House Bill hb0975

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    Florida House of Representatives - 2002                 HB 975

        By Representative Atwater






  1                      A bill to be entitled

  2         An act relating to the City of West Palm Beach,

  3         Palm Beach County, relating to the West Palm

  4         Beach Firefighters Pension Fund; amending and

  5         readopting section 17 of chapter 24981, Laws of

  6         Florida, 1947, as amended; providing for the

  7         creation of the fund; providing for

  8         professional and clerical services; providing

  9         for sources of revenue; providing for custodian

10         of funds; providing for service pensions;

11         providing for disability pensions, medical

12         examinations, and return to work; providing for

13         beneficiary benefits; providing that acceptance

14         of pension is no bar to subsequent work;

15         providing that pension is not assignable or

16         subject to garnishment; providing for transfer

17         of funds; providing for ordinances applicable;

18         providing for existing benefits to continue;

19         providing for workers' compensation offset;

20         providing for actuarial valuations; providing

21         for review procedures; providing for lump sum

22         payments of small retirement income; providing

23         for pickup of employee contributions; providing

24         for Internal Revenue Code limits; providing for

25         required distributions; providing for

26         miscellaneous requirements; providing for

27         rollover provisions; providing for rollovers

28         from qualified plans; providing for actuarial

29         assumptions; providing for addition of prior

30         firefighter service; repealing all laws in

31         conflict herewith; providing an effective date.

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

  2

  3         Section 1.  Section 17 of chapter 24981, Laws of

  4  Florida, 1947, as amended, is amended and readopted to read:

  5         (Substantial rewording of section. See

  6         ch. 93-374, Laws of Florida, as amended

  7         by chapters 95-476, 96-527, 97-327,

  8         99-456, and 2000-409, Laws of Florida,

  9         for present text.)

10         Section 17.  West Palm Beach Firefighters Pension

11  Fund.--

12         (1)  Creation of fund.--There is hereby created a

13  special fund for the Fire Department of the City of West Palm

14  Beach to be known as the West Palm Beach Firefighters Pension

15  Fund. All assets of every description held in the name of the

16  West Palm Beach Firemen's Relief and Pension Fund and in the

17  name of the West Palm Beach Firefighters Pension Fund have

18  been and shall continue to be combined.

19         (a)  Definitions.--The following words or phrases, as

20  used in this act, shall have the following meanings, unless a

21  different meaning is clearly indicated by the context:

22         1.  "Actuarial equivalent value," "actuarial

23  equivalence," or "single sum value" means the stated

24  determination using an interest rate of 8.25 percent per year

25  and the 1983 Group Annuity Mortality Table for males.

26         2.  "Beneficiary" means any person who is not at

27  retirement but who is entitled to receive a benefit from the

28  West Palm Beach Firefighters Pension Fund or the West Palm

29  Beach Firemen's Relief and Pension Fund, as applicable.

30         3.  "Board of Trustees" or "Board" means the Board of

31  Trustees provided for in this act.

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  1         4.  "City" means the City of West Palm Beach.

  2         5.  "Department" means the Fire Department of the City.

  3         6.  "Enrolled actuary" means an actuary who is enrolled

  4  under Subtitle C of Title III of the Employee Retirement

  5  Income Security Act of 1974 and who is a member of the Society

  6  of Actuaries or the American Academy of Actuaries.

  7         7.  "Final average salary" means the average of the

  8  monthly salary paid a member in the 3 best years of

  9  employment.

10         8.  "Firefighter" means any person employed in the

11  Department who is certified as a firefighter as a condition of

12  employment in accordance with the provisions of section

13  633.35, Florida Statutes.

14         9.  "Fund" or "Pension Fund" means the West Palm Beach

15  Firefighters Pension Fund or the West Palm Beach Firemen's

16  Relief and Pension Fund, as applicable.

17         10.  "Member" means any person who is included in the

18  membership of the Fund in accordance with paragraph (h).

19         11.  "Pension" means a monthly amount payable from the

20  Fund throughout the future life of a person, or for a limited

21  period of time, as provided in this act.

22         12.  "Qualified health professional" means a person

23  duly and regularly engaged in the practice of his or her

24  profession who holds a professional degree from a university

25  or college and has had special professional training or skill

26  regarding the physical or mental condition, disability, or

27  lack thereof, upon which he or she is to present evidence to

28  the Board.

29         13.  "Qualified public depository" means any bank or

30  savings association organized and existing under the laws of

31  Florida and any bank or savings association organized under

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  1  the laws of the United States that has its principal place of

  2  business in Florida, or has a branch office which is

  3  authorized under the laws of Florida or the United States to

  4  receive deposits in Florida, that meets all of the

  5  requirements of chapter 280, Florida Statutes, and that has

  6  been designated by the Treasurer of the State of Florida as a

  7  qualified public depository.

  8         14.  "Retirant" or "retiree" means any member who

  9  retires with a pension payable from the Fund.

10         15.  "Retirement" means a member's withdrawal from City

11  employment with a pension payable from the Fund.

12         16.  "Salary" means:

13         a.  The fixed monthly compensation paid to a

14  firefighter and shall include those items that have been

15  included as compensation in accordance with past practice.

16  However, the term shall not be construed to include lump sum

17  payments for accumulated leave.

18         b.  On and after October 1, 2000, "salary" shall not be

19  determined by reference to past practice but instead shall

20  mean payments made to a firefighter by the City under the

21  following reporting names: Base Pay, Adj Base Hrs, Comp Time

22  Usd, DEL Paid, Dty Dis LOA, Emergency Leave, EMgt Admin Lv,

23  EPL Usd, FF Pl Pay, FFDegIncen, FFInspcCEIncen, FFSpOpCEIn,

24  FFSWATCEIn, FFTrnCrtIncen, Hol Usd, Holiday Pay, Longevity,

25  Lump Sum Pmt, Mgt 1 Incen Pay, Mgt 2 Incen Pay, Military Trn,

26  OTJI TmpLtDty, Paid LOA, Paid Suspension, ParMedIncen, Pay

27  Adjustment, Retroactive Pay, RetroPay Adjust, Sck Cvtd

28  Dollars, Sck Usd, Sick Pay Bnk, Step up Pay, Temp Assign, Vac

29  Usd, and FFDiveIncen. "Salary" shall not include overtime or

30  lump sum payments for accumulated leave such as accrued annual

31

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  1  leave, accrued sick leave, earned personal leave, holiday

  2  saved, or compensatory time.

  3         17.  "Service," "credited service," or "service credit"

  4  means the total number of years, and fractional parts of

  5  years, of employment of any member in the employ of the

  6  Department, omitting intervening years and fractional parts of

  7  years of service when the member was not employed by the City.

  8  However, no member shall receive credit for years, or

  9  fractional parts of years, of service for which the member has

10  withdrawn his or her contributions to the Fund, unless the

11  member repays into the Fund the contributions withdrawn, with

12  interest, within 60 months after reemployment. Further, a

13  member may voluntarily leave his or her contributions in the

14  Fund for a period of 5 years after leaving the employ of the

15  Department, pending the possibility of his or her being

16  rehired by the Department and remaining employed for a period

17  of not less than 3 years, without losing credit for the time

18  he or she has participated actively as a firefighter. If he or

19  she does not remain employed for a period of at least 3 years

20  as a firefighter with the Department upon reemployment, within

21  5 years his or her contributions shall be returned without

22  interest in accordance with paragraph (5)(i). In determining

23  the aggregate number of years of service of any member, the

24  time spent in the military service of the United States or

25  United States Merchant Marine by the member on leave of

26  absence from the Department for such reason shall be added to

27  the years of service, provided such time shall not exceed 5

28  years. Further, to receive credit for such service the member

29  must return to employment as a firefighter of the City within

30  1 year after the date of release from such active service.

31

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  1         (b) Gender and number.--The masculine gender includes

  2  the feminine, and words of the singular with respect to

  3  persons shall include the plural and vice versa.

  4         (c) Board of Trustees created.--There is hereby created

  5  a Board of Trustees, which shall be solely responsible for

  6  administering the West Palm Beach Firefighters Pension Fund

  7  and the West Palm Beach Firemen's Relief and Pension Fund. The

  8  Board shall be a legal entity, with the power to bring and

  9  defend lawsuits of every kind, nature, and description, and

10  shall be independent of the City to the extent required to

11  accomplish the intent, requirements, and responsibilities

12  provided for in this act and applicable law. The Board shall

13  consist of five trustees, as follows:

14         1.  Two legal residents of the City, who shall be

15  appointed by the City. Each resident-trustee shall serve as a

16  trustee for a period of 2 years, unless sooner replaced by the

17  City, at whose pleasure he or she shall serve, and may succeed

18  himself or herself as trustee.

19         2.  Two full-time firefighters shall be elected by a

20  majority of the firefighters who are members of the Fund.

21  Elections shall be held under such reasonable rules and

22  regulations as the Board shall from time to time adopt. Each

23  member-trustee shall serve as a trustee for a period of 2

24  years, unless he or she sooner ceases to be a firefighter in

25  the employ of the Department, whereupon the members shall

26  choose a successor in the same manner as the original

27  appointment. Each member-trustee may succeed himself or

28  herself as trustee.

29         3.  A fifth trustee shall be chosen by a majority of

30  the other four trustees. This fifth person's name shall be

31  submitted to the City, which shall, as a ministerial duty,

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  1  appoint such person to the Board as a fifth trustee. The fifth

  2  person shall serve as trustee for a period of 2 years, and may

  3  succeed himself or herself as trustee.

  4         (d)  Board vacancy; how filled.--In the event a trustee

  5  provided for in subparagraph (c)2. ceases to be a firefighter

  6  in the employ of the Department, such trustee shall be

  7  considered to have resigned from the Board. In the event a

  8  trustee provided for in subparagraph (c)2. shall resign, be

  9  removed, or become ineligible to serve as a trustee, the Board

10  shall, by resolution, declare the office of trustee vacated as

11  of the date of adoption of said resolution. If such a vacancy

12  occurs in the office of trustee within 90 days of the next

13  succeeding election for trustee, the vacancy shall be filled

14  at the next regular election for the unexpired portion of the

15  term; otherwise, the vacancy shall be filled for the unexpired

16  portion of the term by the members in the same manner as an

17  original appointment. In the event a trustee provided for in

18  subparagraph (c)1. or subparagraph (c)3. shall resign, be

19  removed, or become ineligible to serve as a trustee, the Board

20  shall, by resolution, declare the office of trustee vacated as

21  of the date of adoption of said resolution. A successor for

22  the unexpired portion of the term shall be chosen in the same

23  manner as an original appointment.

