House Bill hb0975er

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  1

  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, Florida.

  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, 2001, "salary," for the

19  purpose of pension contributions, shall be defined as payments

20  made to a firefighter by the City for: regular hours worked;

21  step-up pay; longevity pay; all authorized leave time, which

22  includes compensatory time used, earned personal leave used,

23  emergency leave used, sick leave used, sick leave pay bank

24  used, vacation time used, holiday time used, emergency leave,

25  bereavement leave, and administrative leave; certification

26  pay, which includes paramedic, hazardous material technician,

27  special operations, dive rescue, fire service instructor, fire

28  inspector, and SWAT certification pay; fire inspector standby

29  pay; educational bonus incentive; pay received from the City

30  during military training; and sick leave conversion when such

31  leave is converted during the course of active employment. The


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  1  definition of "salary" specifically excludes any lump sum

  2  payments for accumulated leave such as that received upon

  3  final payoff. Employees who are specifically excluded from

  4  bargaining unit recognition as set forth in Article 2, but who

  5  are members of the West Palm Beach Firefighters Pension Fund,

  6  shall continue to make contributions on management incentive

  7  benefits. This definition of compensation shall not include

  8  any duty employment that is performed for other than the City

  9  of West Palm Beach per Article 31, Salary Plan.

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

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

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

13  Department, omitting intervening years and fractional parts of

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

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

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

17  withdrawn his or her contributions to the Fund, unless the

18  member repays into the Fund the contributions withdrawn, with

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

20  member may voluntarily leave his or her contributions in the

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

22  Department, pending the possibility of his or her being

23  rehired by the Department and remaining employed for a period

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

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

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

27  as a firefighter with the Department upon reemployment, within

28  5 years his or her contributions shall be returned without

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

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

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


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  1  United States Merchant Marine by the member on leave of

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

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

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

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

  6  1 year after the date of release from such active service.

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

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

  9  persons shall include the plural and vice versa.

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

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

12  administering the West Palm Beach Firefighters Pension Fund

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

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

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

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

17  accomplish the intent, requirements, and responsibilities

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

19  consist of five trustees, as follows:

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

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

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

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

24  himself or herself as trustee.

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

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

27  Elections shall be held under such reasonable rules and

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

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

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

31  the employ of the Department, whereupon the members shall


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  1  choose a successor in the same manner as the original

  2  appointment. Each member-trustee may succeed himself or

  3  herself as trustee.

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

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

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

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

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

  9  succeed himself or herself as trustee.

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

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

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

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

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

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

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

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

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

19  succeeding election for trustee, the vacancy shall be filled

20  at the next regular election for the next term; otherwise, the

21  vacancy shall be filled for the unexpired portion of the term

22  by the members in the same manner as an original appointment.

23  In the event a trustee provided for in subparagraph (c)1. or

24  subparagraph (c)3. shall resign, be removed, or become

25  ineligible to serve as a trustee, the Board shall, by

26  resolution, declare the office of trustee vacated as of the

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

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

29  manner as an original appointment.

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

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


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

  2  meeting of the Board, three trustees shall constitute a

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

  4  question before the Board and at least three concurring votes

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

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

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

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

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

10  held as required by law.

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

12  among the trustees.

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

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

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

16  of the Board.

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

18  position of firefighter in the employ of the Department shall

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

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

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

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

23  are required to undergo a physical examination for purposes of

24  determining preexisting conditions. This physical examination

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

26  preemployment physical examination. The Board's medical

27  director shall review the results of this physical examination

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

29  findings of the examination. This physical examination will be

30  used for the purposes of establishing a physical profile of

31  the member for determining preexisting conditions and


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

  2  review, if further physical examination is required, such

  3  examination shall be conducted at Board expense.

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

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

  6  receive expenses and per diem as provided by law.

  7         (2)  Professional and clerical services.--

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

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

10  out its orders and directions.

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

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

13  the administration of the Fund whenever requested, shall

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

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

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

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

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

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

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

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

22  perform such actuarial services as are required.

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

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

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

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

27         (e)  Additional professional, technical, or other

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

29  professional, technical, or other advisors as required to

30  carry out the provisions of this act.

31


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

  2  shall consist of the following sources of revenue:

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

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

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

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

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

  8  enactment unless exigent circumstances exist, such as the

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

10  regarding extra benefits by the Legislature. If any statutory

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

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

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

14  6.45 percent of his or her salary to the Fund, which shall be

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

16  Department. Effective the first full payroll period after

17  January 1, 2002, the member shall contribute 7.85 percent of

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

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

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

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

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

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

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

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

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

27  each member in the Department. The contribution increase over

28  6.85 percent is to be used to purchase eligibility for

29  participation in the postretirement health insurance benefits.

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

31  the Fund annually an amount which, together with the


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  1  contributions from the members and other income sources as

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

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

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

  5  any, in unfunded liability of the Fund arising from

  6  significant amendments or other changes shall be amortized

  7  within 30 plan years.

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

  9  donated for the Fund.

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

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

12  otherwise.

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

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

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

16  the Fund may be deposited with the cash management coordinator

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

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

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

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

21  deposited with the cash management coordinator shall be kept

22  in a separate fund by the cash management coordinator or

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

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

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

26  cash management coordinator or other depository shall receive

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

28  revenue received pursuant to the provisions of chapter 175,

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

30  than 5 days after receipt. Member contributions withheld by

31


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

  2  Fund immediately.

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

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

  5  regulations prescribed by the Board, provided that such drafts

  6  shall be issued in accordance with generally accepted

  7  accounting procedures, American Institute of Certified Public

  8  Accountants guidelines, and rules of the State of Florida

  9  Auditor General. All such drafts shall be consecutively

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

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

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

13  Board shall retain such drafts when paid, as permanent

14  vouchers for disbursements made, and no moneys shall be

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

16  made only upon a specific or general motion or resolution

17  previously adopted by the Board authorizing such payment or

18  payments.

