House Bill 1855

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    Florida House of Representatives - 2000                HB 1855

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





  1                      A bill to be entitled

  2         An act relating to the City of Tampa,

  3         Hillsborough County; amending s. 4 of chapter

  4         23559, Laws of Florida, 1945, as amended;

  5         revising the definitions of "salaries or wages"

  6         and "military service time" and adding the

  7         definitions of "actuarial equivalent," "plan

  8         year," and "legal heirs"; amending s. 17 of

  9         chapter 23559, Laws of Florida, 1945, as

10         amended; providing for 8-year vesting and

11         eligibility in the Deferred Retirement Option

12         Program for elective officers; creating ss. 23,

13         24, 25, and 26 of chapter 23559, Laws of

14         Florida, 1945, as amended; providing for the

15         sole purpose of the General Employees'

16         Retirement Plan, limitations on amounts of

17         benefits, required distributions, and direct

18         rollovers; repealing all laws in conflict

19         herewith; providing an effective date and

20         providing for retroactive operation of certain

21         provisions.

22

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

24

25         Section 1.  Subsections (A) and (H) of section 4 of

26  chapter 23559, Laws of Florida, 1945, as amended, are amended,

27  and new subsections (P), (Q), and (R) are added, to read:

28         Section 4.  Definitions.

29         (A)  Salaries or Wages.  Salaries or wages for the

30  purpose of this act shall be the base amounts earned by the

31  Employee, plus employee including regular longevity bonuses,

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  1  overtime and shift premiums, but exclusive of other premiums,

  2  allowances or special payments or any casual nonrecurring or

  3  unpredictable bonuses.  In addition to other applicable

  4  limitations set forth in the Plan, and notwithstanding any

  5  other provision of the Plan to the contrary, for Plan Years

  6  beginning on or after January 1, 1996, the annual Salaries or

  7  Wages of each Employee taken into account under the Plan shall

  8  not exceed the annual compensation limit provided for in the

  9  Omnibus Budget Reconciliation Act of 1993 (the "OBRA 1993

10  Annual Compensation Limit").  The OBRA 1993 Annual

11  Compensation Limit is $150,000, as adjusted by the

12  Commissioner of the Internal Revenue Service for increases in

13  the cost-of-living in accordance with Section 401(a)(17)(B) of

14  the Internal Revenue Code of 1986, as amended (the "Code").

15  The cost-of-living adjustment in effect for a calendar year

16  applies to any period, not exceeding 12 months, over which

17  Salaries or Wages are determined (determination period)

18  beginning in such calendar year.  If a determination period

19  consists of fewer than 12 months, the OBRA 1993 Annual

20  Compensation Limit will be multiplied by a fraction, the

21  numerator of which is the number of months in the

22  determination period, and the denominator of which is 12.  For

23  Plan Years beginning on or after January 1, 1996, any

24  reference in this Plan to the limitation under Section

25  401(a)(17) of the Code shall mean the OBRA 1993 Annual

26  Compensation Limit set forth in this provision.  The

27  limitation on Salaries or Wages for an "eligible Employee"

28  shall not be less than the amount which was allowed to be

29  taken into account hereunder as in effect on July 1, 1993.

30  "Eligible Employee" is an individual who was a participant in

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  1  the Plan before the first Plan Year beginning after December

  2  31, 1995.

  3         (H)  Military Service Time.  In computing Service

  4  allowance for retirement, creditable Service shall, at the

  5  option of the Employee, include any service which interrupted

  6  employment employement with the Employer, not to exceed a

  7  period of 3 years, in any of the armed services of the United

  8  States during time of war, upon condition that within 90 days

  9  from the date of reinstatement of such Employee now or

10  hereafter serving in the armed forces, or within 90 days from

11  the effective date of this act for those Employees already

12  reinstated, such Employee shall exercise such option by filing

13  written notice thereof with the Board of Trustees and, if a

14  Division A employee, shall within the 12 ensuing months pay

15  into the retirement fund an amount equal to the aggregate

16  contributions such Employee would have made had such Employee

17  not served in the armed forces, based upon the Salary or Wages

18  being earned at the time of entering the armed services, and

19  if any such Employee shall fail to exercise such option within

20  the time and in the manner hereinabove prescribed, such period

21  of military service shall not thereafter be allowed as

22  creditable Service, but shall not be deemed a break in such

23  Employee's Continuous Service eligibility period.

24  Notwithstanding the foregoing, an Employee shall be credited

25  with service for purposes of vesting and benefit accrual under

26  the Plan for his or her service in the uniformed service (as

27  defined in the Uniformed Services Employment and Reemployment

28  Rights Act of 1994 (the "USERR Act") upon being granted leave

29  by the Employer for such uniformed service and termination

30  from employment as an Employee with the Employer, provided

31  that the Employee must return to his or her employment as an

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  1  Employee with the Employer within the time periods prescribed

  2  by the USERR Act; and the Employee complies with the Employee

  3  contribution requirements prescribed by the USERR Act.  The

  4  maximum service credit for uniformed service shall be 5 years

  5  or such other time period as may be prescribed by the USERR

  6  Act.

  7         (P)  Actuarial Equivalent.  The Actuarial Equivalent of

  8  an Employee's Accrued Pension shall be determined by basing

  9  mortality on the 1983 Group Annuity Mortality Table for Males

10  with female ages set back 6 years and post-disablement

11  mortality upon 80 percent of the 1965 Railroad Board Ultimate

12  Mortality Table, or such other mortality tables as are in

13  compliance with the Code.