24         (e)  Board meetings; quorum; procedures.--The Board

25  shall hold meetings regularly, at least once in each quarter

26  year, and shall designate the time and place thereof. At any

27  meeting of the Board, three trustees shall constitute a

28  quorum. Each trustee shall be entitled to one vote on each

29  question before the Board and at least three concurring votes

30  shall be required for a decision by the Board at any of its

31  meetings. The Board shall adopt its own rules of procedure and

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  1  shall keep a record of its proceedings. All public records of

  2  the Fund shall be kept and maintained as required by law. All

  3  meetings of the Board shall be open to the public and shall be

  4  held as required by law.

  5         (f)  Board chair.--The Board shall elect a chair from

  6  among the trustees.

  7         (g)  Board secretary.--The Board shall elect a

  8  secretary from among the trustees. The secretary shall keep a

  9  complete minute book of the actions, proceedings, and hearings

10  of the Board.

11         (h)  Membership.--All firefighters and all who hold a

12  position of firefighter in the employ of the Department shall

13  be members in the Fund. All firefighters, including the chief,

14  who were in the employ of the Department as of April 30, 1959,

15  shall be given credit for service rendered in the employ of

16  the Department prior to May 1, 1959. New members to the Fund

17  are required to undergo a physical examination for purposes of

18  determining preexisting conditions. This physical examination

19  shall be conducted in conjunction with the City's postoffer,

20  preemployment physical examination. The Board's medical

21  director shall review the results of this physical examination

22  and provide notice to the Board and the member of any abnormal

23  findings of the examination. This physical examination will be

24  used for the purposes of establishing a physical profile of

25  the member for determining preexisting conditions and

26  presumptive illnesses as provided for in subsection (6). After

27  review, if further physical examination is required, such

28  examination shall be conducted at Board expense.

29         (i)  Compensation.--The trustees of the Fund shall not

30  receive any compensation for their services as such, but may

31  receive expenses and per diem as provided by law.

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  1         (2)  Professional and clerical services.--

  2         (a)  Pension administrator.--The pension administrator

  3  of the Fund shall be designated by the Board and shall carry

  4  out its orders and directions.

  5         (b)  Legal counsel.--The City Attorney shall give

  6  advice to the Board in all matters pertaining to its duties in

  7  the administration of the Fund whenever requested, shall

  8  represent and defend the Board as its attorney in all suits

  9  and actions at law or in equity that may be brought against

10  it, and shall bring all suits and actions in its behalf that

11  may be required or determined by the Board. However, if the

12  Board so elects, it may employ independent legal counsel at

13  the Fund's expense for the purposes set forth in this act.

14         (c)  Actuary.--The Board shall designate an enrolled

15  actuary, who shall be its technical advisor and who shall

16  perform such actuarial services as are required.

17         (d)  Certified public accountant.--The Board shall

18  employ, at its expense, a certified public accountant to

19  conduct an independent audit of the Fund. The certified public

20  accountant shall be independent of the Board and the City.

21         (e)  Additional professional, technical, or other

22  services.--The Board shall have the authority to employ such

23  professional, technical, or other advisors as required to

24  carry out the provisions of this act.

25         (3)  Sources of revenue.--The financing of the Fund

26  shall consist of the following sources of revenue:

27         (a)  Taxes of insurance companies.--The moneys returned

28  to the City as provided by chapter 175, Florida Statutes,

29  shall be used to fund the share account benefit described in

30  paragraph (5)(j). The City shall not opt out of participation

31  in chapter 175, Florida Statutes, or any similar statutory

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  1  enactment unless exigent circumstances exist, such as the

  2  bankruptcy of the City or changes or amendments to the statute

  3  regarding extra benefits by the Legislature. If any statutory

  4  changes are made by the Legislature, the City and the Board

  5  may renegotiate the impact of such changes, if necessary.

  6         (b)  Member contributions.--The member shall contribute

  7  6.45 percent of his or her salary to the Fund, which shall be

  8  deducted each pay period from the salary of each member in the

  9  Department. Effective the first full payroll period after

10  October 1, 2001, the member shall contribute 7.85 percent of

11  his or her salary to the Fund, which shall be deducted each

12  pay period from the salary of each member in the Department.

13  Effective the first full payroll period after October 1, 2002,

14  the member shall contribute 8.85 percent of his or her salary

15  to the Fund, which shall be deducted each pay period from the

16  salary of each member in the Department. Effective the first

17  full payroll period after October 1, 2003, the member shall

18  contribute 9.85 percent of his or her salary to the Fund,

19  which shall be deducted each pay period from the salary of

20  each member in the Department.

21         (c)  City contributions.--The City shall contribute to

22  the Fund annually an amount which, together with the

23  contributions from the members and other income sources as

24  authorized by law, will be sufficient to meet the normal cost

25  of the Fund and to fund the actuarial deficiency over a period

26  of not more than 40 years, provided that the net increase, if

27  any, in unfunded liability of the Fund arising from

28  significant amendments or other changes shall be amortized

29  within 30 plan years.

30         (d)  Gifts, etc.--All gifts, bequests, and devises when

31  donated for the Fund.

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  1         (e)  Interest from deposits.--All accretions to the

  2  Fund by way of interest or dividends on bank deposits or

  3  otherwise.

  4         (f)  Other sources.--All other sources of income now or

  5  hereafter authorized by law for the augmentation of the Fund.

  6         (4)  Custodian of funds.--All moneys and securities of

  7  the Fund may be deposited with the cash management coordinator

  8  of the City, acting in a ministerial capacity only, who shall

  9  be bonded and shall be liable in the same manner and to the

10  same extent as he or she is liable for the safekeeping of

11  funds for the City. However, any funds and securities so

12  deposited with the cash management coordinator shall be kept

13  in a separate fund by the cash management coordinator or

14  clearly identified as funds and securities of the Fund. In

15  lieu thereof, the Board shall deposit the funds and securities

16  in a qualified public depository designated by the Board. The

17  cash management coordinator or other depository shall receive

18  all moneys due said Fund from all sources whatsoever. All tax

19  revenue received pursuant to the provisions of chapter 175,

20  Florida Statutes, shall be deposited into the Fund no more

21  than 5 days after receipt. Member contributions withheld by

22  the City on behalf of a member shall be deposited into the

23  Fund immediately.

24         (a)  Disbursements from the Fund.--The Board may issue

25  drafts upon the Fund pursuant to this act and rules and

26  regulations prescribed by the Board, provided that such drafts

27  shall be issued in accordance with generally accepted

28  accounting procedures, American Institute of Certified Public

29  Accountants guidelines, and rules of the State of Florida

30  Auditor General. All such drafts shall be consecutively

31  numbered, signed by the chair and secretary, and each draft

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  1  shall, upon its face, state the purpose for which it is drawn.

  2  For this purpose, the chair and secretary shall be bonded. The

  3  Board shall retain such drafts when paid, as permanent

  4  vouchers for disbursements made, and no moneys shall be

  5  otherwise drawn from the Fund. Payments from the Fund shall be

  6  made only upon a specific or general motion or resolution

  7  previously adopted by the Board authorizing such payment or

  8  payments.

  9         (b)  Investment of moneys.--The Board shall have the

10  power and authority to invest and reinvest the moneys of the

11  Fund, and to hold, purchase, sell, assign, transfer, and

12  dispose of any securities and investments held in said Fund.

13  The aim of the investment policies shall be to preserve the

14  integrity and security of Fund principal, to maintain a

15  balanced investment portfolio, to maintain and enhance the

16  value of Fund principal, and to secure the maximum total

17  return on investments that is consonant with safety of

18  principal, provided that such investments and reinvestments

19  shall be limited to the following:

20         1.  Direct obligations of the United States Government

21  or any agency thereof and debentures and other evidences of

22  indebtedness which are fully guaranteed by the United States

23  Government or any agency thereof for the payment of principal

24  and interest.

25         2.  Direct obligations of the State of Florida.

26         3.  In debt securities, preferred and common stocks and

27  mutual fund shares subject to the limitations set forth in

28  this section.

29         4.  In time or savings accounts of a national bank, a

30  state bank insured by the Bank Insurance Fund, a savings and

31  loan association to the extent that deposits are guaranteed by

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  1  the Savings Association Insurance Fund which is administered

  2  by the Federal Deposit Insurance Corporation, or a state or

  3  federally chartered credit union whose share accounts are

  4  insured by the National Credit Union Share Insurance Fund.

  5         5.  Of the total Fund principal in the pension or

  6  retirement system, including the amounts deposited in banks or

  7  associations, the total thereof invested in preferred stocks

  8  shall not aggregate more than 5 percent, and the total amount

  9  thereof invested in common stocks and mutual fund shares shall

10  not aggregate more than 70 percent. Percentages shall be based

11  on market value at the end of each reporting period (September

12  30).

13         6.  The following minimum standards shall govern the

14  eligibility of securities for purchase as investments:

15         a.  All corporate and association securities and mutual

16  fund shares shall be issued by a corporation or other legal

17  person incorporated or otherwise organized within the United

18  States and domiciled therein to the extent required by section

19  175.071(1)(b), Florida Statutes.

20         b.  Not more than 10 percent of the total fund

21  principal at market value shall be invested in any one issuing

22  company other than obligations of the United States or an

23  agency thereof.

24         c.  All bonds, stocks, or other evidence of

25  indebtedness issued or guaranteed by a corporation shall be

26  listed on any one or more of the recognized national stock

27  exchanges and, in the case of bonds only, shall hold a rating

28  in one of the four highest classifications by a major rating

29  service. Said bonds and preferred stocks that are convertible

30  into common stocks shall be considered common stocks and the

31

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  1  purchase of same shall be limited by the provisions of

  2  subparagraph 5.

  3         d.  The Board shall engage the services of professional

  4  investment counsel to assist and advise the trustees in the

  5  performance of their duties.

  6         e.  At least once every 3 years, the Board shall retain

  7  an independent consultant professionally qualified to evaluate

  8  the performance of its professional money manager or

  9  investment counsel. The independent consultant shall make

10  recommendations to the Board at its next regularly scheduled

11  meeting.