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

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

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

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

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

24  integrity and security of Fund principal, to maintain a

25  balanced investment portfolio, to maintain and enhance the

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

27  return on investments that is consonant with safety of

28  principal, provided that such investments and reinvestments

29  shall be limited to the following:

30         1.  Direct obligations of the United States Government

31  or any agency thereof and debentures and other evidences of


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  1  indebtedness which are fully guaranteed by the United States

  2  Government or any agency thereof for the payment of principal

  3  and interest.

  4         2.  Direct obligations of the State of Florida.

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

  6  mutual fund shares subject to the limitations set forth in

  7  this section.

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

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

10  loan association to the extent that deposits are guaranteed by

11  the Savings Association Insurance Fund which is administered

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

13  federally chartered credit union whose share accounts are

14  insured by the National Credit Union Share Insurance Fund.

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

16  retirement system, including the amounts deposited in banks or

17  associations, the total thereof invested in preferred stocks

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

19  thereof invested in common stocks and mutual fund shares shall

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

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

22  30).

23         6.  The following minimum standards shall govern the

24  eligibility of securities for purchase as investments:

25         a.  All corporate and association securities and mutual

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

27  person incorporated or otherwise organized within the United

28  States and domiciled therein to the extent required by section

29  175.071(1)(b), Florida Statutes.

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

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


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  1  company other than obligations of the United States or an

  2  agency thereof.

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

  4  indebtedness issued or guaranteed by a corporation shall be

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

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

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

  8  service. Said bonds and preferred stocks that are convertible

  9  into common stocks shall be considered common stocks and the

10  purchase of same shall be limited by the provisions of

11  subparagraph 5.

12         d.  The Board shall engage the services of professional

13  investment counsel to assist and advise the trustees in the

14  performance of their duties.

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

16  an independent consultant professionally qualified to evaluate

17  the performance of its professional money manager or

18  investment counsel. The independent consultant shall make

19  recommendations to the Board at its next regularly scheduled

20  meeting.

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

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

23  noninterest-bearing deposits.

24         (d)  Administrative expenses.--The administrative

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

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

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

28  benefits and other disbursements authorized by this act and

29  shall be used for no other purpose.

30         (5)  Service pension.--

31         (a)  Normal retirement.--


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

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

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

  4  service credit or, effective for retirements after January 20,

  5  2002, has 25 years of service credit without regard to age

  6  shall, upon application filed with the Board, be retired and

  7  shall be entitled to a monthly pension for the remainder of

  8  his or her life equal to the greater of the following, as

  9  applicable:

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

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

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

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

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

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

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

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

18  provided that in no case shall the total monthly pension

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

20  final average salary;

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

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

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

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

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

26  the total monthly pension payable to any member exceed 65

27  percent of his or her final average salary; or

28         c.  The sum of the following:

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

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

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


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

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

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

  4  30, 1988; and

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

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

  7  earned on and after October 1, 1988.

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

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

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

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

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

13  55 years and who has acquired 20 or more years of service

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

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

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

17  the greater of the following:

18         a.  Two percent of final average salary multiplied by

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

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

21  total monthly pension payable to any member exceed 65 percent

22  of his or her final average salary; or

23         b.  The sum of the following:

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

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

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

27  percent of final average salary multiplied by the number of

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

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

30  and

31


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

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

  3  earned on and after October 1, 1988.

  4

  5  The 3-percent benefit accrual factor in sub-subparagraph 1.a.

  6  is contingent on and subject to the adoption and maintenance

  7  of the assumptions set forth in subsection (22). If such

  8  assumptions are modified by legislative, judicial, or

  9  administrative agency action, and the modification results in

10  increased City contributions to the Pension Fund, the

11  3-percent accrual factor in sub-subparagraph 1.a. shall be

12  automatically decreased prospectively, from the date of the

13  action, to completely offset the increase in City

14  contributions. However, in no event shall the benefit accrual

15  factor in sub-subparagraph 1.a. be adjusted below 2.5 percent.

16  To the extent that the benefit accrual factor is less than 3

17  percent, the supplemental pension distribution calculation

18  under paragraph (d) shall be adjusted for employees who retire

19  on or after October 1, 1998, and those employees who were

20  members of the DROP on October 1, 1998. The adjustment shall

21  be to decrease the minimum return of 8.25 percent needed to

22  afford the supplemental pension distribution, when the amount

23  of the reduction is zero if an employee has been credited with

24  16 or more years with the 3-percent benefit accrual factor or

25  1.25 percent if an employee has been credited with no more

26  than a 2.5-percent benefit accrual factor. If an employee has

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

28  accrual factor, then the accumulated amount over 2.5 percent

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

30  subtracted from 1 multiplied by 1.25 percent is the reduction

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


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  1  minimum return for supplemental pension distribution as

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

  3  bargaining agreement between the City of West Palm Beach and

  4  the West Palm Beach Association of Firefighters, Local

  5  727-IAFF, October 1, 1998-September 30, 2001.

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

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

  8  service who is not eligible for any other retirement benefit

  9  under this act shall be entitled to the applicable pension

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

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

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

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

14  50 years. If applicable, the amount of the pension shall be

15  determined in accordance with paragraph (c).