14         (Q)  Plan Year.  Plan Year shall mean the period

15  commencing on the first day of October of each year and ending

16  on the last day of September of the following year.

17         (R)  Legal Heirs.  An Employee's Legal Heirs shall mean

18  an Employee's designated beneficiary, or, in the absence of

19  such a designation or if there is no surviving designated

20  beneficiary, the legal heirs of the Employee as determined by

21  applicable law.  For the purposes of this Act, the terms

22  "Legal Heirs" and "Designated Beneficiary" shall have the same

23  meaning and shall be used interchangeably.

24         Section 2.  Subsection (A) of section 17 of chapter

25  23559, Laws of Florida, 1945, as amended, is amended to read:

26         Section 17.  Officers.

27         (A)  Elective officers, department heads and appointive

28  officers of the City shall participate in the pension or

29  retirement Plan plan.  Such officers, department heads and

30  appointive officers shall have the same status for pension

31  purposes as permanent Employees employees; provided, however,

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  1  the minimum number of years necessary for an elective officer

  2  of the City to have a vested pension under the Plan and be

  3  eligible for the Deferred Retirement Option Program set forth

  4  in section 22 of this Plan shall be 8 continuous years of

  5  Service; and provided further that any elective officer,

  6  department head, or appointive officer of the City any such

  7  person who (1) shall have participated in the pension or

  8  retirement Plan plan and acquired a vested right to a deferred

  9  proportionate pension thereunder, (2) shall have at the end of

10  any term in office (a) unsuccessfully sought election, (b) not

11  been appointed, or (c) not declined appointment to any office

12  of the City, (3) shall have left his contributions in the Fund

13  if he was a member of Division A and had contributed to the

14  Fund, and (4) is or shall have been subsequently elected or

15  appointed to any office or employed in any position in the

16  City, shall resume his participation in the plan; and the

17  period during which such person shall have been out of office

18  shall not constitute a break in Service service, but no

19  creditable Service service shall be allowed for such period.

20  Pensions under this section shall be calculated in the same

21  manner as any pensions of Employees employees receiving

22  retirement benefits who were subsequently reemployed (section

23  16).

24         Section 3.  Sections 23, 24, 25, and 26 are added to

25  chapter 23559, Laws of Florida, 1945, as amended, to read:

26         Section 23.  Sole Purpose.  This Plan is created for

27  the sole purpose of providing benefits to the Employees of the

28  City.  Except as otherwise permitted by law, in no event shall

29  any part of the principal or income of the Fund be paid to or

30  reinvested in the City or be used for or diverted to any

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  1  purpose whatsoever other than for the exclusive benefit of the

  2  Employees participating in the Plan and their beneficiaries.

  3         Section 24.  Limitations On Amounts Of Benefits.

  4         (A)  Benefits for an Employee under this Plan, when

  5  expressed as a benefit payable annually in the form of a

  6  straight life annuity without regard to the death benefit or

  7  any other ancillary benefit, shall not at any time within the

  8  limitation year exceed $90,000.

  9         (B)1.  The $90,000 limitation set forth in subsection

10  (A) shall be actuarially reduced in accordance with

11  regulations prescribed by the Secretary of the Treasury for

12  any retirement benefit that may begin before an Employee

13  attains age 62, by adjusting such benefit so that it is

14  equivalent to such a benefit beginning at age 62.  The

15  reduction shall not reduce the $90,000 limitation set forth in

16  subsection (A) to less than (a) $75,000 if the benefit begins

17  at or after age 55, or (b) if the benefit begins before age

18  55, the equivalent of the $75,000 limitation for age 55.

19         2.  If any retirement benefit begins after the Employee

20  attains age 65, the $90,000 limitation set forth in subsection

21  (A) shall be adjusted (based upon an interest rate assumption

22  of 5 percent) in accordance with regulations prescribed by the

23  Secretary of the Treasury, by adjusting such benefit so that

24  it is equivalent to such benefit beginning at age 65.

25         (C)  The benefit payable with respect to an Employee

26  shall be deemed not to exceed the limitations set forth in

27  subsections (A) and (B) if the benefit payable with respect to

28  such Employee under this Plan, and under all other defined

29  benefit pension plans to which the City contributes, does not

30  exceed $10,000 for the applicable Plan Year and for any Plan

31

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  1  Year and the City has not at any time maintained a defined

  2  contribution plan in which the Employee participated.

  3         (D)  In accordance with Section 415(b)(5) of the Code,

  4  the $90,000 limitation in subsection (A), and the limitation

  5  in subsection (C), shall be multiplied by a fraction (not in

  6  excess of 1), the numerator of which is the number of the

  7  Employee's years of Service in the Plan (in the case of the

  8  $90,000 limitation set forth in subsection (A)) or the number

  9  of the Employee's years of Service (in the case of the

10  limitation set forth in subsection (C)) and the denominator of

11  which, in either case, is 10.