12         (c)  Maximum of cash not invested.--No more than 10

13  percent of the assets of the Fund shall be held in cash or in

14  noninterest-bearing deposits.

15         (d)  Administrative expenses.--The administrative

16  expenses of the Fund shall be paid by the Fund.

17         (e)  Restrictions on the use of assets of Fund.--The

18  assets of the Fund shall be used only for the payment of

19  benefits and other disbursements authorized by this act and

20  shall be used for no other purpose.

21         (5)  Service pension.--

22         (a)  Normal retirement.--

23         1.  Any member whose entry or reentry in the employment

24  of the Department occurs after April 30, 1959, who has

25  attained age 50 years and who has acquired 15 or more years of

26  service credit or has 25 years of service credit without

27  regard to age shall, upon application filed with the Board, be

28  retired and shall be entitled to a monthly pension for the

29  remainder of his or her life equal to the greater of the

30  following, as applicable:

31

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  1         a.  For a member who is actively employed by the

  2  Department on or after October 1, 1998, or who is part of the

  3  DROP on or after October 1, 1998, 3 percent of his or her

  4  final average salary multiplied by the number of years, and

  5  fraction of a year, of service credit earned from and after

  6  October 1, 1982, plus 2-1/2 percent of his or her final

  7  average salary multiplied by the number of years, and fraction

  8  of a year, of service credit earned prior to October 1, 1982,

  9  provided that in no case shall the total monthly pension

10  payable to any such member exceed 78 percent of his or her

11  final average salary;

12         b.  For members who terminated employment, retired, or

13  entered the DROP prior to October 1, 1998, except as provided

14  in sub-subparagraph a., 2-1/2 percent of his or her final

15  average salary multiplied by the number of years, and fraction

16  of a year, of service credit, provided that in no case shall

17  the total monthly pension payable to any member exceed 65

18  percent of his or her final average salary; or

19         c.  The sum of the following:

20         (I)  Two and one-half percent of final average salary

21  multiplied by the number of years, and fraction of a year, of

22  service credit to a maximum of 26 years of service, and 2

23  percent of his or her final average salary multiplied by the

24  number of years, and fraction of a year, in excess of 26 years

25  of service, for all years of service earned through September

26  30, 1988; and

27         (II)  Two percent of final average salary multiplied by

28  the number of years, and fraction of a year, of service credit

29  earned on and after October 1, 1988.

30         2.  Any member whose entry or reentry in the employment

31  of the Department occurs after April 30, 1959, and prior to

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  1  July 1, 1977, may elect upon his or her retirement to receive

  2  a pension under the provisions of this subparagraph in lieu of

  3  subparagraph 1., as follows: Any member who has attained age

  4  55 years and who has acquired 20 or more years of service

  5  credit shall, upon his or her application filed with the

  6  Board, be retired and, when so retired, shall be entitled to a

  7  monthly pension for the remainder of his or her life equal to

  8  the greater of the following:

  9         a.  Two percent of final average salary multiplied by

10  the number of years, or fraction of a year, of service credit

11  not to exceed 25 years, provided that in no case shall the

12  total monthly pension payable to any member exceed 65 percent

13  of his or her final average salary; or

14         b.  The sum of the following:

15         (I)  Two and one-half percent of final average salary

16  multiplied by the number of years, and fraction of a year, of

17  service credit to a maximum of 26 years of service, and 2

18  percent of final average salary multiplied by the number of

19  years and fraction of a year in excess of 26 years of service,

20  for all years of service earned through September 30, 1988;

21  and

22         (II)  Two percent of final average salary multiplied by

23  the number of years, and fraction of a year, of service credit

24  earned on and after October 1, 1988. The 3-percent benefit

25  accrual factor in sub-subparagraph 1.a. is contingent on and

26  subject to the adoption and maintenance of the assumptions set

27  forth in subsection (22). If such assumptions are modified by

28  legislative, judicial, or administrative agency action, and

29  the modification results in increased City contributions to

30  the Pension Fund, the 3-percent accrual factor in

31  sub-subparagraph 1.a. shall be automatically decreased

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  1  prospectively, from the date of the action, to completely

  2  offset the increase in City contributions. However, in no

  3  event shall the benefit accrual factor in sub-subparagraph

  4  1.a. be adjusted below 2.5 percent. To the extent that the

  5  benefit accrual factor is less than 3 percent, the

  6  supplemental pension distribution calculation under paragraph

  7  (d) shall be adjusted for employees who retire on or after

  8  October 1, 1998, and those employees who were members of the

  9  DROP on October 1, 1998. The adjustment shall be to decrease

10  the minimum return of 8.25 percent needed to afford the

11  supplemental pension distribution, when the amount of the

12  reduction is zero if an employee has been credited with 16 or

13  more years with the 3-percent benefit accrual factor or 1.25

14  percent if an employee has been credited with no more than a

15  2.5-percent benefit accrual factor. If an employee has been

16  credited with less than 16 years at the 3-percent benefit

17  accrual factor, then the accumulated amount over 2.5 percent

18  for each year of service divided by .5 percent divided by 16

19  subtracted from 1 multiplied by 1.25 percent is the reduction

20  from 8.25 percent. An example of the calculation of the

21  minimum return for supplemental pension distribution as

22  described above is set forth in Appendix B to the collective

23  bargaining agreement between the City of West Palm Beach and

24  the West Palm Beach Association of Firefighters, Local

25  727-IAFF, October 1, 1998-September 30, 2001.

26         (b)  Vested deferred retirement.--A member who leaves

27  the employ of the Department with 10 or more years of credited

28  service who is not eligible for any other retirement benefit

29  under this act shall be entitled to the applicable pension

30  provided for in paragraph (a) or paragraph (c). Payment of

31  this pension shall begin the first day of the calendar month

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  1  following the month in which the member's application is filed

  2  with and accepted by the Board on or after attainment of age

  3  50 years. If applicable, the amount of the pension shall be

  4  determined in accordance with paragraph (c).

  5         (c)  Early retirement.--Any member may retire from the

  6  service of the Department as of the first day of any calendar

  7  month which is prior to the member's normal retirement date

  8  but subsequent to the date as of which the member has both

  9  attained the age of 50 and has been a member of this Fund for

10  10 continuous years. In the event of early retirement, the

11  monthly amount of retirement income shall be computed as

12  described in paragraph (a), taking into account his or her

13  credited service to the date of actual retirement and his or

14  her final average salary as of such date. The amount of

15  retirement income shall be actuarially reduced to take into

16  account the member's younger age and earlier commencement of

17  retirement income benefits. The early retirement reduction

18  shall be 3 percent for each year by which the member's age at

19  retirement preceded the member's normal retirement age.

20         (d)  Supplemental pension distribution.--

21         1.a.  The actuary for the Pension Fund shall determine

22  the rate of investment return earned on Pension Fund assets

23  during the 12-month period ending each September 30. The rate

24  determined shall be the rate reported in the most recent

25  actuarial report submitted pursuant to part VII of chapter

26  112, Florida Statutes.

27         b.  The actuary for the Pension Fund shall determine

28  the actuarial present value, as of September 30, of future

29  pension payments to eligible persons, as described in

30  subparagraph 3., who are then being paid a pension. The

31  actuarial present values shall be calculated using an interest

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  1  rate of 7 percent per year compounded yearly and a mortality

  2  table as approved by the Board of Trustees and as used in the

  3  most recent actuarial report submitted pursuant to part VII of

  4  chapter 112, Florida Statutes.

  5         c.  A distribution amount shall be determined as of

  6  each September 30. For distributions made after October 1,

  7  1998, there shall be two different calculations to determine

  8  the distribution amount. For those employees who retire on or

  9  after October 1, 1998, or who are part of the DROP on or after

10  October 1, 1998, the distribution amount shall be equal to

11  factor (i) for each applicable member multiplied by the sum of

12  factor (ii) and the positive difference, if any, between

13  factor (iii) and 8.25 percent. For those employees who have

14  retired before October 1, 1998, except as provided in this

15  sub-subparagraph, the distribution amount shall be equal to

16  factor (i) for each applicable member multiplied by the sum of

17  factor (ii) and the positive difference, if any, between

18  factor (iii) and 7 percent. For purposes of both calculations,

19  factor (i) is the actuarial present value determined in

20  sub-subparagraph 1.b. for the respective group. Factor (ii) is

21  one-half of the investment return rate in sub-subparagraph

22  1.a. in excess of 9 percent. Factor (iii) is the rate of

23  investment return in sub-subparagraph 1.a., not to exceed 9

24  percent. The distribution amount shall not exceed accumulated

25  net actuarial experience from all pension liabilities and

26  assets. If the net actuarial experience is favorable,

27  cumulatively, commencing with the experience for the year

28  ended September 30, 1985, after offset for all prior

29  supplemental distributions, the supplemental distribution may

30  be made. If the net actuarial experience is unfavorable,

31  cumulatively, commencing with the experience for the year

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  1  ended September 30, 1985, after offset for all prior

  2  supplemental distributions, no supplemental distribution may

  3  be made, and the City must amortize the loss until it is

  4  offset by cumulative favorable experience.

  5

  6  If an actuarial report submitted as provided in this paragraph

  7  is not state accepted prior to distribution, and if a

  8  deficiency to the Pension Fund results, the deficiency shall

  9  be made up from the next available supplemental pension

10  distribution, unless sooner made up by agreement between the

11  Board of Trustees and the City. No such deficiency shall be

12  permitted to continue for a period of greater than 3 years

13  from the date of payment of the supplemental pension

14  distribution which resulted in the deficiency.

15         2.  The Board of Trustees shall determine annually if

16  there is to be a supplemental pension distribution. The

17  supplemental pension distribution is that portion of the

18  distribution amount, as defined in sub-subparagraph 1.c., to

19  be distributed to eligible persons.

20         3.  Eligible persons are:

21         a.  Pensioners.

22         b.  Surviving spouses.

23         c.  Surviving dependent children.

24         d.  Surviving dependent parents.

25         e.  Pensioners' estates for the year following death

26  only.

27

28  Eligible persons are initially eligible if they have been in

29  receipt of a pension for at least 1 year on the first

30  distribution date following their retirement. A survivor

31  beneficiary of a deceased retired member shall be considered

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  1  to have been in receipt of a pension for at least 1 year if at

  2  least 12 monthly pension payments have been made on account of

  3  the retirement. A surviving spouse may count the retirement

  4  period, if any, of the deceased member toward the 1-year

  5  requirement. Surviving spouses, children, and parents and

  6  retired members who receive pension adjustments under the

  7  prior escalator clause are not eligible for the supplemental

  8  pension distribution.