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

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

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

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

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

21  10 continuous years. In the event of early retirement, the

22  monthly amount of retirement income shall be computed as

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

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

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

26  retirement income shall be actuarially reduced to take into

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

28  retirement income benefits. The early retirement reduction

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

30  retirement preceded the member's normal retirement age.

31         (d)  Supplemental pension distribution.--


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

  2  the rate of investment return earned on Pension Fund assets

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

  4  determined shall be the rate reported in the most recent

  5  actuarial report submitted pursuant to part VII of chapter

  6  112, Florida Statutes.

  7         b.  The actuary for the Pension Fund shall determine

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

  9  pension payments to eligible persons, as described in

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

11  actuarial present values shall be calculated using an interest

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

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

14  most recent actuarial report submitted pursuant to part VII of

15  chapter 112, Florida Statutes.

16         c.  A distribution amount shall be determined as of

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

18  1998, there shall be two different calculations to determine

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

  4  percent. The distribution amount shall not exceed accumulated

  5  net actuarial experience from all pension liabilities and

  6  assets. If the net actuarial experience is favorable,

  7  cumulatively, commencing with the experience for the year

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

  9  supplemental distributions, the supplemental distribution may

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

11  cumulatively, commencing with the experience for the year

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

13  supplemental distributions, no supplemental distribution may

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

15  offset by cumulative favorable experience.

16

17  If an actuarial report submitted as provided in this paragraph

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

19  deficiency to the Pension Fund results, the deficiency shall

20  be made up from the next available supplemental pension

21  distribution, unless sooner made up by agreement between the

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

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

24  from the date of payment of the supplemental pension

25  distribution which resulted in the deficiency.

26         2.  The Board of Trustees shall determine annually if

27  there is to be a supplemental pension distribution. The

28  supplemental pension distribution is that portion of the

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

30  be distributed to eligible persons.

31         3.  Eligible persons are:


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  1         a.  Pensioners.

  2         b.  Surviving spouses.

  3         c.  Surviving dependent children.

  4         d.  Surviving dependent parents.

  5         e.  Pensioners' estates for the year following death

  6  only.

  7

  8  Eligible persons are initially eligible if they have been in

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

10  distribution date following their retirement. A survivor

11  beneficiary of a deceased retired member shall be considered

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

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

14  the retirement. A surviving spouse may count the retirement

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

16  requirement. Surviving spouses, children, and parents and

17  retired members who receive pension adjustments under the

18  prior escalator clause are not eligible for the supplemental

19  pension distribution.

20         4.  The supplemental pension distribution dates shall

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

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

23  paid his or her allocated portion of the applicable

24  supplemental pension distribution amount from the preceding

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

26  share of the deceased retiree's supplemental pension

27  distribution based on the number of months that the deceased

28  retiree received a pension during the year ending the

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

30  eligibility.

31


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  1         5.  Each supplemental pension distribution amount shall

  2  be allocated among the eligible persons in the proportion that

  3  an eligible person's supplemental pension distribution points

  4  bears to the aggregate amount of supplemental pension

  5  distribution points of all eligible persons. An eligible

  6  person shall be credited with supplemental pension

  7  distribution points as follows:

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

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

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

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

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

13  used.

14         b.  Maximum service credit shall be 26 years.

15         c.  Allocations for surviving spouses and surviving

16  dependent children who are eligible to receive supplemental

17  pension distributions shall be 75 percent of the years of

18  service earned by the pensioner. Allocations for duty death

19  beneficiaries (surviving spouse and surviving children) shall

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

21         (e)  Payment of benefits.--

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

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

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

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

26  member has completed the applicable age and service

27  requirements.

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

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

30  payments shall be continued to the designated beneficiary or

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


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

  2  payable.

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

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

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

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

  7  pension and beneficiary benefits. The service benefit shall

  8  provide monthly payments for the life of the member.

  9  Thereafter, beneficiary benefits shall be paid as provided in

10  subsection (7).

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

12  benefit for an unmarried member without a dependent child or

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

14  benefit. This benefit shall pay monthly benefits for the

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

16  her retirement but before receiving retirement benefits for a

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

18  the beneficiary or beneficiaries as designated by the member

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

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

21  provided in section 175.181, Florida Statutes.

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

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

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

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

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

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

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

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

30  equivalent actuarial value payable in accordance with one of

31  the following options:


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

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

  3  only.

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

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

  6  joint lifetime of the member and a dependent joint pensioner

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

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

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

10  lifetime of the survivor.

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

12  paragraph, shall designate the joint pensioner or beneficiary

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

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

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

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

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

18  pensioner or one or more primary beneficiaries where

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

20  pensioner or beneficiary and his or her retirement income

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

22  designated joint pensioner or beneficiary only twice.

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

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

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

26  waive a joint and survivor benefit by signing the election

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

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

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

30  such other circumstances as may be prescribed by the Secretary

31


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

  2  shall be effective only with respect to such spouse.

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

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

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

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

  7  be actuarially redetermined, taking into account the age and

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

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

10  Board. In the event that no designated beneficiary survives

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

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

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

14         2.  Retirement income payments shall be made under the

15  option elected in accordance with the provisions of this

16  paragraph and shall be subject to the following limitations:

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

18  retirement date or early retirement date, whichever first

19  occurs, retirement benefits shall be paid in accordance with

20  subsection (7).

21         b.  If the designated beneficiary or beneficiaries or

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

23  option elected shall be canceled automatically and a

24  retirement income of the normal form and amount shall be

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

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

27  accordance with the provisions of this paragraph or a new

28  beneficiary is designated by the member prior to retirement.