12         (E)  As of January 1 of each calendar year, the $90,000

13  limitation set forth in subsection (A) shall be adjusted as

14  and if permitted by the Secretary of the Treasury, and any

15  such adjusted limitation shall become effective as the maximum

16  dollar limitation under the Plan for that calendar year.  The

17  maximum dollar limitation for a calendar year, as so adjusted,

18  shall apply to limitation years ending with or within such

19  calendar year.

20         (F)1.  In the event that any Employee participates in

21  both a defined benefit plan and a defined contribution plan

22  maintained by the City, then the sum of the Defined Benefit

23  Plan Fraction (as defined in Section 415(e) of the Code) and

24  the Defined Contribution Plan Fraction (as defined in Section

25  415(e) of the Code) for any limitation year shall not exceed

26  1.0.

27         2.  In the event that the sum of the Defined Benefit

28  Plan Fraction and the Defined Contribution Plan Fraction

29  exceeds 1.0, then the Board of Trustees shall take such

30  actions, applied in a uniform and nondiscriminatory manner, as

31  will keep the benefits and annual additions thereto for such

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  1  Employees from exceeding these limits.  Adjustments shall be

  2  made to this Plan before any adjustments shall be required to

  3  any other plans.

  4         Section 25.  Required Distributions.

  5         (A)  Any benefit paid to an Employee shall commence not

  6  later than the last to occur of:

  7         1.  April 1 of the year following the calendar year in

  8  which the Employee retires; or

  9         2.  April 1 of the year immediately following the

10  calendar year in which the Employee reaches age 70 1/2.

11         (B)  In the case of a benefit payable by reason of an

12  Employee's retirement or other termination of employment, in

13  no event shall payment extend beyond the life or life

14  expectancy of the Employee or the joint lives or life

15  expectancies of the Employee and the Employee's designated

16  beneficiary.  In the case of an Employee who is receiving his

17  or her pension benefit as of the date of his or her death, the

18  survivor portion of the Employee's pension benefit shall be

19  paid at least as rapidly as under the method being used prior

20  to the Employee's death.

21         (C)  Notwithstanding anything contained herein to the

22  contrary, payments under the Plan shall satisfy the incidental

23  death benefit requirements and all other applicable provisions

24  of Section 401(a)(9) of the Code, the regulations issued

25  thereunder (including Section 1.401(a)(9)-2 of the proposed

26  Treasury regulations), and such other rules thereunder as may

27  be prescribed by the Secretary of the Treasury.

28         Section 26.  Direct Rollovers.

29         (A)  This section applies to distributions made on or

30  after January 1, 1993.  Notwithstanding any provision of the

31  Plan to the contrary that would otherwise limit a

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  1  distributee's (as defined below) election under this section,

  2  a distributee may elect, at the time and in the manner

  3  prescribed by the Commissioner of the Internal Revenue

  4  Service, to have any portion of an eligible rollover

  5  distribution (as defined below) paid directly to an eligible

  6  retirement plan (as defined below) specified by the

  7  distributee in a direct rollover (as defined below).

  8         (B)  For purposes of this section, the following terms

  9  shall have the following meanings:

10         1.  An "eligible rollover distribution" is any

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

12  credit of the distributee, except that an eligible rollover

13  distribution does not include: any distribution that is one of

14  a series of substantially equal periodic payments (not less

15  frequently than annually) made for the life (or life

16  expectancy) of the distributee or the joint lives (or joint

17  life expectancies) of the distributee and the distributee's

18  designated beneficiary, or for a specified period of 10 years

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

20  required under Section 401(a)(9) of the Code, and the portion

21  of any distribution that is not includable in gross income

22  (determined without regard to the exclusion for net unrealized

23  appreciation with respect to employer securities).

24         2.  An "eligible retirement plan" is an individual

25  retirement account described in Section 408(a) of the Code, an

26  individual retirement annuity described in Section 408(b) of

27  the Code, an annuity plan described in Section 403(a) of the

28  Code, or a qualified trust described in Section 401(a) of the

29  Code that accepts the distributee's eligible rollover

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

31  distribution to the surviving spouse, an eligible retirement

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  1  plan is an individual retirement account or individual

  2  retirement annuity.

  3         3.  A "distributee" includes an Employee or former

  4  employee.  In addition, the Employee's or former employee's

  5  surviving spouse and the Employee's or former employee's

  6  spouse or former spouse who is the alternate payee under a

  7  qualified domestic relations order, as defined in Section

  8  414(p) of the Code, are distributees with regard to the

  9  interest of the spouse or former spouse.

10         4.  A "direct rollover" is a payment by the Plan to the

11  eligible retirement plan specified by the distributee.

12         Section 4.  All laws or parts of laws in conflict

13  herewith are hereby repealed to the extent of such conflict.

14         Section 5.  This act shall take effect upon becoming a

15  law and sections 1 and 3 shall operate retroactively to

16  January 1, 1997.

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