House Bill hb1037er

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  1

  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 revise the benefit reduction

  9         provisions of said Pension Fund; providing for

10         the purchase of creditable service in said

11         Pension Fund for past service; amending chapter

12         23559 (1945), Laws of Florida, as amended,

13         relating to the General Employees' Pension Plan

14         of the City of Tampa; revising the benefits to

15         certain firefighters and police officers;

16         providing that the act is contingent upon

17         execution of a contract between the city and

18         the bargaining agents for the firefighters and

19         police officers; providing that active

20         firefighters and police officers must execute

21         certain supplemental contract provisions by a

22         date certain or forever be barred from doing

23         so; confirming in part the City of Tampa

24         Firefighters and Police Officers Pension

25         Contract; providing an effective date.

26

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

28

29         Section 1.  The City of Tampa is authorized and

30  empowered to enter into a supplemental contract with each and

31  every firefighter or police officer who is an active or


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  1  contributing member of the City Pension for Firefighters and

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

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

  4  contract with the City, amending Section 7(A), (B), and (C),

  5  Section 8(A), and Section 9(A) and (C), and creating Section

  6  28 of the City of Tampa Firefighters and Police Officers

  7  Pension Contract as prescribed by Section 28-17 of the City of

  8  Tampa Code [Ordinance No. 4746-A, enacted September 30, 1969],

  9  as amended by Section 28-19 of the City of Tampa Code

10  [Ordinance No. 6038-A, enacted September 17, 1974], pursuant

11  to chapter 74-613, Laws of Florida, as further amended by

12  Ordinance No. 89-314, enacted December 21, 1989, and approved,

13  ratified, validated, and confirmed by chapter 90-391, Laws of

14  Florida; and as further amended by chapter 92-231, Laws of

15  Florida, chapter 94-463, Laws of Florida, chapter 98-515, Laws

16  of Florida, chapter 2000-485, Laws of Florida, and chapter

17  2001-288, Laws of Florida, to read:

18         Section 7.  BENEFITS, PENSIONS TO MEMBERS.

19         (A)  Any member of the Fund having an aggregate of 10

20  years of service as defined in Section 17 in said departments,

21  and having reached the age of 46 years, who then shall receive

22  in monthly installments a pension equal to 25 percent of the

23  member's average earnings for the three (3) highest years

24  within the last 10 years of service with a minimum pension of

25  $100 per month. For each additional year of such service after

26  10 years, a member shall receive 2.5 percent of average

27  earnings, not to exceed a total pension of 100 percent of said

28  average earnings. After 10 years of service as defined in

29  Section 17, this pension right shall be a vested right with

30  the payment thereof to begin upon the employee's separation

31  from the service or the employee's reaching the age of 46


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  1  years, whichever occurs later, so that an employee having 10

  2  or more years of such service who resigns, retires, or is

  3  otherwise separated from the service prior to reaching the age

  4  of 46 years may elect to allow his contributions to remain in

  5  the Pension Fund and upon reaching the age of 46 years shall

  6  be entitled to commence receiving a pension based upon his

  7  service as herein provided, and should such employee die

  8  before reaching 46 years of age, then at the time that

  9  decedent would have reached 46 years of age the widow or

10  widower shall receive such benefit as the widow or widower

11  would have received under subparagraph 9(C) if the employee

12  had died while receiving a pension. Provided however, any

13  member of the Pension Fund who prior to October 16, 1992, was

14  a participant of Division B of the General Employees Pension

15  Plan as established by chapter 81-497, Laws of Florida, as

16  amended, shall receive benefits from this Pension Fund at the

17  rate of 2.5 percent of average earnings for each year of

18  service in this Pension Fund, provided however, the 2.5

19  percent accrual shall not apply to any service while the

20  member was a participant of Division B of the General

21  Employees Pension Plan; provided, further, that. upon reaching

22  social security normal retirement age, except as provided in

23  Section 28(C) of this Contract, the benefit paid herein shall

24  be reduced by an amount equal to the actual social security

25  benefit earned by the member for employment as a firefighter

26  or police officer for the City to the extent that such

27  employment is considered to be creditable service under this

28  Fund. The effect of such reduction shall be that the sum of

29  the benefit paid herein and said social security benefit shall

30  be equal to the amount of the benefit otherwise payable

31  herein. Each such member shall, upon demand by the Board,


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  1  authorize the Social Security Administration to release any

  2  information necessary to calculate such reduction. The Board

  3  shall not make any payment for the benefit payable herein for

  4  any period during which such member willfully fails or refuses

  5  to authorize the release of such information in the manner and

  6  within the time prescribed by rules adopted by the Board to 60

  7  percent of the initial benefit amount.