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

30  Department after meeting the age and service requirements set

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


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

  2  to this subparagraph is in effect, monthly retirement income

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

  4  beneficiaries designated by the member in the amount or

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

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

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

  8  retirement option after the date of cashing or depositing the

  9  first retirement check.

10         (h)  Designation of beneficiary.--

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

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

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

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

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

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

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

18  change his or her designation of joint annuitant or

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

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

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

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

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

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

25  benefit by the application of actuarial tables and

26  calculations developed to ensure that the benefit paid is the

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

28  current benefit.

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

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

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


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  1  by a deceased member predecease the member, the beneficiary

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

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

  4  to:

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

  6  member;

  7         b.  The dependent living parent or parents of the

  8  member; or

  9         c.  The estate of the member.

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

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

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

13  pension, or beneficiary benefit is payable, the contributions

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

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

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

17  the member's estate.

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

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

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

21  effective on or after October 1, 1988.

22         2.  Share account funding.--

23         a.  Each individual member account shall be credited

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

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

26  thereafter.

27         b.  In addition, any forfeitures as provided in

28  subparagraph 5. shall be credited to the individual member

29  accounts in accordance with the formula set forth in

30  subparagraph 3.

31         3.  Annual allocation of accounts.--


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  1         a.  Moneys shall be credited to each individual member

  2  account in an amount directly proportionate to the number of

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

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

  5  counting the pay periods in the calendar year preceding the

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

  7  were received.

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

  9  individual account shall be adjusted to reflect the earnings

10  or losses resulting from investment, as well as reflecting

11  costs, fees, and expenses of administration.

12         c.  The investment earnings or losses credited to the

13  individual member accounts shall be in the same percentage as

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

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

16  investment portfolio for chapter 175, Florida Statutes, share

17  accounts, in which case the investment earnings or losses

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

19  separate investment portfolio.

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

21  be debited from the individual member accounts on a

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

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

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

25  individual member accounts and the denominator of which is the

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

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

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

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

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

31  periods).


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  1         e.  If the entire balance of the individual member

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

  3  shall be no adjustment made to that individual member account

  4  to reflect either investment earnings or losses or costs,

  5  fees, and expenses of administration.

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

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

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

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

10  provided the member meets any of the following criteria:

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

12  as provided in this subsection;

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

14  and is eligible to receive either:

15         (I)  A nonduty disability pension as provided in

16  paragraph (6)(a); or

17         (II)  Beneficiary benefits for nonduty death as

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

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

20  to receive either:

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

22  (6)(c); or

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

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

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

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

27  benefits after termination of employment with the City shall

28  forfeit his or her individual member account. The amounts

29  credited to said individual member account shall be

30  redistributed to the other individual member accounts in the

31


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

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

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

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

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

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

  7  may be made either by:

  8         a.  Installments.--The account balance shall be paid

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

10  the first payment to be made upon approval of the Board; or

11         b.  Annuity.--The account balance shall be paid out in

12  monthly installments over the lifetime of the member or until

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

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

15  selections made by the member in a form provided by the Board.

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

17  eligible for benefits from the individual member account, the

18  entire balance of the individual member account shall be paid

19  in a lump sum to the beneficiaries designated in accordance

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

21  beneficiary or, if the beneficiary predeceases the member, the

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

23  order:

24         a.  To the spouse;

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

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

27  basis;

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

29  the member's parent or parents; or

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

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


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

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

  3  normal retirement pension may participate in the DROP. Members

  4  shall elect to participate by applying to the Board of

  5  Trustees on a form provided for that purpose.

  6         b.  Election to participate shall be forfeited if not

  7  exercised within the first 35 years of combined credited

  8  service.

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

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

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

12  example:

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

14  time of entry shall participate for only 5 years.

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

16  time of entry shall participate for only 4 years.

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

18  time of entry shall participate for only 3 years.

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

20  time of entry shall participate for only 2 years.

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

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

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

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

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

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

27  participant shall continue to receive shares of the chapter

28  175, Florida Statutes, money in accordance with paragraph (j),

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

30  credited service and final average salary shall freeze as of

31  the date of entry into the DROP.


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  1         2.  Amounts payable upon election to participate in the

  2  DROP.--

  3         a.  Monthly retirement benefits that would have been

  4  payable had the member terminated employment with the

  5  Department and elected to receive monthly pension payments

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

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

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

  9  months.

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

11  of investment return earned on Pension Fund assets as reported

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

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

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

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

16  current balance and on all future DROP deposits.

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

18  member terminates employment with the Department.

19         d.  Upon termination of employment, participants in the

20  DROP shall receive the balance of the DROP account in

21  accordance with the following rules:

22         (I)  Members may elect to receive payment upon

23  termination of employment or defer payment of the DROP until

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

25         (II)  Payments shall be made in either:

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

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

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

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

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

31  Trustees.


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

  2  monthly installments over the lifetime of the member or until

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

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

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

  6  of Trustees.

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

  8  comply with the minimum distribution requirements of the IRC

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

10  (19).

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

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

13  the participant in accordance with subsection (7).

14         3.  Loans from the DROP.--

15         a.  Availability of loans.--

16         (I)  Loans are available to members only after

17  termination of employment, provided the member had

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

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

20  account.

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

22         b.  Amount of loan.--

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

24  account balance.

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

26  reduced by the highest outstanding loan balance during the

27  last 12 months.

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

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

30  amounts paid into the DROP and earnings thereon.

