Statutes,

  9  those provisions of the Florida Statutes shall prevail.

10         (B)  To the extent that any provision of this contract

11  would result in the loss of the tax-exempt status of the Fund,

12  such contractual provision shall be null and void.

13         (C)  To the extent that any provision of this contract

14  is not in compliance with the minimum benefits provisions of

15  chapters 175 and 185, Florida Statutes, that apply to the

16  Fund, the non-compliance with which would result in a

17  forfeiture of the right of the Fund to participate in the

18  distribution of the premium tax funds established in chapters

19  175 and 185, Florida Statutes, the City is authorized to amend

20  this contract by local ordinance to cure such non-compliance,

21  only to the extent that additional premium tax revenues become

22  available to incrementally fund the cost of such compliance,

23  such ordinance is consistent with the terms of a collective

24  bargaining agreement entered into among the City and the

25  certified bargaining agents for firefighters and police

26  officers, the procedures for the adoption of such ordinance

27  are consistent with section 112.63(3), Florida Statutes, and

28  such ordinance is adopted prior to March 31, 2003. Any local

29  ordinance adopted by the City pursuant to this subparagraph

30  shall be incorporated by reference into the pension contract

31  of each firefighter and police officer who is an active or


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                                          HB 1805, First Engrossed



  1  contributing member of the Fund on the date the amendments to

  2  such contract provided in such ordinance become effective.

  3         (D)  To the extent that any provision of this contract

  4  is not in compliance with the minimum standards provisions to

  5  chapters 175 and 185, Florida Statutes, that apply to the

  6  Fund, the non-compliance with which would result in a

  7  forfeiture of the right of the Fund to participate in the

  8  distribution of the premium tax funds established in chapters

  9  175 and 185, Florida Statutes, the City is authorized to amend

10  this contract by local ordinance to cure such non-compliance,

11  provided such ordinance is consistent with the terms of a

12  collective bargaining agreement entered into among the City

13  and the certified bargaining agents for firefighters and

14  police officers, and such ordinance is adopted prior to March

15  31, 2003. Any local ordinance adopted by the City pursuant to

16  this subparagraph shall be incorporated by reference into the

17  pension contract of each firefighter and police officer who is

18  an active or contributing member of the Fund on the date the

19  amendments to such contract provided in such ordinance become

20  effective.

21         Section 3.  The City of Tampa Firefighters and Police

22  Officers Pension Contract as prescribed by Section 28-17 of

23  the City of Tampa Code (Ordinance No. 4746-A, enacted

24  September 30, 1969), as amended by Section 28-19 of the City

25  of Tampa Code (Ordinance No. 6038-A, enacted September 17,

26  1974), pursuant to chapter 74-613, Laws of Florida; as further

27  amended by Ordinance No. 89-314, enacted December 21, 1989,

28  and approved, ratified, validated, and confirmed by chapter

29  90-391, Laws of Florida, and as further amended by chapter

30  94-463, Laws of Florida, and chapter 98-515, Laws of Florida,

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                                          HB 1805, First Engrossed



  1  is in all other respects approved, ratified, validated, and

  2  confirmed.

  3         Section 4.  This act shall take effect upon becoming a

  4  law.

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