HB 0961

1
A bill to be entitled
2An act relating to the City of Tampa, Hillsborough County;
3revising provisions relating to the City Pension Fund for
4Firefighters and Police Officers in the City of Tampa;
5authorizing the City of Tampa to enter into a supplemental
6contract with certain firefighters and police officers to
7revise the definition of pensionable earnings to include
8up to 300 hours per year of overtime and any other
9payments required to be included under chapters 175 and
10185, Florida Statutes; revising the medical examination
11requirements for membership; providing for an increase in
12the accrual of benefits from 2.5 percent to 3.15 percent;
13providing for a minimum benefit for retirees; providing
14that the act is contingent upon execution of a contract
15between the city and the bargaining agents for the
16firefighters and police officers; providing for the
17execution of certain supplemental contract provisions by a
18date certain or forever barring the receipt of the
19benefits therein provided; confirming in part the City of
20Tampa Firefighters and Police Officers Pension Contract;
21providing an effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  The City of Tampa is authorized and empowered
26to enter into a supplemental contract, the application of which
27shall be prospective commencing on October 1, 2004, with each
28and every firefighter or police officer who is entitled to
29benefits under the City Pension for Firefighters and Police
30Officers in the City of Tampa and was actively employed as a
31firefighter or police officer in the City of Tampa on or after
32October 1, 2003, who was an active and contributing member of
33the City Pension Fund for Firefighters and Police Officers in
34the City of Tampa on the date this act becomes a law, or who
35hereafter enters into a pension contract with the City, amending
36Section 3(E), Section 4(3), and Section 7(A) and (B) and
37creating Section 7(J) of the City of Tampa Firefighters and
38Police Officers Pension Contract as prescribed by Section 28-17
39of the City of Tampa Code [Ordinance No. 4746-A, enacted
40September 30, 1969], as amended by Section 28-19 of the City of
41Tampa Code [Ordinance No. 6038-A, enacted September 17, 1974],
42pursuant to chapter 74-613, Laws of Florida; as further amended
43by Ordinance No. 89-314, enacted December 21, 1989, and
44approved, ratified, validated, and confirmed by chapter 90-391,
45Laws of Florida; and as further amended by chapters 92-231, 94-
46463, 98-515, and 2000-485, Laws of Florida, Ordinance No. 2001-
47133, enacted July 3, 2001, chapters 2001-288 and 2002-369, Laws
48of Florida, and Ordinance No. 2003-22, enacted January 23, 2003,
49to read:
50     Section 3(E).  Commencing for earnings paid the first pay
51date after October 1, 2004, the term ?earnings? shall mean total
52cash remuneration paid by the City to a firefighter or police
53officer for services rendered, including any payments required
54to be included within the definition of compensation pursuant to
55chapters 175 and 185, Florida Statutes, but not including any
56payments for extra duty. Commencing for earnings paid the first
57pay date after October 1, 2004, earnings shall also include
58payments for overtime paid by the City to a firefighter or
59police officer up to a maximum of 300 hours of overtime per
60calendar year the base salary or wage exclusive of any casual,
61nonrecurring or unpredictable overtime, bonuses, or other
62special payments, providing that regular longevity bonuses shall
63be included.
64     Section 4(3).  Pass a complete medical examination
65including, but not limited to, echo-cardiogram, functional
66examination of the back and neck, and any other specific
67diagnostic tests as determined by the Medical Board based upon
68the individual?s risk factors, medical history, and physical
69examination electro-cardiogram and exercise stress test, x-ray
70of the entire spine, and two (2) x-rays anterior-posterior and
71lateral view of the lumbar sacral spines; and
72     Section 7.  BENEFITS, PENSIONS TO MEMBERS.
73     (A)  Any member of the Fund having an aggregate of 10 years
74of service as defined in Section 17 in said departments, and
75having reached the age of 46 years, who then shall receive in
76monthly installments a pension equal to 31.5 25 percent of the
77member?s average earnings for the three (3) highest years within
78the last 10 years of service with a minimum pension of $100 per
79month for a period of ten (10) years certain and life. For each
80additional year of such service after 10 years, a member shall
81receive 3.15 2.5 percent of average earnings, not to exceed a
82total pension of 100 percent of said average earnings for a
83period of ten (10) years certain and life. After 10 years of
84service as defined in Section 17, this pension right shall be a
85vested right with the payment thereof to begin upon the
86employee?s separation from the service or the employee?s
87reaching the age of 46 years, whichever occurs later, so that an
88employee having 10 or more years of such service who resigns,
89retires, or is otherwise separated from the service prior to
90reaching the age of 46 years may elect to allow his
91contributions to remain in the Pension Fund and upon reaching
92the age of 46 years shall be entitled to commence receiving a
93pension based upon his service as herein provided, and should
94such employee die before reaching 46 years of age, then at the
95time that decedent would have reached 46 years of age the widow
96or widower shall receive such benefit as the widow or widower
97would have received under subparagraph 9(C) if the employee had
98died while receiving a pension. Provided however, any member of
99the Pension Fund who was actively employed as a firefighter or
100police officer in the City of Tampa on or after October 1, 2003,
101or a member of the Fund on or after October 1, 2003, and, prior
102to October 16, 1992, was a participant of Division B of the
103General Employees Pension Plan as established by chapter 81-497,
104Laws of Florida, as amended, shall receive benefits from this
105Pension Fund at the rate of 3.15 2.5 percent of average earnings
106for each year of service in this Pension Fund, provided however,
107the 3.15 2.5 percent accrual shall not apply to any service
108while the member was a participant of Division B of the General
109Employees Pension Plan; provided, further, that upon reaching
110social security normal retirement age, except as provided in
111Section 28(C) of this Contract, the benefit paid herein shall be
112reduced by an amount equal to the actual social security benefit
113earned by the member for employment as a firefighter or police
114officer for the City to the extent that such employment is
115considered  to be creditable service under this Fund. The effect
116of such reduction shall be that the sum of the benefit paid
117herein and said social security benefit shall be equal to the
118amount of the benefit otherwise payable herein. Each such member
119shall, upon demand by the Board, authorize the Social Security
120Administration to release any information necessary to calculate
121such reduction. The Board shall not make any payment for the
122benefit payable herein for any period during which such member
123willfully fails or refuses to authorize the release of such
124information in the manner and within the time prescribed by
125rules adopted by the Board.