31         d.  Term of the loan.--


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

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

  3         e.  Loan interest rate.--

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

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

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

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

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

  9  application.

10         f.  Defaults of loans.--

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

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

13  are missed.

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

15  payable immediately.

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

17  immediately, the loan may be canceled and the outstanding

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

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

20  eligible for additional loans.

21         g.  Miscellaneous provisions.--

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

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

24  agreement shall contain a promissory note.

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

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

27  the member's account balance.

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

29  Fund.

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

31  be set by the Board of Trustees.


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

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

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

  4  of:

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

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

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

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

  9  2.b.

10         c.  Distributions to members or their beneficiaries of

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

12  after termination of employment. However, payments must be

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

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

15  contributions.

16         (6)  Disability pensions, medical examinations, return

17  to work, etc.--

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

19  5 or more years of service credit who is regularly employed in

20  the Department who becomes physically or mentally totally and

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

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

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

24  for in this paragraph, provided that after a medical

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

26  medical committee, the medical committee reports to the Board,

27  in writing, whether:

28         1.  The member is wholly prevented from rendering

29  useful and efficient service as a firefighter; and

30         2.  The member is likely to remain so disabled

31  continuously and permanently.


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  1

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

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

  4  meets the requirements for a nonduty disability pension rests

  5  with the Board and shall be based on competent substantial

  6  evidence on the record as a whole.

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

  8  retirement on account of disability as provided in paragraph

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

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

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

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

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

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

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

16  select optional forms of benefits in accordance with paragraph

17  (5)(g).

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

19  regularly employed in the Department and who becomes

20  physically or mentally totally and permanently disabled to

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

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

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

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

25  with a disability pension provided for in this paragraph,

26  provided that after a medical examination of the member made

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

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

29         1.  The member is wholly prevented from rendering

30  useful and efficient service as a firefighter; and

31


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  1         2.  The member is likely to remain so disabled

  2  continuously and permanently.

  3

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

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

  6  member caused by tuberculosis, hypertension, heart disease,

  7  hepatitis, or meningococcal meningitis resulting in total

  8  disability or death shall be presumed to have been accidental

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

10  by competent evidence, provided such member shall have

11  successfully passed a physical examination before entering

12  into such service, which examination failed to reveal any

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

14  presumption in the case of hepatitis, meningococcal

15  meningitis, or tuberculosis, the member must meet the

16  requirements of section 112.181, Florida Statutes. The final

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

18  disability pension rests with the Board, based on competent

19  substantial evidence on the record as a whole.

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

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

22  member shall receive a monthly pension for the remainder of

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

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

25         2.  The sum of the following:

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

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

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

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

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

31


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

  2  service earned through September 30, 1988; and

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

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

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

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

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

  8  qualified health professionals, one of whom shall be

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

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

11  selected by the two committee members previously designated,

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

13  shall report to the Board the existence and degree of

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

15  upon the most recent edition of the American Medical

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

17  if applicable.

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

19  disability pension shall be payable, either as a duty

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

21  disability is a result of:

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

23  intoxicants, or narcotics;

24         2.  Injury or disease sustained by the member while

25  willfully and illegally participating in fights, riots, or

26  civil insurrections or while committing a crime;

27         3.  Injury or disease sustained by the member while

28  serving in any armed forces;

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

30  or her employment has terminated;

31


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  1         5.  Injury or disease sustained by the member while

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

  3  employment; or

  4         6.  Injury or disease sustained by the member before

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

  6  disability applications only.

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

  8  disability retirement benefits shall be payable as of the date

  9  the Board determines that the member was entitled to a

10  disability pension; however, the first payment shall actually

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

12  determines such entitlement. Any portion due for a partial

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

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

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

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

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

18  following shall apply:

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

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

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

22  parent or parents; or

23         2.  Unmarried member with 10 years of service or

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

25  120th monthly payment, whichever is later; or

26         3.  Unmarried member with less than 10 years of

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

28

29  Any monthly retirement income payments due after the death of

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

31


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  1  beneficiary or beneficiaries or the member's estate as

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

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

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

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

  6  3-year period thereafter, the Board shall require any

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

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

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

10  retirant has lost the firefighter certification, as required

11  by Florida Statutes, then the reexamination is discretionary.

12  If the retirant refuses to submit to the medical examination

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

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

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

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

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

18  physician reports to the Board that the retirant is physically

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

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

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

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

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

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

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

26  pension shall terminate.

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

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

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

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

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


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

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

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

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

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

  6  disability pension.

  7         (j)  Expenses of medical examinations for

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

  9  of the physician the member designates for medical

10  examinations required under this subsection. Expenses for any

11  other medical examinations required under this subsection

12  shall be paid by the Fund.

13         (7)  Beneficiary benefits.--

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

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

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

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

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

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

20  following applicable pensions shall be paid:

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

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

23  member would otherwise have been entitled to receive under

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

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

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

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

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

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

30  the event the deceased member does not leave a surviving

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


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

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

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

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

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

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

  7  member's remaining eligible children under age 18.

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

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

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

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

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

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

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

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

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

17  pension shall terminate.

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

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

20  receive a pension provided for in subparagraph 1.,

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

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

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

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

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

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

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

28  applicable pensions shall be paid:

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

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

31  duty disability pension the member would otherwise have been


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

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

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

  4  the event the deceased member does not leave a surviving

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

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

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

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

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

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

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

12  member's remaining eligible children under age 18.

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

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

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

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

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

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

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

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

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

22  pension shall terminate.

