| 1 | A bill to be entitled |
| 2 | An act relating to the City Of West Palm Beach, Palm |
| 3 | Beach County; amending chapter 24981 (1947), Laws of |
| 4 | Florida, as amended; revising the definition of |
| 5 | "salary"; increasing duty death benefits; providing |
| 6 | for a repeal; providing an effective date. |
| 7 |
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| 8 | Be It Enacted by the Legislature of the State of Florida: |
| 9 |
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| 10 | Section 1. Paragraph (p) of subsection (2) and paragraph |
| 11 | (b) of subsection (17) of section 16 of chapter 24981 (1947), |
| 12 | Laws of Florida, as amended, are amended to read: |
| 13 | Section 16. West Palm Beach Police Pension Fund.-- |
| 14 | (2) Definitions.--The following words or phrases, as used |
| 15 | in this act, shall have the following meanings, unless a |
| 16 | different meaning is clearly indicated by the context: |
| 17 | (p) "Salary" means the fixed monthly compensation paid to |
| 18 | a member; compensation shall include those items as have been |
| 19 | included as compensation in accordance with past practice. |
| 20 | However, the term shall not be construed to include lump sum |
| 21 | payments for accumulated leave. On and after January 1, 2003 |
| 22 | 1997, salary compensation shall mean total cash remuneration |
| 23 | paid by the City to a police officer for services rendered |
| 24 | payment for regular hours worked, overtime payments for services |
| 25 | performed for the City, hazardous duty pay, holiday pay, |
| 26 | educational supplements, longevity pay, specialized assignment |
| 27 | pay, and any payments for approved leave, excluding lump sum |
| 28 | payments for accumulated leave such as accrued vacation leave, |
| 29 | accrued sick leave, and accrued personal leave. This definition |
| 30 | of compensation shall not include off-duty employment performed |
| 31 | for vendors other than the City of West Palm Beach per Article |
| 32 | 30 37, Pension Salary Plan, Section 7 of the Officers' and |
| 33 | Sergeants' Contract and Article 36, Salary Plan and Section 5 of |
| 34 | the collective bargaining agreement between the Palm Beach |
| 35 | County Police Benevolent Association and the City of West Palm |
| 36 | Beach of the Lieutenants' Contract. |
| 37 | (17) Death Benefits.-- |
| 38 | (b) Duty death.--In the event a member dies and the Board |
| 39 | finds his or her death to be the natural and proximate result of |
| 40 | a personal injury or disease arising out of and in the course of |
| 41 | his or her actual performance of the duties as a police officer |
| 42 | in the employ of the City, the following applicable pensions |
| 43 | shall be paid: |
| 44 | 1. Effective October 1, 2003, the surviving spouse shall |
| 45 | receive a pension equal to two-thirds four-ninths of the |
| 46 | member?s highest 12 consecutive months' final average salary or |
| 47 | the current top step police officer pay, whichever is greater. |
| 48 | Upon the surviving spouse?s death, the pension shall terminate. |
| 49 | Any pension payable under this paragraph shall be subject to |
| 50 | the provisions of subsection (18). |
| 51 | 2. If, in addition to a surviving spouse, the deceased |
| 52 | member leaves an unmarried child or children under age 18, each |
| 53 | child shall receive a pension of $150 per month. Upon any |
| 54 | child?s adoption, marriage, death, or attainment of age 18, the |
| 55 | child?s pension shall terminate. Any pension payable under this |
| 56 | paragraph shall be subject to the provisions of subsection (18). |
| 57 | 3. In the event the deceased member does not leave a |
| 58 | surviving spouse, or if the surviving spouse dies, and the |
| 59 | member leaves an unmarried child or children under age 18, each |
| 60 | such child shall receive a pension of an equal share of one- |
| 61 | third of the deceased member?s final average salary. Upon any |
| 62 | such child?s adoption, marriage, death, or attainment of age 18, |
| 63 | the child?s pension shall terminate and it shall be apportioned |
| 64 | to the pensions payable to the deceased member?s remaining |
| 65 | eligible children under age 18. Any pension payable under this |
| 66 | paragraph shall be subject to the provisions of subsection (18). |
| 67 | 4. Any pensions payable, under subparagraphs 2. and 3. |
| 68 | above, to any child under age 18 shall be paid to his or her |
| 69 | legal guardian. |
| 70 | 5. In the event the deceased member does not leave a |
| 71 | surviving spouse or children under age 18 eligible to receive a |
| 72 | pension provided for in subparagraph 1., subparagraph 2., or |
| 73 | subparagraph 3., and the member leaves a parent or parents who |
| 74 | the Board finds are dependent upon the member for at least 50 |
| 75 | percent of his, her, or their financial support, then each |
| 76 | parent shall receive a pension of an equal share of one-third of |
| 77 | the deceased member?s final average salary. Upon any such |
| 78 | parent?s remarriage or death, his or her pension shall |
| 79 | terminate. Any pension payable under this paragraph shall be |
| 80 | subject to the provisions of subsection (18). |
| 81 | 6. In the event the deceased member does not leave a |
| 82 | surviving spouse, children, or parents eligible to receive a |
| 83 | pension, then the death benefit, if any, shall be paid to the |
| 84 | estate of the deceased member. In any of the above cases, the |
| 85 | Board, in its discretion, may direct that the actuarial value of |
| 86 | the monthly benefit be paid as a lump sum. |
| 87 | Section 2. All special laws and parts of special laws, |
| 88 | ordinances, or regulations, insofar as they are in conflict or |
| 89 | inconsistent with the provisions of this act, are repealed. |
| 90 | Section 3. This act shall take effect upon becoming a law. |