| 1 | A bill to be entitled |
| 2 | An act relating to the City of West Palm Beach, Palm Beach |
| 3 | County; amending ch. 24981 (1947), Laws of Florida, as |
| 4 | amended; revising provisions applicable to the West Palm |
| 5 | Beach Police Pension Fund; amending the definitions of |
| 6 | "final average salary," "salary," and "service"; revising |
| 7 | the provisions for membership; revising the member's |
| 8 | contributions; allowing the purchase of permissive |
| 9 | service; clarifying provisions related to credit for |
| 10 | intervening military service; providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Paragraphs (g), (p), and (q) of subsection (2), |
| 15 | subsection (6), and paragraph (a) of subsection (19) of section |
| 16 | 16 of chapter 24981 (1947), Laws of Florida, as amended, are |
| 17 | amended, and subsection (35) is added to said section, to read: |
| 18 | Section 16. West Palm Beach Police Pension Fund.-- |
| 19 | (2) Definitions.--The following words or phrases, as used |
| 20 | in this act, shall have the following meanings, unless a |
| 21 | different meaning is clearly indicated by the context: |
| 22 | (g) "Final average salary" means the average of the |
| 23 | monthly salary paid a member in the 3 best years of employment. |
| 24 | In no event shall any one year, beginning January 1, 2005, |
| 25 | include more than 400 hours of overtime. Prior to January 1, |
| 26 | 2005, individual years may include more than 400 hours of |
| 27 | overtime. |
| 28 | (p) "Salary" means the fixed monthly compensation paid to |
| 29 | a member; compensation shall include those items as have been |
| 30 | included as compensation in accordance with past practice. |
| 31 | However, the term shall not be construed to include lump sum |
| 32 | payments for accumulated leave. On and after January 1, 2003, |
| 33 | salary shall mean total cash remuneration paid by the City to a |
| 34 | police officer for services rendered, excluding lump sum |
| 35 | payments for accumulated leave such as accrued vacation leave, |
| 36 | accrued sick leave, and accrued personal leave. Effective |
| 37 | January 1, 2005, overtime hours earned and paid in excess of 400 |
| 38 | hours in any 26 consecutive pay periods shall be excluded from |
| 39 | the definition of salary; prior to January 1, 2005, all overtime |
| 40 | hours earned and paid shall be included in the definition of |
| 41 | salary and shall not be limited by any cap. This definition of |
| 42 | compensation shall not include off-duty employment performed for |
| 43 | vendors other than the City of West Palm Beach per Article 30, |
| 44 | Pension Plan and Section 5 of the collective bargaining |
| 45 | agreement between the Palm Beach County Police Benevolent |
| 46 | Association and the City of West Palm Beach. |
| 47 | (q) "Service" or "service credit" means the total number |
| 48 | of years, and fractional parts of years, of employment of any |
| 49 | police officer, omitting intervening years, and fractional parts |
| 50 | of years, when such police officer was not employed by the City. |
| 51 | No member shall receive credit for years, or fractional parts of |
| 52 | years, of service for which the member has withdrawn his or her |
| 53 | contributions to the Fund. It is further provided that a member |
| 54 | may voluntarily leave his or her contributions in the Fund for a |
| 55 | period of 5 years after leaving the employ of the Department, |
| 56 | pending the possibility of being rehired by the Department, |
| 57 | without losing credit for the time he or she has participated |
| 58 | actively as a police officer. Should he or she not be reemployed |
| 59 | as a police officer with the Department within 5 years, his or |
| 60 | her contributions shall be returned without interest. In |
| 61 | determining the aggregate number of years of service of any |
| 62 | member, years of service for prior police officer or military |
| 63 | service, as well as intervening military service, may be added, |
| 64 | provided the member meets the requirements of subsection 35 of |
| 65 | the Plan. the time spent in the military service of the United |
| 66 | States or United States Merchant Marine by the police officer on |
| 67 | leave of absence for such reason shall be added to the years of |
| 68 | service. However, to receive credit for such service, the member |
| 69 | must have reentered the employ of the Department within 1 year |
| 70 | after date of release from such service. |
| 71 | (6) Membership.--All police officers in the employ of the |
| 72 | Department shall be included in the membership of the Fund, and |
| 73 | all persons who hereafter become police officers in the employ |
| 74 | of the City shall thereupon become members of the Fund. Except |
| 75 | as otherwise provided in this act, should any member cease to be |
| 76 | a police officer in the employ of the Department, he or she |
| 77 | shall thereupon cease to be a member and his or her credited |
| 78 | service at that time shall be forfeited. In the event such |
| 79 | person is reemployed in the Department as a police officer, he |
| 80 | or she shall again become a member. Should said employment occur |
| 81 | within a period of 6 years from and after the date the member |
| 82 | last left the employ of the Department, His or her forfeited |
| 83 | service shall be restored to the member's credit, provided that |
| 84 | he or she returns to the Fund the amount he or she might have |
| 85 | withdrawn, together with regular interest from the date of |
| 86 | withdrawal to the date of repayment. Upon the member's |
| 87 | retirement or death, he or she shall thereupon cease to be a |
| 88 | member. |
| 89 | (19) Member's contributions; refunds.-- |
| 90 | (a) Member's contributions.-- |
| 91 | 1. The member shall contribute 7 percent of his or her |
| 92 | salary to the Fund. Effective the first full payroll period |
| 93 | after January 1, 2005, the member shall contribute 9 percent of |
| 94 | his or her salary to the Fund, which shall be deducted each pay |
| 95 | period from the salary of each member in the Department. |
| 96 | Effective the first full payroll period after January 1, 2006, |
| 97 | the member shall contribute 10 percent of his or her salary to |
| 98 | the Fund, which shall be deducted each pay period from the |
| 99 | salary of each member in the Department. Effective the first |
