Senate Bill sb2938

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007        (NP)                      SB 2938

    By Senators Joyner, Justice, Crist and Storms





    18-1967-07                                         See HB 1413

  1                      A bill to be entitled

  2         An act relating to the City Pension Fund for

  3         Firefighters and Police Officers in the City of

  4         Tampa, Hillsborough County; authorizing the

  5         City of Tampa to enter into a supplemental

  6         contract with certain firefighters and police

  7         officers to revise the 13th Check Program

  8         funding; providing that the act is contingent

  9         upon execution of a contract between the city

10         and the bargaining agents for the firefighters

11         and police officers; providing for the

12         execution of certain supplemental contract

13         provisions by a date certain or forever barring

14         the receipt of benefits therein provided;

15         confirming in part the City of Tampa

16         Firefighters and Police Officers Contract;

17         providing an effective date.

18  

19  Be It Enacted by the Legislature of the State of Florida:

20  

21         Section 1.  The City of Tampa is authorized and

22  empowered to enter into a supplemental contract with each and

23  every firefighter or police officer who was an active member

24  of the City Pension Fund for Firefighters and Police Officers

25  in the City of Tampa on or after the date this act becomes a

26  law, or who hereafter enters into a pension contract with the

27  City, amending Section 27(B)(1) of the City of Tampa

28  Firefighters and Police Officers Pension Contract as

29  prescribed by Section 28-17 of the City of Tampa Code

30  [Ordinance No 4746-A, enacted September 30, 1969], as amended

31  by Section 28-19 of the City of Tampa Code [Ordinance No.

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    Florida Senate - 2007        (NP)                      SB 2938
    18-1967-07                                         See HB 1413




 1  6038-A, enacted September 17, 1974], pursuant to chapter

 2  74-613, Laws of Florida, as further amended by Ordinance No.

 3  89-314, enacted December 21, 1989, and approved, ratified,

 4  validated, and confirmed by chapter 90-381, Laws of Florida,

 5  and as further amended by chapter 92-231, Laws of Florida,

 6  chapter 94-463, Laws of Florida, chapter 98-515, Laws of

 7  Florida, chapter 2000-485, Laws of Florida, Ordinance No.

 8  2001-133, enacted July 3, 2001, chapter 2001-288, Laws of

 9  Florida, chapter 2002-369, Laws of Florida, and Ordinance No.

10  2003-22, enacted January 23, 2003, and chapter 2004-427, Laws

11  of Florida, to read:

12         Section 27(B)(1).  There is hereby created a 13th check

13  account within the Fund, which shall consist of those

14  employees' contributions set forth in subparagraph 27(B)(2) in

15  excess of those contributions otherwise required by Section 2

16  for the normal annual cost of benefits, other than benefits

17  arising from post retirement adjustments made pursuant to

18  Section 23 and other than benefits arising from the 13th Check

19  Program, plus any interest earnings thereon up to and

20  including September 30, 2001. Effective for earnings paid on

21  the first pay date after October 1, 2001, employee

22  contributions to the 13th Check account shall cease, and the

23  13th Check Account shall be funded by investment returns in

24  excess of 10% (limited to 3%) on the base plan liabilities for

25  persons eligible for the 13th check. For purposes of this

26  Section, the "base plan" shall mean those assets of the fund

27  excluding the Post Retirement Adjustment Account, DROP account

28  assets, and the 13th check account. The amount available for

29  the 13th check shall be calculated as of fiscal year end

30  commencing September 30, 2001 for the fiscal year ending

31  September 30, 2001 for payment no later than June 30, 2002 and

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    Florida Senate - 2007        (NP)                      SB 2938
    18-1967-07                                         See HB 1413




 1  each June 30 annually thereafter; provided, however, the

 2  calculation of the amount payable no later than June 30, 2002,

 3  shall include employee contributions to the 13th check account

 4  for earnings paid through the last pay date immediately prior

 5  to October 1, 2001. Effective October 1, 2007, the 13th Check

 6  Account shall be funded by investment returns in excess of 10

 7  percent (limited to 1 percent) on the base plan plus the Post

 8  Retirement Adjustment Account market value of assets at each

 9  fiscal year ending September 30. For purposes of this section,

10  the term "base plan" means those assets of the fund excluding

11  the Post Retirement Adjustment Account, DROP account assets,

12  and the 13th Check Account. The amount available for the 13th

13  Check shall be calculated as of fiscal year end commencing

14  September 30, 2007, for the fiscal year ending September 30,

15  2007, for payment no later than June 30, 2008, and each June

16  30 annually thereafter. The City shall not be required to make

17  contributions to the 13th check program.