  9         4.  The supplemental pension distribution dates shall

10  be the April 1 following the effective date of this subsection

11  and each April 1 thereafter. Each eligible person shall be

12  paid his or her allocated portion of the applicable

13  supplemental pension distribution amount from the preceding

14  September 30. A pensioner's estate is entitled to a pro rata

15  share of the deceased retiree's supplemental pension

16  distribution based on the number of months that the deceased

17  retiree received a pension during the year ending the

18  September 30 prior to the pensioner's death after initial

19  eligibility.

20         5.  Each supplemental pension distribution amount shall

21  be allocated among the eligible persons in the proportion that

22  an eligible person's supplemental pension distribution points

23  bears to the aggregate amount of supplemental pension

24  distribution points of all eligible persons. An eligible

25  person shall be credited with supplemental pension

26  distribution points as follows:

27         a.  Three and eighty-five hundredths of a point

28  multiplied by the service credit of the member at the time of

29  retirement or prior to death; however, in the computation of

30  the supplemental pension distribution due the in-line-of-duty

31

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  1  pensioner, the maximum service credit of 26 years shall be

  2  used.

  3         b.  Maximum service credit shall be 26 years.

  4         c.  Allocations for surviving spouses and surviving

  5  dependent children who are eligible to receive supplemental

  6  pension distributions shall be 75 percent of the years of

  7  service earned by the pensioner. Allocations for duty death

  8  beneficiaries (surviving spouse and surviving children) shall

  9  be based upon 75 percent of 26 years of service.

10         (e)  Payment of benefits.--

11         1.  First payment.--Service pensions shall be payable

12  on the first day of each month. The first payment shall be

13  payable on the first day of the month coincident with or next

14  following the date of retirement, or death, provided the

15  member has completed the applicable age and service

16  requirements.

17         2.  Last payment.--The last payment shall be the

18  payment due next preceding the member's death, except that

19  payments shall be continued to the designated beneficiary or

20  beneficiaries if a 10-year certain benefit, a joint and

21  survivor option, or beneficiary benefits, as applicable, are

22  payable.

23         (f)  Normal form of retirement income.--

24         1.  Married member.--The normal form of retirement

25  benefit for a married member or for a member with a dependent

26  child or children or parent or parents shall be a service

27  pension and beneficiary benefits. The service benefit shall

28  provide monthly payments for the life of the member.

29  Thereafter, beneficiary benefits shall be paid as provided in

30  subsection (7).

31

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  1         2.  Unmarried member.--The normal form of retirement

  2  benefit for an unmarried member without a dependent child or

  3  children or parent or parents shall be a 10-year certain

  4  benefit. This benefit shall pay monthly benefits for the

  5  member's lifetime. In the event the member dies after his or

  6  her retirement but before receiving retirement benefits for a

  7  period of 10 years, the same monthly benefit shall be paid to

  8  the beneficiary or beneficiaries as designated by the member

  9  for the balance of such 10-year period or, if no beneficiary

10  is designated, to heirs at law, or estate of the member, as

11  provided in section 175.181, Florida Statutes.

12         (g)  Optional forms of retirement income.--

13         1.a.  In the event of normal, early, or disability

14  retirement, in lieu of the normal form of retirement income

15  payable as specified in paragraph (a), paragraph (b),

16  paragraph (c), or subsection (6) and in lieu of the

17  beneficiary benefits as specified in subsection (7), a member,

18  upon written request to the Board and subject to the approval

19  of the Board, may elect to receive a retirement income of

20  equivalent actuarial value payable in accordance with one of

21  the following options:

22         (I)  Lifetime option.--A retirement income of a larger

23  monthly amount, payable to the member for his or her lifetime

24  only.

25         (II)  Joint and survivor option.--A retirement income

26  of a modified monthly amount, payable to the member during the

27  joint lifetime of the member and a dependent joint pensioner

28  designated by the member, and following the death of either of

29  them, 100 percent, 75 percent, 66-2/3 percent, or 50 percent

30  of such monthly amounts, payable to the survivor for the

31  lifetime of the survivor.

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  1         b.  The member, upon electing any option of this

  2  paragraph, shall designate the joint pensioner or beneficiary

  3  or beneficiaries to receive the benefit, if any, payable in

  4  the event of his or her death, and will have the power to

  5  change such designation from time to time; but any such change

  6  shall be deemed a new election and shall be subject to

  7  approval by the Board. Such designation shall name a joint

  8  pensioner or one or more primary beneficiaries where

  9  applicable. If a member has elected an option with a joint

10  pensioner or beneficiary and his or her retirement income

11  benefits have commenced, he or she may thereafter change the

12  designated joint pensioner or beneficiary only twice.

13         c.  The consent of a member's joint pensioner or

14  beneficiary to any such change shall not be required. However,

15  the spouse of a married member must consent to any election to

16  waive a joint and survivor benefit by signing the election

17  form before a notary public. The spouse's written consent must

18  acknowledge the effect of such a waiver. Consent of the spouse

19  shall not be required if the spouse cannot be located, or for

20  such other circumstances as may be prescribed by the Secretary

21  of the Treasury of the United States. Any consent by a spouse

22  shall be effective only with respect to such spouse.

23         d.  The Board may request such evidence of the good

24  health of the joint pensioner that is being added as it may

25  require; and the amount of the retirement income payable to

26  the member upon the designation of a new joint pensioner shall

27  be actuarially redetermined, taking into account the age and

28  sex of the former joint pensioner, the new joint pensioner,

29  and the member. Each such designation shall be filed with the

30  Board. In the event that no designated beneficiary survives

31  the member, such benefits as are payable in the event of the

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  1  death of the member subsequent to his or her retirement shall

  2  be paid as provided in subparagraph (h)2.

  3         2.  Retirement income payments shall be made under the

  4  option elected in accordance with the provisions of this

  5  paragraph and shall be subject to the following limitations:

  6         a.  If a member dies prior to his or her normal

  7  retirement date or early retirement date, whichever first

  8  occurs, retirement benefits shall be paid in accordance with

  9  subsection (7).

10         b.  If the designated beneficiary or beneficiaries or

11  joint pensioner dies before the member's retirement, the

12  option elected shall be canceled automatically and a

13  retirement income of the normal form and amount shall be

14  payable to the member upon the member's retirement as if the

15  election has not been made, unless a new election is made in

16  accordance with the provisions of this paragraph or a new

17  beneficiary is designated by the member prior to retirement.

18         c.  If a member continues in the employ of the

19  Department after meeting the age and service requirements set

20  forth in paragraph (a) or paragraph (c) and dies prior to the

21  member's actual retirement, and while an option made pursuant

22  to this subparagraph is in effect, monthly retirement income

23  payments shall be paid, under the option, to a beneficiary or

24  beneficiaries designated by the member in the amount or

25  amounts computed as if the member has retired under the option

26  on the date on which the member's death occurred.

27         3.  No member may make any change in his or her

28  retirement option after the date of cashing or depositing the

29  first retirement check.

30         (h)  Designation of beneficiary.--

31

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  1         1.  Each member may, on a form provided for that

  2  purpose, signed and filed with the Board, designate a

  3  beneficiary or beneficiaries to receive the benefit, if any,

  4  which may be payable in the event of the member's death; and

  5  each designation may be revoked by such member by signing and

  6  filing with the Board a new designation of beneficiary form.

  7  However, after the benefits have commenced, a retirant may

  8  change his or her designation of joint annuitant or

  9  beneficiary only twice. If the retirant desires to change his

10  or her joint annuitant or beneficiary, the retirant shall file

11  with the Board a notarized notice of such change either by

12  registered letter or on a form as provided by the Board. Upon

13  receipt of a completed change of joint annuitant form or such

14  other notice, the Board shall adjust the member's monthly

15  benefit by the application of actuarial tables and

16  calculations developed to ensure that the benefit paid is the

17  actuarial equivalent of the present value of the member's

18  current benefit.

19         2.  Absence or death of beneficiary.--If a deceased

20  member fails to name a beneficiary in the manner prescribed in

21  subparagraph 1., or if the beneficiary or beneficiaries named

22  by a deceased member predecease the member, the beneficiary

23  benefits, if any, which may be payable with respect to such

24  deceased member may be paid, in the discretion of the Board

25  to:

26         a.  The spouse or dependent child or children of the

27  member;

28         b.  The dependent living parent or parents of the

29  member; or

30         c.  The estate of the member.

31

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  1         (i)  Refund of contributions.--In the event a member

  2  leaves the employ of the Department or dies with less than 10

  3  years of credited service, and no service pension, disability

  4  pension, or beneficiary benefit is payable, the contributions

  5  made by him or her to the Fund shall be refunded, without

  6  interest (less any disability payments paid to the member), to

  7  the member or, in the event of death, to the beneficiary or to

  8  the member's estate.

  9         (j)  Chapter 175, Florida Statutes, share accounts.--

10         1.  Individual member accounts.--A separate account

11  shall be established and maintained in each member's name

12  effective on or after October 1, 1988.

13         2.  Share account funding.--

14         a.  Each individual member account shall be credited

15  with a pro rata share of all of the moneys received from

16  chapter 175, Florida Statutes, tax revenues in June 1988 and

17  thereafter.

18         b.  In addition, any forfeitures as provided in

19  subparagraph 5. shall be credited to the individual member

20  accounts in accordance with the formula set forth in

21  subparagraph 3.

22         3.  Annual allocation of accounts.--

23         a.  Moneys shall be credited to each individual member

24  account in an amount directly proportionate to the number of

25  pay periods for which the member was paid compared to the

26  total number of pay periods for which all members were paid,

27  counting the pay periods in the calendar year preceding the

28  date for which chapter 175, Florida Statutes, tax revenues

29  were received.

30         b.  At the end of each fiscal year (September 30), each

31  individual account shall be adjusted to reflect the earnings

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  1  or losses resulting from investment, as well as reflecting

  2  costs, fees, and expenses of administration.

