| 1 | A bill to be entitled |
| 2 | An act relating to the City Pension Fund for Firefighters |
| 3 | and Police Officers in the City of Tampa, Hillsborough |
| 4 | County; authorizing the City of Tampa to enter into a |
| 5 | supplemental contract with certain firefighters and police |
| 6 | officers to revise the 13th Check Program funding; |
| 7 | providing that the act is contingent upon execution of a |
| 8 | contract between the city and the bargaining agents for |
| 9 | the firefighters and police officers; providing for the |
| 10 | execution of certain supplemental contract provisions by a |
| 11 | date certain or forever barring the receipt of benefits |
| 12 | therein provided; confirming in part the City of Tampa |
| 13 | Firefighters and Police Officers Contract; providing an |
| 14 | effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. The City of Tampa is authorized and empowered |
| 19 | to enter into a supplemental contract with each and every |
| 20 | firefighter or police officer who was an active member of the |
| 21 | City Pension Fund for Firefighters and Police Officers in the |
| 22 | City of Tampa on or after the date this act becomes a law, or |
| 23 | who hereafter enters into a pension contract with the City, |
| 24 | amending Section 27(B)(1) of the City of Tampa Firefighters and |
| 25 | Police Officers Pension Contract as prescribed by Section 28-17 |
| 26 | of the City of Tampa Code [Ordinance No 4746-A, enacted |
| 27 | September 30, 1969], as amended by Section 28-19 of the City of |
| 28 | Tampa Code [Ordinance No. 6038-A, enacted September 17, 1974], |
| 29 | pursuant to chapter 74-613, Laws of Florida, as further amended |
| 30 | by Ordinance No. 89-314, enacted December 21, 1989, and |
| 31 | approved, ratified, validated, and confirmed by chapter 90-381, |
| 32 | Laws of Florida, and as further amended by chapter 92-231, Laws |
| 33 | of Florida, chapter 94-463, Laws of Florida, chapter 98-515, |
| 34 | Laws of Florida, chapter 2000-485, Laws of Florida, Ordinance |
| 35 | No. 2001-133, enacted July 3, 2001, chapter 2001-288, Laws of |
| 36 | Florida, chapter 2002-369, Laws of Florida, and Ordinance No. |
| 37 | 2003-22, enacted January 23, 2003, and chapter 2004-427, Laws of |
| 38 | Florida, to read: |
| 39 | Section 27(B)(1). There is hereby created a 13th check |
| 40 | account within the Fund, which shall consist of those employees' |
| 41 | contributions set forth in subparagraph 27(B)(2) in excess of |
| 42 | those contributions otherwise required by Section 2 for the |
| 43 | normal annual cost of benefits, other than benefits arising from |
| 44 | post retirement adjustments made pursuant to Section 23 and |
| 45 | other than benefits arising from the 13th Check Program, plus |
| 46 | any interest earnings thereon up to and including September 30, |
| 47 | 2001. Effective for earnings paid on the first pay date after |
| 48 | October 1, 2001, employee contributions to the 13th Check |
| 49 | account shall cease, and the 13th Check Account shall be funded |
| 50 | by investment returns in excess of 10% (limited to 3%) on the |
| 51 | base plan liabilities for persons eligible for the 13th check. |
| 52 | For purposes of this Section, the "base plan" shall mean those |
| 53 | assets of the fund excluding the Post Retirement Adjustment |
| 54 | Account, DROP account assets, and the 13th check account. The |
| 55 | amount available for the 13th check shall be calculated as of |
| 56 | fiscal year end commencing September 30, 2001 for the fiscal |
| 57 | year ending September 30, 2001 for payment no later than June |
| 58 | 30, 2002 and each June 30 annually thereafter; provided, |
| 59 | however, the calculation of the amount payable no later than |
| 60 | June 30, 2002, shall include employee contributions to the 13th |
| 61 | check account for earnings paid through the last pay date |
| 62 | immediately prior to October 1, 2001. Subject to the |
| 63 | requirements of part VII of chapter 112, Florida Statutes, |
| 64 | effective October 1, 2007, the 13th Check Account shall be |
| 65 | funded by investment returns in excess of 10 percent (limited to |
| 66 | 1 percent) on the base plan plus the Post Retirement Adjustment |
| 67 | Account market value of assets at each fiscal year ending |
| 68 | September 30. For purposes of this section, the term "base plan" |
| 69 | means those assets of the fund excluding the Post Retirement |
| 70 | Adjustment Account, DROP account assets, and the 13th Check |
| 71 | Account. The amount available for the 13th Check shall be |