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

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

25  receive a pension provided for in subparagraph 1.,

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

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

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

29  retirant, the following applicable pensions shall be paid:

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

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


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

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

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

  4  the event a deceased retirant does not leave a surviving

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

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

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

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

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

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

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

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

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

14  retirant dies and does not leave a surviving spouse or

15  children eligible to receive a pension provided for in

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

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

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

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

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

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

22  death, the parent's pension shall terminate.

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

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

25  receive a pension provided for in subparagraph 1.,

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

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

28         (8)  Acceptance of pension no bar to subsequent

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

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

31  thereafter.


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  1         (9)  Pension not assignable or subject to

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

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

  4  accumulated contributions and the cash securities in the Funds

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

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

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

  8  Trustees may direct that the retirement benefits be paid for

  9  alimony or child support in accordance with rules and

10  regulations adopted by the Board of Trustees.

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

12  previously owned and controlled by the West Palm Beach

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

14  this Fund.

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

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

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

18  proposed change or amendment to this act shall be adopted

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

20  Statutes.

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

22  amendments thereto, shall not be construed to decrease the

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

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

25  benefits payable under this act shall not be offset by

26  workers' compensation benefits payable on account of the

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

28  total of the pension benefits and workers' compensation

29  benefits exceed the member's monthly average wage.

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

31  actuarially evaluated annually.


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  1         (15)  Review procedures.--

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

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

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

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

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

  7  order shall be final.

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

  9  45 days after the receipt of the appeal. Written notice of the

10  hearing shall be sent by certified mail return

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

12  address listed on the application 10 days prior to the

13  hearing.

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

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

16  to present physical and testimonial evidence and argument on

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

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

19  reports and depositions may be accepted in lieu of live

20  testimony at the Board's discretion.

21         2.  All witnesses shall be sworn.

22         3.  The applicant and the Board shall have an

23  opportunity to question all witnesses.

24         4.  Formal rules of evidence and formal rules of civil

25  procedure shall not apply. The proceedings shall comply with

26  the essential requirements of due process and law.

27         5.  The record in a case governed by this subsection

28  shall consist only of:

29         a.  A tape recording of the hearing, to be taped and

30  maintained as part of the official files of the Board of

31  Trustees by the pension's secretary.


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  1         b.  Evidence received or considered.

  2         c.  All notices, pleadings, motions, and intermediate

  3  rulings.

  4         d.  Any decisions, opinions, proposed or recommended

  5  orders, or reports by the Board of Trustees.

  6         (d)  Within 5 days after the first hearing, the Board

  7  shall take one of the following actions:

  8         1.  Grant the pension benefits by overturning the

  9  proposed order by a majority vote.

10         2.  Deny the benefits and approve the proposed order as

11  a final order after making any changes in the order the Board

12  feels is necessary.

13         (e)  Findings of fact by the Board shall be based on

14  competent, substantial evidence on the record.

15         (f)  Within 20 calendar days after rendering its order,

16  the Board of Trustees shall send to the applicant, by

17  certified mail return receipt/restricted to individual, a copy

18  of the order.

19         (g)  The applicant may seek review of the order by the

20  Board of Trustees by filing a petition for writ of certiorari

21  with the circuit court within 30 days.

22         (16)  Lump sum payment of small retirement

23  income.--Notwithstanding any provision of the Fund to the

24  contrary, if the single sum value of the accrued retirement

25  income is less than $5,000 as of the date of retirement or

26  termination of service, whichever is applicable, the Board of

27  Trustees, in the exercise of its discretion, may specify that

28  the actuarial equivalent of such retirement income be paid in

29  lump sum.

30         (17)  Pickup of employee contributions.--Effective the

31  first day of the first full payroll period of the first


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  1  calendar quarter following receipt of a favorable

  2  determination letter from the Internal Revenue Service, the

  3  City shall pick up the member contribution required by this

  4  section. The contributions so picked up shall be treated as

  5  employer contributions in determining tax treatment under the

  6  United States Internal Revenue Code. The City shall pick up

  7  the member contributions from funds established and available

  8  for salaries, which funds would otherwise have been designated

  9  as member contributions and paid to the Fund. Member

10  contributions picked up by the City pursuant to this

11  subsection shall be treated for all other purposes of making a

12  refund of members' contributions, and for all other purposes

13  of this and other laws, in the same manner and to the same

14  extent as member contributions made prior to the effective

15  date of this subsection. The intent of this subsection is to

16  comply with section 414(H)(2) of the Internal Revenue Code.

17         (18)  Internal Revenue Code limits.--

18         (a)  In no event may a member's annual benefit exceed

19  $160,000, adjusted for cost of living in accordance with

20  Internal Revenue Code ("IRC") Section 415(d).

21         (b)  If a member has less than 10 years of service with

22  the City, the applicable limitation in paragraph (a) shall be

23  reduced by multiplying such limitation by a fraction, not to

24  exceed 1. The numerator of such fraction shall be the number

25  of years, or part thereof, of service with the City; the

26  denominator shall be 10 years.

27         (c)  For purposes of this subsection, "annual benefit"

28  means a benefit payable annually in the form of a straight

29  life annuity with no ancillary or incidental benefits and with

30  no member or rollover contributions. To the extent that

31  ancillary benefits are provided, the limits set forth in


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  1  paragraph (a) shall be reduced actuarially, using an interest

  2  rate assumption equal to the greater of 5 percent or the rate

  3  being used for actuarial equivalence, to reflect such

  4  ancillary benefits.