  3         c.  The investment earnings or losses credited to the

  4  individual member accounts shall be in the same percentage as

  5  are earned or lost by the total investment earnings or losses

  6  of the Fund as a whole, unless the Board dedicates a separate

  7  investment portfolio for chapter 175, Florida Statutes, share

  8  accounts, in which case the investment earnings or losses

  9  shall be measured by the investment earnings or losses of the

10  separate investment portfolio.

11         d.  Costs, fees, and expenses of administration shall

12  be debited from the individual member accounts on a

13  proportionate basis, taking the cost, fees, and expenses of

14  administration of the Fund as a whole, multiplied by a

15  fraction, the numerator of which is the total assets in all

16  individual member accounts and the denominator of which is the

17  total assets of the Fund as a whole. The proportionate share

18  of the costs, fees, and expenses shall be debited from each

19  individual member account on a pro rata basis in the same

20  manner as chapter 175, Florida Statutes, tax revenues are

21  credited to each individual member account (i.e., based on pay

22  periods).

23         e.  If the entire balance of the individual member

24  account is withdrawn before September 30 of any year, there

25  shall be no adjustment made to that individual member account

26  to reflect either investment earnings or losses or costs,

27  fees, and expenses of administration.

28         4.  Eligibility for benefits.--Any member who

29  terminates employment with the City, upon the member's filing

30  an application with the Board, shall be entitled to 100

31

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  1  percent of the value of his or her individual member account,

  2  provided the member meets any of the following criteria:

  3         a.  The member is eligible to receive a service pension

  4  as provided in this subsection;

  5         b.  The member has 5 or more years of credited service

  6  and is eligible to receive either:

  7         (I)  A nonduty disability pension as provided in

  8  paragraph (6)(a); or

  9         (II)  Beneficiary benefits for nonduty death as

10  provided in paragraph (7)(a); or

11         c.  The member has any credited service and is eligible

12  to receive either:

13         (I)  A duty disability pension as provided in paragraph

14  (6)(c); or

15         (II)  Beneficiary benefits for death in the line of

16  duty as provided in paragraph (7)(b).

17         5.  Forfeitures.--Any member who has less than 10 years

18  of credited service and who is not eligible for payment of

19  benefits after termination of employment with the City shall

20  forfeit his or her individual member account. The amounts

21  credited to said individual member account shall be

22  redistributed to the other individual member accounts in the

23  same manner as chapter 175, Florida Statutes, tax revenues are

24  credited (i.e., based on pay periods).

25         6.  Payment of benefits.--The normal form of benefit

26  payment shall be a lump sum payment of the entire balance of

27  the individual member account; or, upon the written election

28  of the member, upon a form prescribed by the Board, payment

29  may be made either over 3 years in annual installments or in

30  the form of a monthly annuity.

31

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  1         7.  Death of a member.--If a member dies and is

  2  eligible for benefits from the individual member account, the

  3  entire balance of the individual member account shall be paid

  4  in a lump sum to the beneficiaries designated in accordance

  5  with paragraph (h). If a member fails to designate a

  6  beneficiary or, if the beneficiary predeceases the member, the

  7  entire balance shall be paid in a lump sum in the following

  8  order:

  9         a.  To the spouse;

10         b.  If there is no spouse or the spouse is not alive,

11  to the member's surviving child or children on a pro rata

12  basis;

13         c.  If there are no children or no child is alive, to

14  the member's parent or parents; or

15         d.  If no parent is alive, to the estate of the member.

16         (k)  Deferred Retirement Option Plan (DROP).--

17         1.  Eligibility to participate in the DROP.--

18         a.  Any member who is eligible to receive an early or

19  normal retirement pension may participate in the DROP. Members

20  shall elect to participate by applying to the Board of

21  Trustees on a form provided for that purpose.

22         b.  Election to participate shall be forfeited if not

23  exercised within the first 35 years of combined credited

24  service.

25         c.  A member shall not participate in the DROP beyond

26  the time of attaining 37 years of service and the total years

27  of participation in the DROP shall not exceed 5 years. For

28  example:

29         (I)  Members with 32 years of credited service at the

30  time of entry shall participate for only 5 years.

31

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  1         (II)  Members with 33 years of credited service at the

  2  time of entry shall participate for only 4 years.

  3         (III)  Members with 34 years of credited service at the

  4  time of entry shall participate for only 3 years.

  5         (IV)  Members with 35 years of credited service at the

  6  time of entry shall participate for only 2 years.

  7         d.  Upon a member's election to participate in the

  8  DROP, he or she shall cease to be a member and shall no longer

  9  accrue any benefits under the Pension Fund, except for the

10  benefits provided under paragraph (j) of this subsection,

11  chapter 175, Florida Statutes, share accounts. For all Fund

12  purposes, the member becomes a retirant, except that a DROP

13  participant shall continue to receive shares of the chapter

14  175, Florida Statutes, money in accordance with paragraph (j),

15  chapter 175, Florida Statutes, share accounts. The amount of

16  credited service and final average salary shall freeze as of

17  the date of entry into the DROP.

18         2.  Amounts payable upon election to participate in the

19  DROP.--

20         a.  Monthly retirement benefits that would have been

21  payable had the member terminated employment with the

22  Department and elected to receive monthly pension payments

23  shall be paid into the DROP and credited to the retirant.

24  Payments into the DROP shall be made monthly over the period

25  the retirant participates in the DROP, up to a maximum of 60

26  months.

27         b.  Payments to the DROP earn interest using the rate

28  of investment return earned on Pension Fund assets as reported

29  by the Fund's investment monitor. DROP assets are commingled

30  with the Pension Fund assets for investment purposes. However,

31  if a member does not terminate employment at the end of

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  1  participation in the DROP, interest credit shall cease on the

  2  current balance and on all future DROP deposits.

  3         c.  No payments shall be made from the DROP until the

  4  member terminates employment with the Department.

  5         d.  Upon termination of employment, participants in the

  6  DROP shall receive the balance of the DROP account in

  7  accordance with the following rules:

  8         (I)  Members may elect to receive payment upon

  9  termination of employment or defer payment of the DROP until

10  the latest day under sub-sub-subparagraph (III).

11         (II)  Payments shall be made in either:

12         (A)  Lump sum.--The entire account balance shall be

13  paid to the retirant upon approval of the Board of Trustees.

14         (B)  Installments.--The account balance shall be paid

15  out to the retirant in three equal payments paid over 3 years,

16  the first payment to be made upon approval of the Board of

17  Trustees.

18         (C)  Annuity.--The account balance shall be paid out in

19  monthly installments over the lifetime of the member or until

20  the entire balance is exhausted. The monthly amount paid shall

21  be determined by the Fund's actuary in accordance with

22  selections made by the member in a form provided by the Board

23  of Trustees.

24         (III)  Any form of payment selected by a member must

25  comply with the minimum distribution requirements of the IRC

26  401(A)(9), and are subject to the requirements of subsection

27  (19).

28         (IV)  The beneficiary of the DROP participant who dies

29  before payments from DROP begin shall have the same right as

30  the participant in accordance with subsection (7).

31         3.  Loans from the DROP.--

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  1         a.  Availability of loans.--

  2         (I)  Loans are available to members only after

  3  termination of employment, provided the member had

  4  participated in the DROP for a period of 12 months.

  5         (II)  Loans may only be made from a member's own

  6  account.

  7         (III)  There may be no more than one loan at a time.

  8         b.  Amount of loan.--

  9         (I)  Loans may be made up to a maximum of 50 percent of

10  account balance.

11         (II)  The maximum dollar amount of a loan is $50,000,

12  reduced by the highest outstanding loan balance during the

13  last 12 months.

14         (III)  The minimum amount of a loan is $5,000.

15         c.  Limitation on loans.--Loans shall be made from the

16  amounts paid into the DROP and earnings thereon.

17         d.  Term of the loan.--

18         (I)  The loan must be for at least 1 year.

19         (II)  The loan shall be no longer than 5 years.

20         e.  Loan interest rate.--

21         (I)  The interest rate shall be fixed at the time the

22  loan is originated for the entire term of the loan.

23         (II)  The interest rate shall be equal to the lowest

24  prime rate published by the Wall Street Journal on the last

25  day of each calendar quarter preceding the date of the loan

26  application.

27         f.  Defaults of loans.--

28         (I)  Loans shall be in default if 2 consecutive months'

29  repayments are missed or if a total of 4 months' repayments

30  are missed.

31

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  1         (II)  Upon default, the entire balance becomes due and

  2  payable immediately.

  3         (III)  If a loan in default is not repaid in full

  4  immediately, the loan may be canceled and the outstanding

  5  balance treated as a distribution, which may be taxable.

  6         (IV)  Upon default of a loan, a member shall not be

  7  eligible for additional loans.

  8         g.  Miscellaneous provisions.--

  9         (I)  All loans must be evidenced by a written loan

10  agreement signed by the member and the Board of Trustees. The

11  agreement shall contain a promissory note.

12         (II)  A member's spouse must consent in writing to the

13  loan. The consent shall acknowledge the effect of the loan on

14  the member's account balance.

15         (III)  Loans shall be considered general assets of the

16  Fund.

17         (IV)  Loans shall be subject to administrative fees to

18  be set by the Board of Trustees.

19         4.  After-tax contributions to the DROP.--

20         a.  A member may make after-tax contributions to the

21  DROP. The maximum amount that may be contributed is the lesser

22  of:

23         (I)  The IRS 415(c) limit.

24         (II)  The amount allowable under IRC 401(m).

25         b.  After-tax contributions to the DROP shall earn

26  interest in the same manner as set forth in sub-subparagraph

27  2.b.

28         c.  Distributions to members or their beneficiaries of

29  after-tax contributions may be withdrawn at any time on or

30  after termination of employment. However, payments must be

31  made at least as promptly as required under subsection (19).

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  1         d.  Loans shall not be made against after-tax

  2  contributions.

  3         (6)  Disability pensions, medical examinations, return

  4  to work, etc.--

  5         (a)  Nonduty disability requirements.--Any member with

  6  5 or more years of service credit who is regularly employed in

  7  the Department who becomes physically or mentally totally and

  8  permanently disabled by illness, disease, or injury to perform

  9  the duties of a firefighter shall, upon the member's

10  application to the Board, be retired with a pension provided

11  for in this paragraph, provided that after a medical

12  examination of the member made by or under the direction of a

13  medical committee, the medical committee reports to the Board,

14  in writing, whether:

15         1.  The member is wholly prevented from rendering

16  useful and efficient service as a firefighter; and

17         2.  The member is likely to remain so disabled

18  continuously and permanently.