| 72 | calculated as of fiscal year end commencing September 30, 2007, |
| 73 | for the fiscal year ending September 30, 2007, for payment no |
| 74 | later than June 30, 2008, and each June 30 annually thereafter. |
| 75 | The City shall not be required to make contributions to the 13th |
| 76 | check program. |
| 77 | Section 2. This act is only an enabling act, and the |
| 78 | execution by the City of Tampa of the aforesaid supplemental |
| 79 | contract and entitlement to the pension benefits referred to in |
| 80 | this act for all firefighters and police officers, regardless of |
| 81 | whether in the respective certified bargaining unit for |
| 82 | firefighters or police officers, and the effectiveness of this |
| 83 | act, is contingent upon contractual agreement through the |
| 84 | collective bargaining process between the City of Tampa and the |
| 85 | respective certified bargaining agents for firefighters and |
| 86 | police officers. |
| 87 | Section 3. The benefits provided for in this act and the |
| 88 | changes to the pension contract provided for in this act for |
| 89 | firefighters and police officers who are active members of the |
| 90 | City Pension Fund for Firefighters and Police Officers in the |
| 91 | City of Tampa on or after the date this act becomes a law shall |
| 92 | be made available in a supplemental pension contract, and an |
| 93 | individual shall not be permitted to select some of said |
| 94 | benefits or changes and reject others of said benefits or |
| 95 | changes. Any firefighter or police officer who is entitled to |
| 96 | benefits under the City Pension for Firefighters and Police |
| 97 | Officers in the City of Tampa that is actively employed as a |
| 98 | firefighter or police officer in the City of Tampa on or after |
| 99 | October 1, 2007, on the date this act becomes a law who fails to |
| 100 | sign said supplemental pension contract before October 1, 2007, |
| 101 | shall be forever barred from receiving said benefits. However, |
| 102 | any person who becomes a member of the City Pension Fund for |
| 103 | Firefighters and Police Officers in the City of Tampa on or |
| 104 | after the date this act becomes law shall be required as a |
| 105 | condition of membership into said pension fund to sign a pension |
| 106 | contract that includes the provisions of this act, and shall be |
| 107 | required to make contributions if required as a result of such |
| 108 | benefits. |
| 109 | Section 4. If the City of Tampa enters into a supplemental |
| 110 | pension contract as provided in section 1, each retired |
| 111 | firefighter and retired police officer who is living on the date |
| 112 | this act becomes a law, each member who retires or dies after |
| 113 | this act becomes a law, but before October 1, 2007, and each |
| 114 | qualifying surviving spouse who is living on the date this act |
| 115 | becomes a law, is entitled to receive the same benefits from the |
| 116 | 13th Check Account upon the same basis as if the member's |
| 117 | contract had been supplemented in the manner provided by section |
| 118 | 1 before the member's separation from service; provided said |
| 119 | retired firefighters, retired police officers, and eligible |
| 120 | surviving spouses as a condition of participation in the 13th |
| 121 | Check Program shall be subject to the provisions of sections 24, |
| 122 | 25, and 27 of the pension contract. |
| 123 | Section 5. The City of Tampa Firefighters and Police |
| 124 | Officers Pension Contract as prescribed by Section 28-17 of the |
| 125 | Tampa City Code [Ordinance No. 4746-A, enacted September 30, |
| 126 | 1969], as amended by Section 28-19 of the Tampa City Code |
| 127 | [Ordinance No. 6038-A, enacted September 17, 1974], pursuant to |
| 128 | chapter 74-613, Laws of Florida; as further amended by Ordinance |
| 129 | No. 89-314, enacted December 21, 1989, and approved, ratified, |
| 130 | validated, and confirmed by chapter 90-391, Laws of Florida; and |
| 131 | as further amended by chapter 92-231, Laws of Florida, chapter |
| 132 | 94-463, Laws of Florida, chapter 98-515, Laws of Florida, |
| 133 | chapter 2000-485, Laws of Florida, Ordinance No. 2001-133, |
| 134 | enacted July 3, 2001, chapter 2001-288, Laws of Florida, chapter |
| 135 | 2002-369, Laws of Florida, Ordinance No. 2003-22, enacted |
| 136 | January 23, 2003, and chapter 2004-427, Laws of Florida, is in |
| 137 | all other respects approved, ratified, validated, and confirmed. |
| 138 | Section 6. This act shall take effect upon becoming a law. |