  8         (B)  Any member who in the service has received or

  9  shall receive within or without the city any injuries, disease

10  or disability, which injury, disease or disability now

11  permanently incapacitates him physically or mentally from

12  regular and continuous duty as a firefighter or police

13  officer, then he shall receive in equal monthly installments

14  an amount equal to 65% of monthly salary in effect at date of

15  disability retirement with a minimum of $100.00 per month,

16  plus 1/12 of any other earnings received within one year prior

17  to date of disability retirement. Any injury, disease or

18  disability received prior to becoming a member of this Pension

19  Fund, which injury, disease or disability later permanently

20  incapacitates the member, physically or mentally from regular

21  and continuous duty as a firefighter or police officer, shall

22  not qualify for benefits herein. For any member of this

23  Pension Fund who prior to October 16, 1992 was a member of

24  Division B of the General Employees Pension Plan as

25  established by Chapter 81-497, Laws of Florida, as amended,

26  upon reaching social security normal retirement age or

27  qualifying for social security disability benefits, whichever

28  comes first, except as provided in Section 28(C) of this

29  Contract, the benefit paid herein shall be reduced by an

30  amount equal to the actual social security benefit earned by

31  the member for employment as a firefighter or police officer


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  1  for the City to the extent that such employment is considered

  2  to be creditable service under this Fund to sixty per centum

  3  (60%) of the initial benefit amount; provided, however, that

  4  if such member's social security disability benefits cease

  5  prior to attaining social security retirement age, such

  6  reduction shall be deferred until such time as the member

  7  reaches his social security retirement age. The effect of such

  8  reduction shall be that the sum of the benefit paid herein and

  9  said social security benefit shall be equal to the amount of

10  the benefit otherwise payable herein. Each such member shall,

11  upon demand by the Board, authorize the Social Security

12  Administration to release any information necessary to

13  calculate such reduction. The Board shall not make any payment

14  for the benefit payable herein for any period during which

15  such member willfully fails or refuses to authorize the

16  release of such information in the manner and within the time

17  prescribed by rules adopted by the Board.

18         (C)  Any member of the fund who has completed ten (10)

19  years of creditable service and becomes permanently

20  incapacitated, physically or mentally, from regular and

21  continuous service as a firefighter or police officer as a

22  result of any injury, disease or disability which is not

23  incurred in the service of the City, shall receive in equal

24  monthly installments an amount equal to the greater of (1) 2%

25  of his average salary (as above computed) for each year of

26  service with a minimum of 25% and a maximum of 50% of average

27  salary or (2) the accrued benefit under Section 7(A) based

28  upon years of service and average salary determined as of the

29  date of disability. Any injury, disease or disability received

30  prior to becoming a member of this Fund, which injury, disease

31  or disability later permanently incapacitates the member,


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  1  physically or mentally from regular and continuous duty as a

  2  firefighter or police officer, shall not qualify for benefits

  3  herein. For any member of this Fund who prior to October 16,

  4  1992 was a member of Division B of the General Employees

  5  Pension Plan as established by Chapter 81-497, Laws of

  6  Florida, as amended, upon reaching social security normal

  7  retirement age, or qualifying for social security disability

  8  benefits, whichever comes first, except as provided in Section

  9  28(C) of this Contract, the benefit paid herein shall be

10  reduced by an amount equal to the actual social security

11  benefit earned by the member for employment as a firefighter

12  or police officer for the City to the extent that such

13  employment is considered to be creditable service under this

14  Fund to sixty per centum (60%) of the initial benefit amount;

15  provided, however, that if such member's social security

16  disability benefits cease prior to attaining social security

17  retirement age, such reduction shall be deferred until such

18  time as the member reaches his social security retirement age.