19

20  The Board may admit and consider any other evidence that it

21  deems appropriate. The final decision as to whether a member

22  meets the requirements for a nonduty disability pension rests

23  with the Board and shall be based on competent substantial

24  evidence on the record as a whole.

25         (b)  Nonduty disability pension benefits.--Upon

26  retirement on account of disability as provided in paragraph

27  (a), a member shall receive a disability pension computed

28  according to subparagraph (5)(a)1., notwithstanding that he or

29  she might not have attained age 50 years and might not have 15

30  or more years of service credit. Further, if the member has at

31  least 10 years of service credit, the disability pension shall

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  1  not be less than 25 percent of the member's average monthly

  2  salary at the time of disability. A disability retiree may

  3  select optional forms of benefits in accordance with paragraph

  4  (5)(g).

  5         (c)  Duty disability requirements.--Any member who is

  6  regularly employed in the Department and who becomes

  7  physically or mentally totally and permanently disabled to

  8  perform the duties of a firefighter by reason of an injury or

  9  disease arising out of and in the course of the performance of

10  his or her duties as a firefighter in the employ of the City,

11  shall, upon his or her application to the Board, be retired

12  with a disability pension provided for in this paragraph,

13  provided that after a medical examination of the member made

14  by or under the direction of the medical committee, the

15  medical committee reports to the Board in writing, whether:

16         1.  The member is wholly prevented from rendering

17  useful and efficient service as a firefighter; and

18         2.  The member is likely to remain so disabled

19  continuously and permanently.

20

21  The Board shall admit and consider any other evidence that it

22  deems appropriate. Any condition or impairment of health of a

23  member caused by tuberculosis, hypertension, heart disease,

24  hepatitis, or meningococcal meningitis resulting in total

25  disability or death shall be presumed to have been accidental

26  and suffered in the line of duty unless the contrary is shown

27  by competent evidence, provided such member shall have

28  successfully passed a physical examination before entering

29  into such service, which examination failed to reveal any

30  evidence of such condition. In order to be entitled to the

31  presumption in the case of hepatitis, meningococcal

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  1  meningitis, or tuberculosis, the member must meet the

  2  requirements of section 112.181, Florida Statutes. The final

  3  decision as to whether a member meets the requirements for a

  4  disability pension rests with the Board, based on competent

  5  substantial evidence on the record as a whole.

  6         (d)  Duty disability pension benefits.--Upon retirement

  7  on account of disability, as provided in paragraph (c), a

  8  member shall receive a monthly pension for the remainder of

  9  his or her life, equal to the greater of the following:

10         1.  Sixty-five percent of the final average salary; or

11         2.  The sum of the following:

12         a.  Two and one-half percent of the member's final

13  average salary multiplied by the number of years, and fraction

14  of a year, of his or her service credit to a maximum of 26

15  years of service, and 2 percent of his or her final average

16  salary multiplied by the number of years, and fraction of a

17  year, in excess of 26 years of service, for all years of

18  service earned through September 30, 1988; and

19         b.  Two percent of the member's final average salary

20  multiplied by the number of years, and fraction of a year, of

21  his or her service credit earned on or after October 1, 1988.

22         (e)  Medical committee.--The medical committee provided

23  for in this subsection shall consist of no less than two

24  qualified health professionals, one of whom shall be

25  designated by the Board and one by the member. If deemed

26  necessary by the Board, a third qualified health professional,

27  selected by the two committee members previously designated,

28  may be named to the medical committee. The medical committee

29  shall report to the Board the existence and degree of

30  permanent physical impairment of the member, if any, based

31  upon the most recent edition of the American Medical

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  1  Association's Guide to the Evaluation of Permanent Impairment,

  2  if applicable.

  3         (f)  Exclusions from disability pensions.--No

  4  disability pension shall be payable, either as a duty

  5  disability pension or as a nonduty disability pension, if the

  6  disability is a result of:

  7         1.  Excessive and habitual use by the member of drugs,

  8  intoxicants, or narcotics;

  9         2.  Injury or disease sustained by the member while

10  willfully and illegally participating in fights, riots, or

11  civil insurrections or while committing a crime;

12         3.  Injury or disease sustained by the member while

13  serving in any armed forces;

14         4.  Injury or disease sustained by the member after his

15  or her employment has terminated;

16         5.  Injury or disease sustained by the member while

17  working for anyone other than the City and arising out of such

18  employment; or

19         6.  Injury or disease sustained by the member before

20  coming to work for the City. This exclusion applies to duty

21  disability applications only.

22         (g)  Payment of disability pensions.--Monthly

23  disability retirement benefits shall be payable as of the date

24  the Board determines that the member was entitled to a

25  disability pension; however, the first payment shall actually

26  be paid on the first day of the first month after the Board

27  determines such entitlement. Any portion due for a partial

28  month shall be paid together with the first payment. If the

29  member recovers from the disability prior to his or her normal

30  retirement date, the last payment shall be the payment due

31  next preceding the date of such recovery or, if the member

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  1  dies without recovering from his or her disability, then the

  2  following shall apply:

  3         1.  Married member.--Beneficiary benefits as set forth

  4  in subsection (7) shall be paid if, at the time of death, the

  5  member was married or had a dependent child or children or

  6  parent or parents; or

  7         2.  Unmarried member with 10 years of service or

  8  more.--Payments shall be made until the member's death or the

  9  120th monthly payment, whichever is later; or

10         3.  Unmarried member with less than 10 years of

11  service.--Payments shall be made until the member's death.

12

13  Any monthly retirement income payments due after the death of

14  a disabled member shall be paid to the member's designated

15  beneficiary or beneficiaries or the member's estate as

16  provided in paragraph (5)(h) or subsection (7), as applicable.

17         (h)  Reexamination of disability retirant.--At least

18  once each year during the first 5 years following a member's

19  retirement on account of disability, and at least once in each

20  3-year period thereafter, the Board shall require any

21  disability retirant who has not attained age 50 to undergo a

22  medical examination to be made by or under the direction of a

23  physician designated by the Board. However, if a disability

24  retirant has lost the firefighter certification, as required

25  by Florida Statutes, then the reexamination is discretionary.

26  If the retirant refuses to submit to the medical examination

27  in any such period, his or her disability pension may be

28  suspended by the Board until withdrawal of such refusal. If

29  such refusal continues for 1 year, all of the retirant's

30  rights in and to a disability pension may be revoked by the

31  Board. If, upon medical examination of the retirant, the

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  1  physician reports to the Board that the retirant is physically

  2  able and capable of performing the duties of a firefighter in

  3  the rank held by him or her at the time of retirement, the

  4  member shall be returned to employment in the Department at a

  5  salary not less than the salary of the rank last held by him

  6  or her, provided that return to the employ of the Department

  7  shall be subject to the approval of the Fire Chief. Should the

  8  retirant become employed by the City, his or her disability

  9  pension shall terminate.

10         (i)  Return to work of a disability retirant; service

11  credit.--In the event a disability retirant is returned to

12  employment in the department, as provided in paragraph (h),

13  his or her service credit at the time of disability retirement

14  shall be restored to his or her credit. In the event he or she

15  retired under the provisions of paragraph (c), he or she shall

16  be given service credit for the period he or she was in

17  receipt of a disability pension. If he or she retired under

18  the provisions of paragraph (a), he or she shall not be given

19  service credit for the period he or she was in receipt of a

20  disability pension.

21         (j)  Expenses of medical examinations for

22  disability.--The member shall be responsible for the expenses

23  of the physician the member designates for medical

24  examinations required under this subsection. Expenses for any

25  other medical examinations required under this subsection

26  shall be paid by the Fund.

27         (7)  Beneficiary benefits.--

28         (a)  Death while in service; 5 years or more

29  (nonduty).--In the event a member with 5 or more years of

30  service credit dies while in the employ of the Department, and

31  the Board finds his or her death to have occurred as the

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  1  result of causes arising outside the performance of his or her

  2  duties as a firefighter in the employ of the City, the

  3  following applicable pensions shall be paid:

  4         1.  Surviving spouse's benefits.--The surviving spouse

  5  shall receive a pension equal to two-thirds of the pension the

  6  member would otherwise have been entitled to receive under

  7  paragraph (5)(a), as if the member had retired the day

  8  preceding the date of his or her death, notwithstanding that

  9  the member might not have met the age and service requirements

10  for retirement as specified in subsection (5). Upon the

11  surviving spouse's death, the pension shall terminate.

12         2.  Benefits for children, surviving spouse, etc.--In

13  the event the deceased member does not leave a surviving

14  spouse, or if the surviving spouse shall die, and the member

15  leaves an unmarried child or children under age 18, each such

16  child shall receive a pension of an equal share of the pension

17  to which said member's surviving spouse was or would have been

18  entitled. Upon any such child's adoption, marriage, death, or

19  attainment of age 18, the child's pension shall terminate and

20  said child's pension shall be apportioned to the deceased

21  member's remaining eligible children under age 18.

22         3.  Benefits for dependent parents.--In the event a

23  member dies and does not leave a surviving spouse or children

24  eligible to receive a pension provided for in subparagraphs 1.

25  and 2., and the member leaves a parent or parents whom the

26  Board finds to have been dependent upon the member for 50

27  percent or more of their financial support, each such parent

28  shall receive a pension of an equal share of the pension to

29  which the member's surviving spouse would have been entitled.

30  Upon any such parent's remarriage or death, the parent's

31  pension shall terminate.

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  1         4.  Estate.--In the event a member dies and does not

  2  leave a surviving spouse, children, or parents eligible to

  3  receive a pension provided for in subparagraph 1.,

  4  subparagraph 2., or subparagraph 3., then the benefits

  5  remaining, if any, shall be paid to the member's estate.

  6         (b)  Death in the line of duty.--In the event a member

  7  dies while in the employ of the Department, and the Board

  8  finds his or her death to be the natural and proximate result

  9  of causes arising out of and in the actual performance of duty

10  as a firefighter in the employ of the City, the following

11  applicable pensions shall be paid:

12         1.  Surviving spouse's benefits.--The surviving spouse

13  shall receive a monthly pension equal to three-fourths of the

14  duty disability pension the member would otherwise have been

15  entitled to receive at the time of his or her death. Upon the

16  surviving spouse's death, the pension shall terminate.

