1 | A bill to be entitled |
2 | An act relating to the City of Jacksonville, Duval County; |
3 | amending chapter 92-341, Laws of Florida, as amended, |
4 | being the Charter of the City of Jacksonville, to allow |
5 | certain city employees to become employed by the First |
6 | Coast Metropolitan Planning Organization and to retain |
7 | their city pension membership; providing an effective |
8 | date. |
9 |
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10 | Be It Enacted by the Legislature of the State of Florida: |
11 |
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12 | Section 1. Section 16.04 of Article 16 of section 1 of |
13 | chapter 92-341, Laws of Florida, as amended, is amended to read: |
14 | Section 16.04. Election of membership by certain employees |
15 | and membership of handicapped employees.--Notwithstanding the |
16 | provisions of section 16.01: |
17 | (a) Any employee of the City of Jacksonville who is not in |
18 | the civil service system of the city nor any elected or |
19 | appointed officer of the city shall be required to become a |
20 | member of the retirement and pension system of the City of |
21 | Jacksonville, but any noncivil service employee or elected or |
22 | appointed officer may elect to become a member of the retirement |
23 | and pension system of the City of Jacksonville by filing a |
24 | written notice of election with the trustees of the pension |
25 | funds of the city retirement and pension system. Upon the filing |
26 | of the notice of election, the membership of the officer or |
27 | employee in any other public pension fund of which he may be a |
28 | member shall terminate. |
29 | (b) Any person employed by the City of Jacksonville in the |
30 | health and welfare department on or after October 1, 1968, who |
31 | was or shall be a member of the State and County Officers and |
32 | Employees Retirement System provided for in chapter 122, Florida |
33 | Statutes, at the time of such employment, shall not be required |
34 | to become a member of the retirement and pension system of the |
35 | City of Jacksonville, but may elect to discontinue membership in |
36 | the State and County Officers and Employees Retirement System |
37 | and to become a member of the retirement system and pension |
38 | system of the City of Jacksonville by filing a written notice of |
39 | election with the trustees of the pension funds of the |
40 | retirement and pension systems concerned. |
41 | (c) Excluding those employed in fire & rescue and law |
42 | enforcement, any person previously employed by the Jacksonville |
43 | Port Authority and employed by the Jacksonville Seaport |
44 | Authority or Jacksonville Airport Authority on October 1, 2001, |
45 | who was a member of the State and County Officers and Employees |
46 | Retirement System provided for in Chapter 122, Florida Statutes, |
47 | at the time of such employment, shall not be required to become |
48 | a member of the general employees retirement and pension system |
49 | of the City of Jacksonville, but, on a one-time basis, may elect |
50 | to discontinue membership in the State and County Officers and |
51 | Employees Retirement System and to become a member of the |
52 | general employees retirement system and pension system of the |
53 | City of Jacksonville by filing (no later than November 1, 2001) |
54 | a written notice of such election with the trustees of said |
55 | pension fund. Likewise, any person employed by the Jacksonville |
56 | Seaport Authority or Jacksonville Airport Authority (and not |
57 | previously employed, as of September 30, 2001, by the |
58 | Jacksonville Port Authority) on or after October 1, 2001, who |
59 | otherwise meets eligibility requirements, shall be required to |
60 | become a member of the retirement and pension system of the City |
61 | of Jacksonville, subject to the limitations contained in the |
62 | next sentence. Provided, however, any person who became employed |
63 | by either the Jacksonville Seaport Authority or the Jacksonville |
64 | Airport Authority on or after April 1, 2002, or who hereafter |
65 | becomes so employed, shall be ineligible to become a member of |
66 | the 1937 General Employees Pension Plan, and instead must join |
67 | the Florida Retirement System; and provided further, anything |
68 | above in this subsection to the contrary notwithstanding, that |
69 | any person who became employed by either the Seaport Authority |
70 | or the Airport Authority between October 1, 2001 and March 31, |
71 | 2002 and joined the fund as required under Ordinance 2001-838-E, |
72 | shall have a one-time option, as described further in Section |