| 100 | full payroll period after January 1, 2007, the member shall |
| 101 | contribute 11 percent of his or her salary to the Fund, which |
| 102 | shall be deducted each pay period from the salary of each member |
| 103 | in the Department. All amounts of member contributions that are |
| 104 | deducted shall be immediately paid over to the Pension Fund. Any |
| 105 | contribution amount over 7 percent is to be used to purchase |
| 106 | eligibility for participation in the postretirement health |
| 107 | insurance benefits. |
| 108 | 2. The City shall cause the contributions provided for in |
| 109 | subparagraph 1. to be deducted from the compensation of each |
| 110 | member on each payroll, for each pay period, so long as he or |
| 111 | she remains a member of the Fund. The member's contributions |
| 112 | provided for herein shall be made, notwithstanding that the |
| 113 | minimum compensation provided by law for any member is thereby |
| 114 | changed. Each member shall be deemed to consent and agree to the |
| 115 | deductions made and provided for herein. Payment of |
| 116 | compensation, less said deductions, shall be a full and complete |
| 117 | discharge and acquittance of all claims and demands whatsoever |
| 118 | for the services rendered by him or her during the period |
| 119 | covered by such payment, except as to benefits provided by this |
| 120 | act. When deducted, each of said contributions shall be paid |
| 121 | into the Fund and credited to the individual member from whose |
| 122 | compensation said deduction was made. |
| 123 | 3. In addition to the contribution deducted from the |
| 124 | compensation of a member, as hereinbefore provided, a member |
| 125 | shall deposit in the Fund, by a single contribution or by an |
| 126 | increased rate of contribution, as approved by the Board of |
| 127 | Trustees, the amount of previously withdrawn member |
| 128 | contributions not repaid to the Fund, together with regular |
| 129 | interest from the date of withdrawal to the date of repayment. |
| 130 | In no case shall any member be given credit for service rendered |
| 131 | prior to the date he withdrew his aggregate contributions until |
| 132 | he or she repays to the member's deposit account all amounts |
| 133 | due the account by such member. |
| 134 | (35) Other police officer or military service.-- |
| 135 | (a) Prior police officer or military service.--Unless |
| 136 | otherwise prohibited by law, the years, or fractional parts of |
| 137 | years, that a member previously served as a police officer with |
| 138 | the City during a period of employment and for which accumulated |
| 139 | contributions were withdrawn from the fund, or the years, or |
| 140 | fractional parts of years, that a member served as a police |
| 141 | officer for this or any other municipal, county, state, or |
| 142 | federal law enforcement office or any time served in the |
| 143 | military service of the Armed Forces of the United States shall |
| 144 | be added to the years of credited service, provided that the |
| 145 | member contributes to the fund the sum that would have been |
| 146 | contributed, based on the member's salary and the employee |
| 147 | contribution rate in effect at the time that the credited |
| 148 | service is requested, had the member been a member of this |
| 149 | system for the years, or fractional parts of years, for which |
| 150 | the credit is requested, plus the amount actuarially determined, |
| 151 | such that the crediting of service does not result in any cost |
| 152 | to the fund, plus payment of costs for all professional services |
| 153 | rendered to the board in connection with the purchase of years |
| 154 | of credited service. |
| 155 | 1. Payment by the member of the required amount may be |
| 156 | made within 6 months after the request for credit and in one |
| 157 | lump sum payment, or the member may buy back this time over a |
| 158 | period equal to the length of time being purchased or 5 years, |
| 159 | whichever is greater, at an interest rate which is equal to the |
| 160 | Fund's actuarial assumption. A member may request to purchase |
| 161 | some or all years of service. |
| 162 | 2. The credit purchased under this subsection shall count |
| 163 | for all purposes, except vesting. |
| 164 | 3. In no event, however, may credited service be purchased |
| 165 | pursuant to this section for prior service with any other |
| 166 | municipal, county, state, or federal law enforcement office, if |
| 167 | such prior service forms or will form the basis of a retirement |
| 168 | benefit or pension from another retirement system or plan. |
| 169 | 4. In the event that a member who is in the process of |
| 170 | purchasing service suffers a disability and is awarded a benefit |
| 171 | from the plan, the member shall not be required to complete the |
| 172 | buyback. However, contributions made prior to the date the |
| 173 | disability payment begins will be retained by the Fund. |
| 174 | 5. If a member who has either completed the purchase of |
| 175 | service or is in the process of purchasing service terminates |
| 176 | before vesting, the member's contributions shall be refunded, |
| 177 | including the buyback contributions. |
| 178 | 6. A request to purchase service may be made at any time |
| 179 | during the course of employment; however, the buyback is a one- |
| 180 | time opportunity. |
| 181 | (b) Intervening military service.--In determining the |
| 182 | creditable service of any police officer, credit for up to 5 |
| 183 | years of the time spent in the military service of the Armed |
| 184 | Forces of the United States shall be added to the years of |
| 185 | actual service without employee contribution, if: |
| 186 | 1. The police officer is in the active employ of the |
| 187 | municipality prior to such service and leaves a position, other |
| 188 | than a temporary position, for the purpose of voluntary or |
| 189 | involuntary service in the Armed Forces of the United States. |
| 190 | 2. The police officer is entitled to reemployment under |
| 191 | the provisions of the federal Uniformed Services Employment and |
| 192 | Reemployment Rights Act. |
| 193 | 3. The police officer returns to his or her employment as |
| 194 | a police officer of the municipality within 1 year after the |
| 195 | date of his or her release from such active service. |
| 196 | Section 2. This act shall take effect upon becoming a law. |