17         2.  Benefits for children, surviving spouse, etc.--In

18  the event the deceased member does not leave a surviving

19  spouse, or if the surviving spouse shall die, and the member

20  leaves an unmarried child or children under age 18, each such

21  child shall receive a pension of an equal share of the pension

22  to which the member's surviving spouse was or would have been

23  entitled. Upon any such child's adoption, marriage, death, or

24  attainment of age 18, the child's pension shall terminate and

25  said child's pension shall be apportioned to the deceased

26  member's remaining eligible children under age 18.

27         3.  Benefits for dependent parents.--In the event a

28  member dies and does not leave a surviving spouse or children

29  eligible to receive a pension provided for in subparagraphs 1.

30  and 2., and the member leaves a parent or parents whom the

31  Board finds to have been dependent upon the member for 50

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  1  percent or more of their financial support, each such parent

  2  shall receive a pension of an equal share of the pension to

  3  which said member's surviving spouse would have been entitled.

  4  Upon any such parent's remarriage or death, the parent's

  5  pension shall terminate.

  6         4.  Estate.--In the event a member dies and does not

  7  leave a surviving spouse, children, or parents eligible to

  8  receive a pension provided for in subparagraph 1.,

  9  subparagraph 2., or subparagraph 3., then the benefits

10  remaining, if any, shall be paid to the member's estate.

11         (c)  Death after retirement.--Upon the death of a

12  retirant, the following applicable pensions shall be paid:

13         1.  Surviving spouse's benefits.--The surviving spouse

14  shall receive a pension equal to three-fourths of the

15  retirant's pension at the time of his or her death. Upon the

16  surviving spouse's death, the pension shall terminate.

17         2.  Benefits for children, surviving spouse, etc.--In

18  the event a deceased retirant does not leave a surviving

19  spouse, or if the surviving spouse shall die, and the retirant

20  leaves an unmarried child or children under age 18, each such

21  child shall receive a pension of an equal share of the pension

22  to which the retirant's surviving spouse was or would have

23  been entitled. Upon any such child's adoption, marriage,

24  death, or attainment of age 18, the child's pension shall

25  terminate and said child's pension shall be apportioned to the

26  deceased retirant's remaining eligible children under age 18.

27         3.  Benefits for dependent parents.--In the event a

28  retirant dies and does not leave a surviving spouse or

29  children eligible to receive a pension provided for in

30  subparagraphs 1. and 2., and the retirant leaves a parent or

31  parents whom the Board finds to have been dependent upon the

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  1  retirant for 50 percent or more of their financial support,

  2  each such parent shall receive a pension of an equal share of

  3  the pension to which the retirant's surviving spouse would

  4  have been entitled. Upon any such parent's remarriage or

  5  death, the parent's pension shall terminate.

  6         4.  Estate.--In the event a retirant dies and does not

  7  leave a surviving spouse, children, or parents eligible to

  8  receive a pension provided for in subparagraph 1.,

  9  subparagraph 2., or subparagraph 3., then the benefits

10  remaining, if any, shall be paid to the retirant's estate.

11         (8)  Acceptance of pension no bar to subsequent

12  work.--The acceptance of a pension by a member upon retirement

13  shall not bar the member from engaging in any other business

14  thereafter.

15         (9)  Pension not assignable or subject to

16  garnishment.--The pensions or other benefits accrued or

17  accruing to any person under the provision of this act and the

18  accumulated contributions and the cash securities in the Funds

19  created under this act shall not be subject to execution or

20  attachment or to any legal process whatsoever, and shall be

21  unassignable. However, pursuant to a court support order, the

22  Trustees may direct that the retirement benefits be paid for

23  alimony or child support in accordance with rules and

24  regulations adopted by the Board of Trustees.

25         (10)  Transfer of funds.--All funds and assets

26  previously owned and controlled by the West Palm Beach

27  Firemen's Relief and Pension Fund are vested in the Board of

28  this Fund.

29         (11)  Ordinances applicable.--All ordinances of the

30  City applicable to chapter 175, Florida Statutes, are hereby

31  made applicable to this act with equal force and effect. No

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  1  proposed change or amendment to this act shall be adopted

  2  without approval required by section 175.351(2), Florida

  3  Statutes.

  4         (12)  Existing benefits to continue.--This act, and any

  5  amendments thereto, shall not be construed to decrease the

  6  benefits payable to, or on account of, any member of the Fund.

  7         (13)  Workers' compensation offset.--The pension

  8  benefits payable under this act shall not be offset by

  9  workers' compensation benefits payable on account of the

10  disability or death of a member except to the extent that the

11  total of the pension benefits and workers' compensation

12  benefits exceed the member's monthly average wage.

13         (14)  Actuarial valuations.--The Fund shall be

14  actuarially evaluated annually.

15         (15)  Review procedures.--

16         (a)  The applicant for benefits under this chapter may,

17  within 20 days after being informed of the denial of his or

18  her request for pension benefits, appeal the denial by filing

19  a reply to the proposed order with the pension's secretary. If

20  no appeal is filed within the time period, then the proposed

21  order shall be final.

22         (b)  The Board of Trustees shall hold a hearing within

23  45 days after the receipt of the appeal. Written notice of the

24  hearing shall be sent by certified mail return

25  receipt/restricted to individual, to the applicant at the

26  address listed on the application 10 days prior to the

27  hearing.

28         (c)  The procedures at the hearing shall be as follows:

29         1.  All parties shall have an opportunity to respond,

30  to present physical and testimonial evidence and argument on

31  all issues involved, to conduct cross-examination, to submit

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  1  rebuttal evidence, and to be represented by counsel. Medical

  2  reports and depositions may be accepted in lieu of live

  3  testimony at the Board's discretion.

  4         2.  All witnesses shall be sworn.

  5         3.  The applicant and the Board shall have an

  6  opportunity to question all witnesses.

  7         4.  Formal rules of evidence and formal rules of civil

  8  procedure shall not apply. The proceedings shall comply with

  9  the essential requirements of due process and law.

10         5.  The record in a case governed by this subsection

11  shall consist only of:

12         a.  A tape recording of the hearing, to be taped and

13  maintained as part of the official files of the Board of

14  Trustees by the pension's secretary.

15         b.  Evidence received or considered.

16         c.  All notices, pleadings, motions, and intermediate

17  rulings.

18         d.  Any decisions, opinions, proposed or recommended

19  orders, or reports by the Board of Trustees.

20         (d)  Within 5 days after the first hearing, the Board

21  shall take one of the following actions:

22         1.  Grant the pension benefits by overturning the

23  proposed order by a majority vote.

24         2.  Deny the benefits and approve the proposed order as

25  a final order after making any changes in the order the Board

26  feels is necessary.

27         (e)  Findings of fact by the Board shall be based on

28  competent, substantial evidence on the record.

29         (f)  Within 20 calendar days after rendering its order,

30  the Board of Trustees shall send to the applicant, by

31

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  1  certified mail return receipt/restricted to individual, a copy

  2  of the order.

  3         (g)  The applicant may seek review of the order by the

  4  Board of Trustees by filing a petition for writ of certiorari

  5  with the circuit court within 30 days.

  6         (16)  Lump sum payment of small retirement

  7  income.--Notwithstanding any provision of the Fund to the

  8  contrary, if the single sum value of the accrued retirement

  9  income is less than $5,000 as of the date of retirement or

10  termination of service, whichever is applicable, the Board of

11  Trustees, in the exercise of its discretion, may specify that

12  the actuarial equivalent of such retirement income be paid in

13  lump sum.

14         (17)  Pickup of employee contributions.--Effective the

15  first day of the first full payroll period of the first

16  calendar quarter following receipt of a favorable

17  determination letter from the Internal Revenue Service, the

18  City shall pick up the member contribution required by this

19  section. The contributions so picked up shall be treated as

20  employer contributions in determining tax treatment under the

21  United States Internal Revenue Code. The City shall pick up

22  the member contributions from funds established and available

23  for salaries, which funds would otherwise have been designated

24  as member contributions and paid to the Fund. Member

25  contributions picked up by the City pursuant to this

26  subsection shall be treated for all other purposes of making a

27  refund of members' contributions, and for all other purposes

28  of this and other laws, in the same manner and to the same

29  extent as member contributions made prior to the effective

30  date of this subsection. The intent of this subsection is to

31  comply with section 414(H)(2) of the Internal Revenue Code.

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  1         (18)  Internal Revenue Code limits.--

  2         (a)  In no event may a member's annual benefit exceed

  3  $120,000, adjusted for cost of living in accordance with

  4  Internal Revenue Code ("IRC") Section 415(d).

  5         (b)  If a member has less than 10 years of service with

  6  the City, the applicable limitation in paragraph (a) shall be

  7  reduced by multiplying such limitation by a fraction, not to

  8  exceed 1. The numerator of such fraction shall be the number

  9  of years, or part thereof, of service with the City; the

10  denominator shall be 10 years.

11         (c)  For purposes of this subsection, "annual benefit"

12  means a benefit payable annually in the form of a straight

13  life annuity with no ancillary or incidental benefits and with

14  no member or rollover contributions. To the extent that

15  ancillary benefits are provided, the limits set forth in

16  paragraph (a) shall be reduced actuarially, using an interest

17  rate assumption equal to the greater of 5 percent or the rate

18  being used for actuarial equivalence, to reflect such

19  ancillary benefits.

20         (d)  If distribution of retirement benefits begins

21  before age 62, the dollar limitation as described in paragraph

22  (a) shall be reduced using an interest rate assumption equal

23  to the greater of 5 percent or the interest rate used for

24  actuarial equivalence; however, retirement benefits shall not

25  be reduced below $75,000 if payment of benefits begins at or

26  after age 55, and not below the actuarial equivalent of

27  $75,000 if payment of benefits begins before age 55. For a

28  member with 15 or more years of service with the City, the

29  reductions described above shall not reduce such member's

30  benefit below $50,000, adjusted for cost of living in

31  accordance with IRC Section 415(d), but only for the year in

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  1  which such adjustment is effective. If retirement benefits

  2  begin after age 65, the dollar limitation of paragraph (a)

  3  shall be increased actuarially by using an interest assumption

  4  equal to the lesser of 5 percent or the rate used for

  5  actuarial equivalence.