19  The effect of such reduction shall be that the sum of the

20  benefit paid herein and said social security benefit shall be

21  equal to the amount of the benefit otherwise payable herein.

22  Each such member shall, upon demand by the Board, authorize

23  the Social Security Administration to release any information

24  necessary to calculate such reduction. The Board shall not

25  make any payment for the benefit payable herein for any period

26  during which such member willfully fails or refuses to

27  authorize the release of such information in the manner and

28  within the time prescribed by rules adopted by the Board.

29         Section 8(A)  To the widow or widower in equal monthly

30  installments an amount equal to fifty per centum (50%) of the

31  member's final year's earnings, computed from date of death,


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  1  until death. For the widow or widower of any member of this

  2  Pension Fund who prior to October 16, 1992 was a member of

  3  Division B of the General Employees Pension Plan as

  4  established by Chapter 81-497, Laws of Florida, as amended,

  5  upon the reaching social security normal retirement age,

  6  except as provided in Section 28(C) of this Contract, the

  7  benefit paid to the widow or widower shall be reduced by an

  8  amount equal to the actual social security benefit earned by

  9  the member for employment as a firefighter or police officer

10  for the City to the extent that such employment is considered

11  to be creditable service under this Fund; provided, however,

12  that if the widow or widower does not receive the member's

13  accrued social security benefit, there shall be no reduction

14  in benefits paid to such widow or widower. The effect of such

15  reduction shall be that the sum of the benefit paid herein and

16  said social security benefit shall be equal to the amount of

17  the benefit otherwise payable herein. The widow or widower of

18  each such member shall, upon demand by the Board, authorize

19  the Social Security Administration to release any information

20  necessary to calculate such reduction. The Board shall not

21  make any payment for the benefit payable herein for any period

22  during which such widow or widower willfully fails or refuses

23  to authorize the release of such information in the manner and

24  within the time prescribed by rules adopted by the Board to

25  sixty per centum (60%) of the initial benefit amount paid to

26  the widow or widower.

27         Section 9(A)  To the widow or widower in equal monthly

28  installments sixty-five per centum (65%) of the service

29  retirement pension earned by the member at date of death. For

30  the widow or widower of any member of this Pension Fund who

31  prior to October 16, 1992 was a member of Division B of the


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  1  General Employees Pension Plan as established by Chapter

  2  81-497, Laws of Florida, as amended, upon the reaching social

  3  security normal retirement age, except as provided in Section

  4  28(C) of this Contract, the benefit paid to the widow or

  5  widower shall be reduced by an amount equal to the actual

  6  social security benefit earned by the member for employment as

  7  a firefighter or police officer for the City to the extent

  8  that such employment is considered to be creditable service

  9  under this Fund; provided, however, that if the widow or

10  widower does not receive the member's accrued social security

11  benefit, there shall be no reduction in benefits paid to such

12  widow or widower. The effect of such reduction shall be that

13  the sum of the benefit paid herein and said social security

14  benefit shall be equal to the amount of the benefit otherwise

15  payable herein. The widow or widower of each such member

16  shall, upon demand by the Board, authorize the Social Security

17  Administration to release any information necessary to

18  calculate such reduction. The Board shall not make any payment

19  for the benefit payable herein for any period during which

20  such widow or widower willfully fails or refuses to authorize

21  the release of such information in the manner and within the

22  time prescribed by rules adopted by the Board to sixty per

23  centum (60%) of the initial benefit amount paid to the widow

24  or widower.

25         (C)  The widow or widower of a member who dies while

26  receiving a retirement pension shall receive sixty-five per

27  centum (65%) of the pension which the member was receiving;

28  provided, however, that no pension shall be allowed to any

29  widow or widower unless she or he was married to the member

30  prior to the date of retirement of the member. For the widow

31  or widower of any member of this Pension Fund who prior to


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  1  October 16, 1992 was a member of Division B of the General