  5         (d)  If distribution of retirement benefits begins

  6  before age 62, the dollar limitation as described in paragraph

  7  (a) shall be reduced using an interest rate assumption equal

  8  to the greater of 5 percent or the interest rate used for

  9  actuarial equivalence; however, retirement benefits shall not

10  be reduced below $75,000 if payment of benefits begins at or

11  after age 55, and not below the actuarial equivalent of

12  $75,000 if payment of benefits begins before age 55. For a

13  member with 15 or more years of service with the City, the

14  reductions described above shall not reduce such member's

15  benefit below $50,000, adjusted for cost of living in

16  accordance with IRC Section 415(d), but only for the year in

17  which such adjustment is effective. If retirement benefits

18  begin after age 65, the dollar limitation of paragraph (a)

19  shall be increased actuarially by using an interest assumption

20  equal to the lesser of 5 percent or the rate used for

21  actuarial equivalence.

22         (e)  Compensation in excess of limitations set forth in

23  Section 401(a)(17) of the Internal Revenue Code shall be

24  disregarded. The limitation on compensation for an eligible

25  employee shall not be less than the amount which was allowed

26  to be taken into account hereunder as in effect on July 1,

27  1993. "Eligible employee" is an individual who was a member

28  before the first plan year beginning after December 31, 1995.

29         (19)  Required distributions.--In accordance with IRC

30  Section 401(9)(C), any and all benefit payments shall begin by

31  the later of:


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  1         (a)  April 1 of the calendar year following the

  2  calendar year of the member's retirement date; or

  3         (b)  April 1 of the calendar year following the

  4  calendar year in which the employee attains age 70 1/2.

  5         (20)  Miscellaneous requirements.--

  6         (a)  No benefit of any kind shall be payable from the

  7  assets of the Pension Fund unless specifically provided for in

  8  this act; however, the Board of Trustees, with the approval of

  9  the City, may grant ad hoc benefits after a public hearing and

10  acceptance by the state of an actuarial impact statement

11  submitted pursuant to part VII of chapter 112, Florida

12  Statutes.

13         (b)  The City may not offset any part of its required

14  annual contribution by the Fund's assets except as determined

15  in an actuarial valuation, the report for which is determined

16  to be state accepted pursuant to part VII of chapter 112,

17  Florida Statutes.

18         (c)  All provisions of this act and operations of the

19  Pension Fund shall be carried out in compliance with part VII

20  of chapter 112, Florida Statutes.

21         (d)  False or misleading statements made to obtain

22  retirement benefits prohibited.--

23         1.  It is unlawful for a person to willfully and

24  knowingly make, or cause to be made, or to assist, conspire

25  with, or urge another to make, or cause to be made, any false,

26  fraudulent, or misleading oral or written statement or to

27  withhold or conceal material information to obtain any benefit

28  under this plan.

29         2.a.  A person who violates subparagraph 1. commits a

30  misdemeanor of the first degree, punishable as provided in

31  section 775.082 or section 775.083, Florida Statutes.


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  1         b.  In addition to any applicable criminal penalty,

  2  upon conviction for a violation of subparagraph 1., a

  3  participant or beneficiary of this plan may, in the discretion

  4  of the Board of Trustees, be required to forfeit the right to

  5  receive any or all benefits to which the person would

  6  otherwise be entitled under this Plan. For the purposes of

  7  this sub-subparagraph, "conviction" means a determination of

  8  guilt that is the result of a plea or trial, regardless of

  9  whether adjudication is withheld.

10         (21)  Rollover distributions.--

11         (a)  This subsection applies to distributions made on

12  or after January 1, 1993. Notwithstanding any provision of the

13  Plan to the contrary that would otherwise limit a

14  distributee's election under this subsection, a distributee

15  may elect, at the time and in the manner prescribed by the

16  Board of Trustees, to have any portion of an eligible rollover

17  distribution paid directly to an eligible retirement plan

18  specified by the distributee in a direct rollover.

19         (b)1.  "Eligible rollover distribution" is any

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

21  credit of the distributee, except that an eligible rollover

22  does not include any distribution that is one of a series of

23  substantially equal periodic payments (not less frequently

24  than annually) made for the life (or life expectancy) of the

25  distributee or the joint lives (or joint life expectancies) of

26  the distributee and the distributee's designated beneficiary,

27  or for a specified period of 10 years or more; any

28  distribution to the extent such distribution is required under

29  section 401(a)(9) of the Code; and the portion of any

30  distribution that is not includable in gross income.

31


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  1         2.  "Eligible retirement plan" is an individual

  2  retirement account described in section 408(a) of the Code, an

  3  individual retirement annuity described in section 408(b) of

  4  the Code, an annuity plan described in section 403(a) of the

  5  Code, or a qualified trust described in section 401(a) of the

  6  Code that accepts the distributee's eligible rollover

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

  8  distribution to the surviving spouse, an "eligible retirement

  9  plan" is an individual retirement account or individual

10  retirement annuity.

11         3.  "Distributee" includes an employee or former

12  employee. In addition, the employee's or former employee's

13  surviving spouse and the employee's or former employee's

14  spouse or former spouse who is entitled to payment for alimony

15  and child support under a domestic relations order determined

16  to be qualified by this Fund are distributees with regard to

17  the interest of the spouse or former spouse.

18         4.  "Direct rollover" is a payment by the Plan to the

19  eligible retirement plan specified by the distributee.