  6         (e)  Compensation in excess of limitations set forth in

  7  Section 401(a)(17) of the Internal Revenue Code shall be

  8  disregarded. The limitation on compensation for an eligible

  9  employee shall not be less than the amount which was allowed

10  to be taken into account hereunder as in effect on July 1,

11  1993. "Eligible employee" is an individual who was a member

12  before the first plan year beginning after December 31, 1995.

13         (19)  Required distributions.--In accordance with IRC

14  Section 401(9)(C), any and all benefit payments shall begin by

15  the later of:

16         (a)  April 1 of the calendar year following the

17  calendar year of the member's retirement date; or

18         (b)  April 1 of the calendar year following the

19  calendar year in which the employee attains age 70 1/2.

20         (20)  Miscellaneous requirements.--

21         (a)  No benefit of any kind shall be payable from the

22  assets of the Pension Fund unless specifically provided for in

23  this act; however, the Board of Trustees, with the approval of

24  the City, may grant ad hoc benefits after a public hearing and

25  acceptance by the state of an actuarial impact statement

26  submitted pursuant to part VII of chapter 112, Florida

27  Statutes.

28         (b)  The City may not offset any part of its required

29  annual contribution by the Fund's assets except as determined

30  in an actuarial valuation, the report for which is determined

31

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  1  to be state accepted pursuant to part VII of chapter 112,

  2  Florida Statutes.

  3         (c)  All provisions of this act and operations of the

  4  Pension Fund shall be carried out in compliance with part VII

  5  of chapter 112, Florida Statutes.

  6         (d)  False or misleading statements made to obtain

  7  retirement benefits prohibited.--

  8         1.  It is unlawful for a person to willfully and

  9  knowingly make, or cause to be made, or to assist, conspire

10  with, or urge another to make, or cause to be made, any false,

11  fraudulent, or misleading oral or written statement or to

12  withhold or conceal material information to obtain any benefit

13  under this plan.

14         2.a.  A person who violates subparagraph 1. commits a

15  misdemeanor of the first degree, punishable as provided in

16  section 775.082 or section 775.083, Florida Statutes.

17         b.  In addition to any applicable criminal penalty,

18  upon conviction for a violation of subparagraph 1., a

19  participant or beneficiary of this plan may, in the discretion

20  of the Board of Trustees, be required to forfeit the right to

21  receive any or all benefits to which the person would

22  otherwise be entitled under this Plan. For the purposes of

23  this sub-subparagraph, "conviction" means a determination of

24  guilt that is the result of a plea or trial, regardless of

25  whether adjudication is withheld.

26         (21)  Rollover distributions.--

27         (a)  This subsection applies to distributions made on

28  or after January 1, 1993. Notwithstanding any provision of the

29  Plan to the contrary that would otherwise limit a

30  distributee's election under this subsection, a distributee

31  may elect, at the time and in the manner prescribed by the

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  1  Board of Trustees, to have any portion of an eligible rollover

  2  distribution paid directly to an eligible retirement plan

  3  specified by the distributee in a direct rollover.

  4         (b)1.  "Eligible rollover distribution" is any

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

  6  credit of the distributee, except that an eligible rollover

  7  does not include any distribution that is one of a series of

  8  substantially equal periodic payments (not less frequently

  9  than annually) made for the life (or life expectancy) of the

10  distributee or the joint lives (or joint life expectancies) of

11  the distributee and the distributee's designated beneficiary,

12  or for a specified period of 10 years or more; any

13  distribution to the extent such distribution is required under

14  section 401(a)(9) of the Code; and the portion of any

15  distribution that is not includable in gross income.

16         2.  "Eligible retirement plan" is an individual

17  retirement account described in section 408(a) of the Code, an

18  individual retirement annuity described in section 408(b) of

19  the Code, an annuity plan described in section 403(a) of the

20  Code, or a qualified trust described in section 401(a) of the

21  Code that accepts the distributee's eligible rollover

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

23  distribution to the surviving spouse, an "eligible retirement

24  plan" is an individual retirement account or individual

25  retirement annuity.

26         3.  "Distributee" includes an employee or former

27  employee. In addition, the employee's or former employee's

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

29  spouse or former spouse who is entitled to payment for alimony

30  and child support under a domestic relations order determined

31

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  1  to be qualified by this Fund are distributees with regard to

  2  the interest of the spouse or former spouse.

  3         4.  "Direct rollover" is a payment by the Plan to the

  4  eligible retirement plan specified by the distributee.

  5         (22)  Rollovers from qualified plans.--

  6         (a)  A member may roll over all or part of his or her

  7  assets in another qualified plan to his or her chapter 175,

  8  Florida Statutes, share account, provided all of the following

  9  requirements are met:

10         1.  Some or all of the amount distributed from the

11  other plan is rolled over to this plan no later than the 60th

12  day after distribution was made from the plan or, if

13  distributions are made in installments, no later than the 60th

14  day after the last distribution was made.

15         2.  The amount rolled over to the share account does

16  not include any amounts contributed by the member to the plan

17  on a posttax basis.

18         3.  The rollover is made in cash.

19         4.  The member certifies that the distribution is

20  eligible for a rollover.

21         5.  Amounts which the Trustee accepts as a rollover to

22  this Fund shall, along with any earnings allocated to the

23  Trustee, be fully vested at all times.

24

25  The rollover may also be made to this plan from an individual

26  retirement account qualified under Code Section 408 when the

27  individual retirement was merely used as a conduit for funds

28  from another qualified plan and the rollover is made in

29  accordance with the rules provided in subparagraphs 1.-5.

30  Amounts rolled over may be segregated from other Fund assets.

31  The Trustee shall separately account for gains, losses, and

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  1  administrative expenses on these rollovers as provided for in

  2  paragraphs (5)(d) and (j). In addition, the Fund may accept

  3  the direct transfer of a member's benefits from another

  4  qualified retirement plan. The Fund shall account for direct

  5  transfers in the same manner as a rollover and shall obtain

  6  certification from the member that the amounts are eligible

  7  for a rollover or direct transfer to this Fund.

  8         (b)  Transfer of accumulated leave.--

  9         1.  Members eligible to receive accumulated sick leave,

10  accumulated vacation leave, or any other accumulated leave

11  payable upon separation shall have the leave transferred to

12  the Fund up to the amount permitted by law. Any additional

13  amounts shall be paid directly to the member. Members on whose

14  behalf leave has been transferred may elect one of the

15  following options within 30 days after separation. Members

16  failing to elect a distribution option within 30 days after

17  separation shall be deemed to have elected the option set

18  forth in sub-subparagraph b.:

19         a.  To receive a lump sum equal to the transferred

20  leave balance;

21         b.  To maintain the entire amount of the transferred

22  leave balance in the DROP or share account; or

23         c.  To purchase additional service credit as may be

24  permitted by the Code. If the leave balance exceeds the cost

25  of the service credit purchased, the balance shall be paid to

26  the member in a lump sum.

27         2.  If a member on whose behalf the City makes a

28  transferred leave balance to the Plan dies after retirement or

29  other separation but before making an election as provided, or

30  after making an election but before any distribution is made,

31  the election option shall be void. In such an event, any

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  1  person who would have received a death benefit had the member

  2  died in service immediately prior to the date of retirement or

  3  other separation shall be entitled to receive an amount equal

  4  to the transferred leave balance in a lump sum. In the case of

  5  a surviving spouse or former spouse, an election may be made

  6  to transfer the leave balance to an eligible retirement plan

  7  in lieu of the lump sum payment. Failure to make such an

  8  election by the surviving spouse or former spouse within 60

  9  days after the member's death shall be deemed an election to

10  receive the lump sum payment.

11         3.  The Board, by rule, shall prescribe the method for

12  implementing the provisions of this paragraph.

13         (23)  Actuarial assumptions.--The following actuarial

14  assumptions shall be used for all purposes in connection with

15  this Fund, effective October 1, 1998:

16         (a)  The period for amortizing current, future, and

17  past actuarial gains or losses shall be 20 years.

18         (b)  The assumed investment rate of return shall be

19  8.25 percent.

20         (24)  Prior firefighter service.--Unless otherwise

21  prohibited by law, the years, or fractional parts of years,

22  that a member previously served as a firefighter with the City

23  during a period of employment and for which accumulated

24  contributions were withdrawn from the fund, or the years, and

25  fractional parts of years, that a member served as a

26  firefighter for this or any other municipal, county, or state

27  fire department or district or any time served in the military

28  service of the Armed Forces of the United States shall be

29  added to the years of credited service, provided that the

30  member contributes to the fund the sum that would have been

31  contributed, based on the member's salary and the employee

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  1  contribution rate in effect at the time that the credited

  2  service is requested, had the member been a member of this

  3  system for the years, or fractional parts of years, for which

  4  the credit is requested, plus the amount actuarially

  5  determined, such that the crediting of service does not result

  6  in any cost to the fund, plus payment of costs for all

  7  professional services rendered to the board in connection with

  8  the purchase of years of credited service.

  9         (a)  Payment by the member of the required amount may

10  be made within 6 months after the request for credit and in

11  one lump sum payment, or the member may buy back this time

12  over a period equal to the length of time being purchased or 5

13  years, whichever is greater, at an interest rate which is

14  equal to the Fund's actuarial assumption. A member may request

15  to purchase some or all years of service. No credit shall be

16  given for any service until all years of service that are to

17  be repurchased have been repurchased.

18         (b)  The credit purchased under this section shall

19  count for all purposes, except vesting.

20         (c)  In no event, however, may credited service be

21  purchased pursuant to this section for prior service with any

22  other municipal, county, or state fire department or district,

23  if such prior service forms or will form the basis of a

24  retirement benefit or pension from another retirement system

25  or plan.

26         (d)  In the event that a member who is in the process

27  of purchasing service suffers a disability and is awarded a

28  benefit from the plan, the member shall not be required to

29  complete the buyback. However, contributions made prior to the

30  date the disability payment begins will be retained by the

31  Fund.

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  1         (e)  If a member who has either completed the purchase

  2  of service or is in the process of purchasing service

  3  terminates before vesting, the member's contributions shall be

  4  refunded, including the buyback contributions.

  5         (f)  A request to purchase service may be made at any

  6  time during the course of employment; however, the buyback is

  7  a one-time opportunity.

  8         Section 2.  All special laws and parts of special laws,

  9  ordinances, or regulations, insofar as they are in conflict or

10  inconsistent with the provisions of this act, are repealed.

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

12  law.

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