HB 0971

1
A bill to be entitled
2An act relating to the City of Jacksonville, Duval County;
3amending chapter 92-341, Laws of Florida, as amended,
4being the Charter of the City of Jacksonville, to allow
5certain city employees to become employed by the First
6Coast Metropolitan Planning Organization and to retain
7their city pension membership; providing an effective
8date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Section 16.04 of Article 16 of section 1 of
13chapter 92-341, Laws of Florida, as amended, is amended to read:
14     Section 16.04.  Election of membership by certain employees
15and membership of handicapped employees.--Notwithstanding the
16provisions of section 16.01:
17     (a)  Any employee of the City of Jacksonville who is not in
18the civil service system of the city nor any elected or
19appointed officer of the city shall be required to become a
20member of the retirement and pension system of the City of
21Jacksonville, but any noncivil service employee or elected or
22appointed officer may elect to become a member of the retirement
23and pension system of the City of Jacksonville by filing a
24written notice of election with the trustees of the pension
25funds of the city retirement and pension system. Upon the filing
26of the notice of election, the membership of the officer or
27employee in any other public pension fund of which he may be a
28member shall terminate.
29     (b)  Any person employed by the City of Jacksonville in the
30health and welfare department on or after October 1, 1968, who
31was or shall be a member of the State and County Officers and
32Employees Retirement System provided for in chapter 122, Florida
33Statutes, at the time of such employment, shall not be required
34to become a member of the retirement and pension system of the
35City of Jacksonville, but may elect to discontinue membership in
36the State and County Officers and Employees Retirement System
37and to become a member of the retirement system and pension
38system of the City of Jacksonville by filing a written notice of
39election with the trustees of the pension funds of the
40retirement and pension systems concerned.
41     (c)  Excluding those employed in fire & rescue and law
42enforcement, any person previously employed by the Jacksonville
43Port Authority and employed by the Jacksonville Seaport
44Authority or Jacksonville Airport Authority on October 1, 2001,
45who was a member of the State and County Officers and Employees
46Retirement System provided for in Chapter 122, Florida Statutes,
47at the time of such employment, shall not be required to become
48a member of the general employees retirement and pension system
49of the City of Jacksonville, but, on a one-time basis, may elect
50to discontinue membership in the State and County Officers and
51Employees Retirement System and to become a member of the
52general employees retirement system and pension system of the
53City of Jacksonville by filing (no later than November 1, 2001)
54a written notice of such election with the trustees of said
55pension fund. Likewise, any person employed by the Jacksonville
56Seaport Authority or Jacksonville Airport Authority (and not
57previously employed, as of September 30, 2001, by the
58Jacksonville Port Authority) on or after October 1, 2001, who
59otherwise meets eligibility requirements, shall be required to
60become a member of the retirement and pension system of the City
61of Jacksonville, subject to the limitations contained in the
62next sentence. Provided, however, any person who became employed
63by either the Jacksonville Seaport Authority or the Jacksonville
64Airport Authority on or after April 1, 2002, or who hereafter
65becomes so employed, shall be ineligible to become a member of
66the 1937 General Employees Pension Plan, and instead must join
67the Florida Retirement System; and provided further, anything
68above in this subsection to the contrary notwithstanding, that
69any person who became employed by either the Seaport Authority
70or the Airport Authority between October 1, 2001 and March 31,
712002 and joined the fund as required under Ordinance 2001-838-E,
72shall have a one-time option, as described further in Section
73120.105(e) of the Jacksonville Municipal Code, to elect within a
7460-day period to cease being a member of the fund and to join
75the FRS. Credited service under the general employees retirement
76and pension system of the City of Jacksonville shall commence
77for all Jacksonville Seaport Authority or Jacksonville Airport
78Authority employees on October 1, 2001 or their date of
79employment (whichever is later), for those employees who elected
80to join that plan prior to November 1, 2001 or who became
81employed prior to April 1, 2002, and no employment service prior
82to October 1, 2001 with the Jacksonville Port Authority may be
83credited or otherwise eligible for service purchase under the
84general employees retirement and pension system of the City of
85Jacksonville.
86     (d)  Any member of a retirement and pension system of the
87city of a former government who subsequent to being made a
88member of said system is employed to fill a position which is
89not in the civil service system of the city may elect in writing
90to terminate his membership in said retirement and pension
91system to be effective no earlier than the date such written
92election is filed with the trustees of said retirement and
93pension system and thereupon being entitled to receive the
94applicable refund, if any. However, any employee electing to
95withdraw from said retirement or pension system shall not be
96granted any credit for prior periods of service for the purpose
97of pension benefits in the system from which he has withdrawn
98his membership.
99     (e)  A handicapped person shall be eligible to participate
100in any retirement and pension plans described in this article.
101However, said handicapped person, who shall be defined as having
102any disability, infirmity, malformation, or disfigurement which
103is caused by bodily injury, birth defect, or illness, including
104epilepsy, shall be examined by a panel of two or more medical
105physicians, who are specialists in the handicapped applicant's
106particular disability. The examination shall be conducted
107through the Division of Vocational Rehabilitation of the
108Department of Health and Rehabilitative Services and paid for by
109same. The panel shall determine the applicant's ability to
110perform the duties required pertaining to the applied position
111for a period of time not less than that required to obtain
112minimum time service benefits with the City of Jacksonville. The
113handicapped applicant shall be considered on the same basis as
114any other applicant without discrimination or prejudice. If the
115handicapped applicant, in the opinion of the medical panel
116aforementioned, could not logically be expected to carry out the
117requirements of the applied for position for a period of time
118not less than that required to obtain minimum time service
119benefits, he may be employed under the old age and survivors
120insurance provisions, and shall not be required to be a member
121of said retirement and pension system of the City of
122Jacksonville.
123     (f)  No handicapped applicant shall be entitled to benefits
124under the retirement and pension system due to a disability
125arising out of the handicapped applicant's existing condition
126either directly or indirectly, which condition existed at the
127time the handicapped applicant became a member of the retirement
128and pension system. However, any contributions paid by the
129handicapped employee into the retirement and pension fund shall
130be refunded to said employee if the employee becomes disabled.
131     (g)  Any employee of the City of Jacksonville on or before
132June 30, 2004, who is a member of the general employees
133retirement and pension system of the City of Jacksonville and
134becomes employed by the First Coast Metropolitan Planning
135Organization on or before July 1, 2004, may elect to remain a
136member of the general employees retirement and pension system of
137the City of Jacksonville by filing a written notice of election
138with the trustees of the general employees retirement and
139pension system of the City of Jacksonville not later than July
1401, 2004. The First Coast Metropolitan Planning Organization
141shall make all appropriate employer contributions.
142     Section 2.  This act shall take effect upon becoming a law.


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