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


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