HB 1369

1
A bill to be entitled
2An act relating to the City Of West Palm Beach, Palm
3Beach County; amending chapter 24981 (1947), Laws of
4Florida, as amended; revising the definition of
5"salary"; increasing duty death benefits; providing
6for a repeal; providing an effective date.
7
8Be It Enacted by the Legislature of the State of Florida:
9
10     Section 1.  Paragraph (p) of subsection (2) and paragraph
11(b) of subsection (17) of section 16 of chapter 24981 (1947),
12Laws 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
15in this act, shall have the following meanings, unless a
16different meaning is clearly indicated by the context:
17     (p)  "Salary" means the fixed monthly compensation paid to
18a member; compensation shall include those items as have been
19included as compensation in accordance with past practice.
20However, the term shall not be construed to include lump sum
21payments for accumulated leave. On and after January 1, 2003
221997, salary compensation shall mean total cash remuneration
23paid by the City to a police officer for services rendered
24payment for regular hours worked, overtime payments for services
25performed for the City, hazardous duty pay, holiday pay,
26educational supplements, longevity pay, specialized assignment
27pay, and any payments for approved leave, excluding lump sum
28payments for  accumulated leave such as accrued vacation leave,
29accrued sick leave, and accrued personal leave.  This definition
30of compensation shall not include off-duty employment performed
31for vendors other than the City of West Palm Beach per Article
3230 37, Pension Salary Plan, Section 7 of the Officers' and
33Sergeants' Contract and Article 36, Salary Plan and Section 5 of
34the collective bargaining agreement between the Palm Beach
35County Police Benevolent Association and the City of West Palm
36Beach of the Lieutenants' Contract.
37     (17)  Death Benefits.--     
38     (b)  Duty death.--In the event a member dies and the Board
39finds his or her death to be the natural and proximate result of
40a personal injury or disease arising out of and in the course of
41his or her actual performance of the duties as a police officer
42in the employ of the City, the following applicable pensions
43shall be paid:
44     1.  Effective October 1, 2003, the surviving spouse shall
45receive a pension equal to two-thirds four-ninths of the
46member?s highest 12 consecutive months' final average salary or
47the current top step police officer pay, whichever is greater.  
48Upon the surviving spouse?s death, the pension shall terminate.
49 Any pension payable under this paragraph shall be subject to
50the provisions of subsection (18).
51     2.  If, in addition to a surviving spouse, the deceased
52member leaves an unmarried child or children under age 18, each
53child shall receive a pension of $150 per month. Upon any
54child?s adoption, marriage, death, or attainment of age 18, the
55child?s pension shall terminate.  Any pension payable under this
56paragraph shall be subject to the provisions of subsection (18).
57     3.  In the event the deceased member does not leave a
58surviving spouse, or if the surviving spouse dies, and the
59member leaves an unmarried child or children under age 18, each
60such child shall receive a pension of an equal share of one-
61third of the deceased member?s final average salary. Upon any
62such child?s adoption, marriage, death, or attainment of age 18,
63the child?s pension shall terminate and it shall be apportioned
64to the pensions payable to the deceased member?s remaining
65eligible children under age 18.  Any pension payable under this
66paragraph shall be subject to the provisions of subsection (18).
67     4.  Any pensions payable, under subparagraphs 2. and 3.
68above, to any child under age 18 shall be paid to his or her
69legal guardian.
70     5.  In the event the deceased member does not leave a
71surviving spouse or children under age 18 eligible to receive a
72pension provided for in subparagraph 1., subparagraph 2., or
73subparagraph 3., and the member leaves a parent or parents who
74the Board finds are dependent upon the member for at least 50
75percent of his, her, or their financial support, then each
76parent shall receive a pension of an equal share of one-third of
77the deceased member?s final average salary. Upon any such
78parent?s remarriage or death, his or her pension shall
79terminate. Any pension payable under this paragraph shall be
80subject to the provisions of subsection (18).
81     6.  In the event the deceased member does not leave a
82surviving spouse, children, or parents eligible to receive a
83pension, then the death benefit, if any, shall be paid to the
84estate of the deceased member.  In any of the above cases, the
85Board, in its discretion, may direct that the actuarial value of
86the monthly benefit be paid as a lump sum.
87     Section 2.  All special laws and parts of special laws,
88ordinances, or regulations, insofar as they are in conflict or
89inconsistent with the provisions of this act, are repealed.
90     Section 3.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.