20         (22)  Rollovers from qualified plans.--

21         (a)  A member may roll over all or part of his or her

22  assets in another qualified plan to his or her chapter 175,

23  Florida Statutes, share account, provided all of the following

24  requirements are met:

25         1.  Some or all of the amount distributed from the

26  other plan is rolled over to this plan no later than the 60th

27  day after distribution was made from the plan or, if

28  distributions are made in installments, no later than the 60th

29  day after the last distribution was made.

30

31


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  1         2.  The amount rolled over to the share account does

  2  not include any amounts contributed by the member to the plan

  3  on a posttax basis.

  4         3.  The rollover is made in cash.

  5         4.  The member certifies that the distribution is

  6  eligible for a rollover.

  7         5.  Amounts which the Trustee accepts as a rollover to

  8  this Fund shall, along with any earnings allocated to the

  9  Trustee, be fully vested at all times.

10

11  The rollover may also be made to this plan from an individual

12  retirement account qualified under Code Section 408 when the

13  individual retirement was merely used as a conduit for funds

14  from another qualified plan and the rollover is made in

15  accordance with the rules provided in subparagraphs 1.-5.

16  Amounts rolled over may be segregated from other Fund assets.

17  The Trustee shall separately account for gains, losses, and

18  administrative expenses on these rollovers as provided for in

19  paragraphs (5)(d) and (j). In addition, the Fund may accept

20  the direct transfer of a member's benefits from another

21  qualified retirement plan or Internal Revenue Code section 457

22  plan. The Fund shall account for direct transfers in the same

23  manner as a rollover and shall obtain certification from the

24  member that the amounts are eligible for a rollover or direct

25  transfer to this Fund.

26         (b)  Transfer of accumulated leave.--

27         1.  Members eligible to receive accumulated sick leave,

28  accumulated vacation leave, or any other accumulated leave

29  payable upon separation shall have the leave transferred to

30  the Fund up to the amount permitted by law. Any additional

31  amounts shall be paid directly to the member. Members on whose


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  1  behalf leave has been transferred shall maintain the entire

  2  amount of the transferred leave balance in the DROP or Share

  3  Account.

  4         2.  If a member on whose behalf the City makes a

  5  transferred leave balance to the Plan dies after retirement or

  6  other separation, then any person who would have received a

  7  death benefit had the member died in service immediately prior

  8  to the date of retirement or other separation shall be

  9  entitled to receive an amount equal to the transferred leave

10  balance in a lump sum. In the case of a surviving spouse or

11  former spouse, an election may be made to transfer the leave

12  balance to an eligible retirement plan in lieu of the lump sum

13  payment. Failure to make such an election by the surviving

14  spouse or former spouse within 60 days after the member's

15  death shall be deemed an election to receive the lump sum

16  payment.

17         3.  The Board, by rule, shall prescribe the method for

18  implementing the provisions of this paragraph.

19         4.  Amounts transferred under this section shall remain

20  invested in the Pension Fund for a period of not less than 1

21  year.

22         (23)  Actuarial assumptions.--The following actuarial

23  assumptions shall be used for all purposes in connection with

24  this Fund, effective October 1, 1998:

25         (a)  The period for amortizing current, future, and

26  past actuarial gains or losses shall be 20 years.

27         (b)  The assumed investment rate of return shall be

28  8.25 percent.

29         (24)  Prior firefighter service.--Unless otherwise

30  prohibited by law, the years, or fractional parts of years,

31  that a member previously served as a firefighter with the City


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  1  during a period of employment and for which accumulated

  2  contributions were withdrawn from the fund, or the years, and

  3  fractional parts of years, that a member served as a

  4  firefighter for this or any other municipal, county, or state

  5  fire department or district or any time served in the military

  6  service of the Armed Forces of the United States shall be

  7  added to the years of credited service, provided that the

  8  member contributes to the fund the sum that would have been

  9  contributed, based on the member's salary and the employee

10  contribution rate in effect at the time that the credited

11  service is requested, had the member been a member of this

12  system for the years, or fractional parts of years, for which

13  the credit is requested, plus the amount actuarially

14  determined, such that the crediting of service does not result

15  in any cost to the fund, plus payment of costs for all

16  professional services rendered to the board in connection with

17  the purchase of years of credited service.

18         (a)  Payment by the member of the required amount may

19  be made within 6 months after the request for credit and in

20  one lump sum payment, or the member may buy back this time

21  over a period equal to the length of time being purchased or 5

22  years, whichever is greater, at an interest rate which is

23  equal to the Fund's actuarial assumption. A member may request

24  to purchase some or all years of service.

25         (b)  The credit purchased under this section shall

26  count for all purposes, except vesting.

27         (c)  In no event, however, may credited service be

28  purchased pursuant to this section for prior service with any

29  other municipal, county, or state fire department or district,

30  if such prior service forms or will form the basis of a

31


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  1  retirement benefit or pension from another retirement system

  2  or plan.

  3         (d)  In the event that a member who is in the process

  4  of purchasing service suffers a disability and is awarded a

  5  benefit from the plan, the member shall not be required to

  6  complete the buyback. However, contributions made prior to the

  7  date the disability payment begins will be retained by the

  8  Fund.

  9         (e)  If a member who has either completed the purchase

10  of service or is in the process of purchasing service

11  terminates before vesting, the member's contributions shall be

12  refunded, including the buyback contributions.

13         (f)  A request to purchase service may be made at any

14  time during the course of employment; however, the buyback is

15  a one-time opportunity.

16         Section 2.  All special laws and parts of special laws,

17  ordinances, or regulations, insofar as they are in conflict or

18  inconsistent with the provisions of this act, are repealed.

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

20  law.

21

22

23

24

25

26

27

28

29

30

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