73 | 120.105(e) of the Jacksonville Municipal Code, to elect within a |
74 | 60-day period to cease being a member of the fund and to join |
75 | the FRS. Credited service under the general employees retirement |
76 | and pension system of the City of Jacksonville shall commence |
77 | for all Jacksonville Seaport Authority or Jacksonville Airport |
78 | Authority employees on October 1, 2001 or their date of |
79 | employment (whichever is later), for those employees who elected |
80 | to join that plan prior to November 1, 2001 or who became |
81 | employed prior to April 1, 2002, and no employment service prior |
82 | to October 1, 2001 with the Jacksonville Port Authority may be |
83 | credited or otherwise eligible for service purchase under the |
84 | general employees retirement and pension system of the City of |
85 | Jacksonville. |
86 | (d) Any member of a retirement and pension system of the |
87 | city of a former government who subsequent to being made a |
88 | member of said system is employed to fill a position which is |
89 | not in the civil service system of the city may elect in writing |
90 | to terminate his membership in said retirement and pension |
91 | system to be effective no earlier than the date such written |
92 | election is filed with the trustees of said retirement and |
93 | pension system and thereupon being entitled to receive the |
94 | applicable refund, if any. However, any employee electing to |
95 | withdraw from said retirement or pension system shall not be |
96 | granted any credit for prior periods of service for the purpose |
97 | of pension benefits in the system from which he has withdrawn |
98 | his membership. |
99 | (e) A handicapped person shall be eligible to participate |
100 | in any retirement and pension plans described in this article. |
101 | However, said handicapped person, who shall be defined as having |
102 | any disability, infirmity, malformation, or disfigurement which |
103 | is caused by bodily injury, birth defect, or illness, including |
104 | epilepsy, shall be examined by a panel of two or more medical |
105 | physicians, who are specialists in the handicapped applicant's |
106 | particular disability. The examination shall be conducted |
107 | through the Division of Vocational Rehabilitation of the |
108 | Department of Health and Rehabilitative Services and paid for by |
109 | same. The panel shall determine the applicant's ability to |
110 | perform the duties required pertaining to the applied position |
111 | for a period of time not less than that required to obtain |
112 | minimum time service benefits with the City of Jacksonville. The |
113 | handicapped applicant shall be considered on the same basis as |
114 | any other applicant without discrimination or prejudice. If the |
115 | handicapped applicant, in the opinion of the medical panel |
116 | aforementioned, could not logically be expected to carry out the |
117 | requirements of the applied for position for a period of time |
118 | not less than that required to obtain minimum time service |
119 | benefits, he may be employed under the old age and survivors |
120 | insurance provisions, and shall not be required to be a member |
121 | of said retirement and pension system of the City of |
122 | Jacksonville. |
123 | (f) No handicapped applicant shall be entitled to benefits |
124 | under the retirement and pension system due to a disability |
125 | arising out of the handicapped applicant's existing condition |
126 | either directly or indirectly, which condition existed at the |
127 | time the handicapped applicant became a member of the retirement |
128 | and pension system. However, any contributions paid by the |
129 | handicapped employee into the retirement and pension fund shall |
130 | be refunded to said employee if the employee becomes disabled. |
131 | (g) Any employee of the City of Jacksonville on or before |
132 | June 30, 2004, who is a member of the general employees |
133 | retirement and pension system of the City of Jacksonville and |
134 | becomes employed by the First Coast Metropolitan Planning |
135 | Organization on or before July 1, 2004, may elect to remain a |
136 | member of the general employees retirement and pension system of |
137 | the City of Jacksonville by filing a written notice of election |
138 | with the trustees of the general employees retirement and |
139 | pension system of the City of Jacksonville not later than July |
140 | 1, 2004. The First Coast Metropolitan Planning Organization |
141 | shall make all appropriate employer contributions. |
142 | Section 2. This act shall take effect upon becoming a law. |