  2  Employees Pension Plan as established by Chapter 81-497, Laws

  3  of Florida, as amended, upon the reaching social security

  4  normal retirement age, except as provided in Section 28(C) of

  5  this Contract, the benefit paid to the widow or widower shall

  6  be reduced by an amount equal to the actual social security

  7  benefit earned by the member for employment as a firefighter

  8  or police officer for the City to the extent that such

  9  employment is considered to be creditable service under this

10  Fund; provided, however, that if the widow or widower does not

11  receive the member's accrued social security benefit, there

12  shall be no reduction in benefits paid to such widow or

13  widower. The effect of such reduction shall be that the sum of

14  the benefit paid herein and said social security benefit shall

15  be equal to the amount of the benefit otherwise payable

16  herein. The widow or widower of each such member shall, upon

17  demand by the Board, authorize the Social Security

18  Administration to release any information necessary to

19  calculate such reduction. The Board shall not make any payment

20  for the benefit payable herein for any period during which

21  such widow or widower willfully fails or refuses to authorize

22  the release of such information in the manner and within the

23  time prescribed by rules adopted by the Board to sixty per

24  centum (60%) of the initial benefit amount paid to the widow

25  or widower.

26         Section 28.  ELECTION TO PURCHASE PAST CREDITABLE

27  SERVICE BY CERTAIN FIREFIGHTERS AND POLICE OFFICERS.

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

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

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

31  member of this Fund for service occurring on and after October


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  1  16, 1992, and who is a member of this Fund on or after June 1,

  2  2002, may elect to purchase creditable service under this

  3  Pension Contract for service as a firefighter or police

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

  5  said employee complies with the following:

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

  7  of this Fund, in writing, at any time between July 1, 2002,

  8  and December 31, 2002, of his or her desire to purchase

  9  creditable service for all or any portion of such past service

10  and the time period of such service to be purchased;

11         (2)  Upon electing to purchase creditable service for

12  such past service, submit on a form required by the City an

13  irrevocable waiver of any pension benefits under the General

14  Employees' Pension Plan for the City of Tampa, which waiver

15  shall apply only to the time period of such service to be

16  purchased; and

17         (3)  By September 30, 2003, pay into the Pension Fund a

18  sum of money equal to the aggregate employee contributions,

19  plus compound interest thereon at a rate as determined by the

20  Board, which the employee would have paid into the Fund

21  pursuant to Section 2(D) of this Contract, had the employee

22  participated in the Fund during the period of such prior

23  service that said employee has elected to purchase.

24         (B)  For each firefighter and police officer electing

25  to purchase creditable service for past service as provided in

26  this section, the City shall pay into the Pension Fund, by

27  September 30, 2003, a sum of money equal to the City

28  contributions, plus compound interest thereon at the rate

29  determined by the Board pursuant to Section 28(A)(3), which

30  the City would have paid into the Fund for such firefighters

31  and police officers pursuant to Section 2(B) and (C) of this


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  1  Contract, had such firefighters and police officers

  2  participated in the Fund during the period of such prior

  3  service that such firefighters and police officers have

  4  elected to purchase.

  5         (C)  Benefits for creditable service purchased by

  6  firefighters and police officers pursuant to this section

  7  shall be calculated in the same manner as are such

  8  firefighters' and police officers' benefits for creditable

  9  service commencing on October 16, 1992, provided that there

10  shall be no reduction in benefits for such creditable service

11  purchased as otherwise required pursuant to Section 7(A), (B),

12  or (C), Section 8(A), or Section 9(A) or (C) of this Contract.

13         (D)  The Board of Trustees shall make such rules as are

14  necessary for the effective and efficient administration of

15  this section, provided that such rules are not inconsistent

16  with the terms of any collective bargaining agreement entered

17  into by the City and the certified bargaining agents for

18  firefighters and police officers. Notwithstanding any other

19  provision of this section to the contrary, any provision of

20  this section shall be construed and administered in such

21  manner that such program will qualify as a qualified

22  governmental pension plan under existing or hereafter enacted

23  provisions of the Internal Revenue Code of the United States,

24  and the Board of Trustees may adopt any rule to accomplish the

25  purpose of this section as is necessary to retain tax

26  qualification, which rules shall have the force of law and

27  shall be considered part of this pension Contract.