126     (B)  Any member who in the service has received or shall
127receive within or without the city any injuries, disease or
128disability, which injury, disease or disability now permanently
129incapacitates him physically or mentally from regular and
130continuous duty as a firefighter or police officer, then he
131shall receive in equal monthly installments an amount equal to
13265% of monthly salary in effect at date of disability retirement
133with a minimum of $100 per month, plus 1/12 of any other
134earnings received within one year prior to date of disability
135retirement for a period of ten (10) years certain and life. For
136any member of this Pension Fund who prior to October 16, 1992
137was a member of Division B of the General Employees Pension Plan
138as established by Chapter 81-497, Laws of Florida, as amended,
139upon reaching social security normal retirement age or
140qualifying for social security disability benefits, whichever
141comes first, except as provided in Section 28(C) of this
142Contract, the benefit paid herein shall be reduced by an amount
143equal to the actual social security benefit earned by the member
144for employment as a firefighter or police officer for the City
145to the extent that such employment is considered to be
146creditable service under this Fund; provided, however, that if
147such member's social security disability benefits cease prior to
148attaining social security retirement age, such reduction shall
149be deferred until such time as the member reaches his social
150security retirement age. The effect of such reduction shall be
151that the sum of the benefit paid herein and said social security
152benefit shall be equal to the amount of the benefit otherwise
153payable herein. Each such member shall, upon demand by the
154Board, authorize the Social Security Administration to release
155any information necessary to calculate such reduction. The Board
156shall not make any payment for the benefit payable herein for
157any period during which such member willfully fails or refuses
158to authorize the release of such information in the manner and
159within the time prescribed by rules adopted by the Board.
160     (J)  Effective October 1, 2004, the minimum monthly pension
161for any retired member or eligible surviving spouse shall be 100
162percent of the amount of the poverty level for an individual
163member or a member with a family of two, as the case may be, as
164established annually by the Federal Bureau of Labor and
165Statistics and published in the Federal Register.
166     Section 2.  This act is only an enabling act, and the
167execution by the City of Tampa of the aforesaid supplemental
168contract and entitlement to the pension benefits referred to in
169this act for all firefighters and police officers, regardless of
170whether or not in the respective certified bargaining unit for
171firefighters or police officers, and the effectiveness of this
172act, is contingent upon contractual agreement through the
173collective bargaining process between the City of Tampa and the
174respective certified bargaining agents for firefighters and
175police officers.
176     Section 3.  The benefits provided for in this act and the
177changes to the pension contract provided for in this act for
178firefighters and police officers who are entitled to benefits
179under the City Pension for Firefighters and Police Officers in
180the City of Tampa that are actively employed as a firefighter or
181police officer in the City of Tampa on or after October 1, 2003,
182and active and contributing members of the City Pension Fund for
183Firefighters and Police Officers in the City of Tampa on the
184date this act becomes a law and other benefits or pension
185contract changes provided for in any other special act adopted
186by the Florida Legislature in the 2000, 2001, 2002, or 2003
187Legislative Session shall be made available in one or more
188supplemental pension contracts, and an individual shall not be
189permitted to select some of said benefits or changes and reject
190others of said benefits or changes. Any firefighter or police
191officer who is entitled to benefits under the City Pension for
192Firefighters and Police Officers in the City of Tampa that is
193actively employed as a firefighter or police officer in the City
194of Tampa on or after October 1, 2003, or active and contributing
195member of the City Pension Fund for Firefighters and Police
196Officers in the City of Tampa on the date this act becomes a law
197who fails to sign said supplemental pension contract before
198October 1, 2004, shall be forever barred from receiving said
199benefits. However, any person who becomes a member of the City
200Pension Fund for Firefighters and Police Officers in the City of
201Tampa on or after the date this act becomes law shall be
202required as a condition of membership into said Pension Fund to
203sign a pension contract which includes the provisions of this
204act, and shall be required to make contributions required as a
205result of such benefits.
206     Section 4.  The City of Tampa Firefighters and Police
207Officers Pension Contract as prescribed by Section 28-17 of the
208City of Tampa Code [Ordinance No. 4746-A, enacted September 30,
2091969], as amended by Section 28-19 of the City of Tampa Code
210[Ordinance No. 6038-A, enacted September 17, 1974], pursuant to
211chapter 74-613, Laws of Florida; as further amended by Ordinance
212No. 89-314, enacted December 21, 1989, and approved, ratified,
213validated, and confirmed by chapter 90-391, Laws of Florida; and
214as further amended by chapters 92-231, 94-463, 98-515, and 2000-
215485, Laws of Florida, Ordinance No. 2001-133, enacted July 3,
2162001, chapters 2001-288 and 2002-369, Laws of Florida, and
217Ordinance No. 2003-22, enacted January 23, 2003, is in all other
218respects approved, ratified, validated, and confirmed.
219     Section 5.  This act shall take effect upon becoming a law.


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