House Bill 1847

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    Florida House of Representatives - 2000                HB 1847

        By Representatives Murman, Crist, Ogles, Bradley, Byrd,
    Bilirakis, Littlefield, Henriquez, Hart and L. Miller





  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 the purchase of

  9         creditable service for past service; amending

10         chapter 23559, Laws of Florida, 1945, as

11         amended, relating to the General Employees'

12         Pension Plan of the City of Tampa; revising the

13         benefits to certain firefighters and police

14         officers; confirming in part the City of Tampa

15         Firefighters and Police Officers Pension

16         Contract; providing an effective date.

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

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20         Section 1.  The City of Tampa is authorized and

21  empowered to enter into a supplemental contract with each and

22  every firefighter or police officer who is an active or

23  contributing member of the City Pension for Firefighters and

24  Police Officers in the City of Tampa on or after the date this

25  act becomes a law, or who hereafter enters into a pension

26  contract with the City, creating Section 28 of the City of

27  Tampa Firefighters and Police Officers Pension Contract to

28  read:

29         Section 28.  Election to Purchase Past Creditable

30  Service by Certain Firefighters and Police Officers.

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    Florida House of Representatives - 2000                HB 1847

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  1         (A)  Each firefighter and police officer who, on

  2  October 15, 1992, was a member in Division B of the General

  3  Employees' Pension Plan for the City of Tampa, who became a

  4  member of this Fund for service occurring on or after October

  5  16, 1992, and is a member of this Fund on or after July 1,

  6  2000, may elect to purchase creditable service under this

  7  Pension Contract for service as a firefighter or police

  8  officer with the City of Tampa prior to October 16, 1992, if

  9  said employee complies with the following:

10         (1)  Notify the City of Tampa and the Board of Trustees

11  of this Fund, in writing, at any time between July 1, 2000,

12  and December 31, 2000, of his or her desire to purchase

13  creditable service for such past service;

14         (2)  Upon electing to purchase creditable service for

15  such past service, such employee shall submit on a form

16  required by the City an irrevocable waiver of any pension

17  benefits under the General Employees' Pension Plan for the

18  City of Tampa; and

19         (3)  By September 30, 2001, such employee shall pay

20  into the pension fund a sum of money equal to the aggregate

21  employee contributions, plus compound interest thereon at the

22  rate of 10 percent (10%) per annum, which the employee would

23  have paid into the Fund pursuant to Section 2(D) of this

24  Contract, had the employee participated in the Fund during the

25  period of such prior service.

26         (B)  For each firefighter and police officer electing

27  to purchase creditable service for past service as provided in

28  this Section 28, by September 30, 2001, the City shall pay

29  into the pension fund a sum of money equal to the City

30  contributions, plus compound interest thereon at the rate of

31  10 percent (10%) per annum, which the City would have paid

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  1  into the Fund for such firefighters and police officers

  2  pursuant to Section 2(B) and (C) of this Contract, had such

  3  firefighters and police officers participated in the Fund

  4  during the period of such prior service.

  5         (C)  Notwithstanding any other provision of this

  6  contract, benefits for creditable service purchased by

  7  firefighters and police officers pursuant to this Section 28

  8  shall be calculated in the same manner as are such

  9  firefighters' and police officers' benefits for creditable

10  service commencing on October 16, 1992.

11         Section 2.  Section 21 of chapter 23559, Laws of

12  Florida, 1945, as amended, is amended to read:

13         Section 21.  Pension Benefits; Certain Firefighters and

14  Police Officers.--Notwithstanding any other provision of this

15  act to the contrary, the following provisions shall apply only

16  to those firefighters and police officers who prior to October

17  16, 1992, (the effective date of the Older Workers Benefit

18  Protection Act [the "OWBPA Effective Date"]) were participants

19  in Division B of the Plan and who became become members of the

20  City Pension Fund for Firefighters and Police Officers in the

21  City of Tampa as of the OWBPA Effective Date pursuant to

22  chapter 94-463, Laws of Florida, and who did not subsequently

23  purchase creditable service under the City Pension Fund for

24  Firefighters and Police Officers in the City of Tampa for

25  service as a firefighter or police officer with the City of

26  Tampa prior to the OWBPA Effective Date:

27         (1)  Longevity retirement, deferred pension, early

28  retirement and death benefits accrued as of the OWBPA

29  Effective Date shall be computed by using only that period of

30  Service prior to the OWBPA Effective Date and shall be paid

31  to, or paid on behalf of, each such firefighter or police

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  1  officer on and after the OWBPA Effective Date as set forth

  2  under the terms of this Act.

  3         (2)  Death benefits payable on behalf of any such

  4  firefighter or police officer shall be provided only as set

  5  forth in subparagraphs 2, 3 and 4 of Section 12(B) of this

  6  Plan; provided, however, that if a death benefit is paid under

  7  the City Pension Fund for Firefighters and Police Officers in

  8  the City of Tampa on behalf of any such firefighter or police

  9  officer on account of death resulting from injuries or causes

10  occurring while in the discharge of duty as a firefighter or

11  police officer, then no death benefit shall be paid on behalf

12  of such firefighter or police officer under this Act.

13         (3)  Disability benefits shall not be paid to any such

14  firefighter or police officer after the OWBPA Effective Date.

15         (4)  For purposes of determining the minimum number of

16  years necessary to have a vested pension and the Normal

17  Retirement Date of any such firefighter or police officer,

18  Service after the OWBPA Effective Date shall be counted as

19  Continuous Service under this Act.

20         (5)  The Average Monthly Salary of each such

21  firefighter or police officer shall be determined by

22  calculating the average of such firefighter's or police

23  officer's salary for the highest 3 of the last 10 years of

24  participation in Division B of the Plan prior to the OWBPA

25  Effective Date, and dividing by 12; provided, however, that in

26  the event such firefighter or police officer does not have 10

27  years of participation in Division B of the Plan prior to the

28  OWBPA Effective Date at the time his Average Monthly Salary is

29  calculated, the average for the highest 3 of the total number

30  of years of participation in Division B of the Plan prior to

31  the OWBPA Effective Date, shall be used; provided, further,

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    Florida House of Representatives - 2000                HB 1847

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  1  that if such firefighter or police officer does not have 3

  2  years of participation in Division B of the Plan prior to the

  3  OWBPA Effective Date, the average for years of such

  4  participation shall be used.

  5         Section 3.  The City of Tampa Firefighters and Police

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

  7  the City of Tampa Code [Ordinance No. 4746-A, enacted

  8  September 30, 1969], as amended by Section 28-19 of the City

  9  of Tampa Code [Ordinance No. 6038-A, enacted September 17,

10  1974], pursuant to chapter 74-613, Laws of Florida; as further

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

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

13  90-391, Laws of Florida; and as further amended by chapter

14  94-463, Laws of Florida, and chapter 98-515, Laws of Florida,

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

16  confirmed.

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

18  law.

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