28         Section 2.  Section 21 of chapter 23559 (1945), Laws of

29  Florida, as amended, is amended to read:

30         Section 21.  Pension Benefits; Certain Firefighters and

31  Police Officers.


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  1         Notwithstanding any other provision of this Act to the

  2  contrary, the following provisions shall apply only to those

  3  firefighters and police officers who prior to October 16,

  4  1992, (the effective date of the Older Workers Benefit

  5  Protection Act [the "OWBPA Effective Date"] were participants

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

  7  City Pension Fund for Firefighters and Police Officers in the

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

  9  chapter 94-463, Laws of Florida:

10         (1)  Longevity retirement, deferred pension, early

11  retirement and death benefits accrued as of the OWBPA

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

13  Service prior to the OWBPA Effective Date as members of

14  Division B of the Plan and shall be paid to, or paid on behalf

15  of, each such firefighter or police officer on and after the

16  OWBPA Effective Date as set forth under the terms of this Act.

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

18  firefighter or police officer shall be provided only as set

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

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

21  the City Pension Fund for Firefighters and Police Officers in

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

23  officer on account of death resulting from injuries or causes

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

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

26  of such firefighter or police officer under this Act.

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

28  firefighter or police officer after the OWBPA Effective Date.

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

30  years necessary to have a vested pension and the Normal

31  Retirement Date of any such firefighter or police officer,


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  1  Service after the OWBPA Effective Date shall be counted as

  2  Continuous Service under this Act.

  3         (5)  The Average Monthly Salary of each such

  4  firefighter or police officer shall be determined by

  5  calculating the average of such firefighter's or police

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

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

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

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

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

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

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

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

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

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

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

17  OWBPA Effective Date, the average for years of such

18  participation shall be used.

19         (6)  Notwithstanding any other provision of this Act to

20  the contrary, for purposes of determining the longevity

21  retirement, deferred pension, early retirement, death

22  benefits, and average monthly salary of each such firefighter

23  or police officer, service prior to the OWBPA Effective Date

24  shall not be included to the extent that such firefighter or

25  police officer purchases creditable service under the City

26  Pension Fund for Firefighters and Police Officers in the City

27  of Tampa for service as a firefighter or police officer with

28  the City of Tampa prior to the OWBPA Effective Date.

29         Section 3.  This act is only an enabling act, and the

30  execution by the City of Tampa of the aforesaid supplemental

31  contract and entitlement to the pension benefits referred to


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  1  in this act for all firefighters and police officers,

  2  regardless of whether or not in the respective certified

  3  bargaining unit for firefighters or police officers, and the

  4  effectiveness of this act, is contingent upon contractual

  5  agreement through the collective bargaining process between

  6  the City of Tampa and the respective certified bargaining

  7  agents for firefighters and police officers.

  8         Section 4.  The benefits provided in this act and the

  9  changes to the pension contract provided for in this act for

10  active and contributing members of the City Pension Fund for

11  Firefighters and Police Officers in the City of Tampa on the

12  date this act becomes a law and any other benefits or pension

13  contract changes for active and contributing members of the

14  City Pension Fund for Firefighters and Police Officers in the

15  City of Tampa provided for in any other special act adopted by

16  the Florida Legislature in the year 2000, year 2001, or year

17  2002 Legislative Sessions shall be made available in one or

18  more supplemental pension contracts, and a member shall not be

19  permitted to select some of said benefits or changes and

20  reject others of said benefits or changes. Any active or

21  contributing member of the City Pension Fund for Firefighters

22  and Police Officers in the City of Tampa on the date this act

23  becomes a law who fails to sign said supplemental pension

24  contract before October 1, 2002, shall be forever barred from

25  receiving said benefits. However, any person who becomes a

26  member of the City Pension Fund for Firefighters and Police

27  Officers in the City of Tampa on or after the date this act

28  becomes a law shall be required as a condition of membership

29  into said pension fund to sign a pension contract which

30  includes the provisions of this act, and shall be required to

31  make the contributions required as a result of such benefits.


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  1         Section 5.  The City of Tampa Firefighters and Police

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

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

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

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

  6  1974], pursuant to chapter 74-613, Laws of Florida; as further

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

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

  9  90-391, Laws of Florida; and as further amended by chapter

10  92-231, Laws of Florida, chapter 94-463, Laws of Florida,

11  chapter 98-515, Laws of Florida, chapter 2000-485, Laws of

12  Florida, and chapter 2001-288, Laws of Florida, is in all

13  other respects approved, ratified, validated, and confirmed.

14         Section 6.  This act shall take effect June 1, 2002.

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