18         Section 2.  This act is only an enabling act, and the

19  execution by the City of Tampa of the aforesaid supplemental

20  contract and entitlement to the pension benefits referred to

21  in this act for all firefighters and police officers,

22  regardless of whether in the respective certified bargaining

23  unit for firefighters or police officers, and the

24  effectiveness of this act, is contingent upon contractual

25  agreement through the collective bargaining process between

26  the City of Tampa and the respective certified bargaining

27  agents for firefighters and police officers.

28         Section 3.  The benefits provided for in this act and

29  the changes to the pension contract provided for in this act

30  for firefighters and police officers who are active members of

31  the City Pension Fund for Firefighters and Police Officers in

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    Florida Senate - 2007        (NP)                      SB 2938
    18-1967-07                                         See HB 1413




 1  the City of Tampa on or after the date this act becomes a law

 2  shall be made available in a supplemental pension contract,

 3  and an individual shall not be permitted to select some of

 4  said benefits or changes and reject others of said benefits or

 5  changes. Any firefighter or police officer who is entitled to

 6  benefits under the City Pension for Firefighters and Police

 7  Officers in the City of Tampa that is actively employed as a

 8  firefighter or police officer in the City of Tampa on or after

 9  October 1, 2007, on the date this act becomes a law who fails

10  to sign said supplemental pension contract before October 1,

11  2007, shall be forever barred from receiving said benefits.

12  However, any person who becomes a member of the City Pension

13  Fund for Firefighters and Police Officers in the City of Tampa

14  on or after the date this act becomes law shall be required as

15  a condition of membership into said pension fund to sign a

16  pension contract that includes the provisions of this act, and

17  shall be required to make contributions if required as a

18  result of such benefits.

19         Section 4.  If the City of Tampa enters into a

20  supplemental pension contract as provided in section 1, each

21  retired firefighter and retired police officer who is living

22  on the date this act becomes a law, each member who retires or

23  dies after this act becomes a law, but before October 1, 2007,

24  and each qualifying surviving spouse who is living on the date

25  this act becomes a law, is entitled to receive the same

26  benefits from the 13th Check Account upon the same basis as if

27  the member's contract had been supplemented in the manner

28  provided by section 1 before the member's separation from

29  service; provided said retired firefighters, retired police

30  officers, and eligible surviving spouses as a condition of

31  participation in the 13th Check Program shall be subject to

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    Florida Senate - 2007        (NP)                      SB 2938
    18-1967-07                                         See HB 1413




 1  the provisions of sections 24, 25, and 27 of the pension

 2  contract.

 3         Section 5.  The City of Tampa Firefighters and Police

 4  Officers Pension Contract as prescribed by Section 28-17 of

 5  the Tampa City Code [Ordinance No. 4746-A, enacted September

 6  30, 1969], as amended by Section 28-19 of the Tampa City Code

 7  [Ordinance No. 6038-A, enacted September 17, 1974], pursuant

 8  to chapter 74-613, Laws of Florida; as further amended by

 9  Ordinance No. 89-314, enacted December 21, 1989, and approved,

10  ratified, validated, and confirmed by chapter 90-391, Laws of

11  Florida; and as further amended by chapter 92-231, Laws of

12  Florida, chapter 94-463, Laws of Florida, chapter 98-515, Laws

13  of Florida, chapter 2000-485, Laws of Florida, Ordinance No.

14  2001-133, enacted July 3, 2001, chapter 2001-288, Laws of

15  Florida, chapter 2002-369, Laws of Florida, Ordinance No.

16  2003-22, enacted January 23, 2003, and chapter 2004-427, Laws

17  of Florida, is in all other respects approved, ratified,

18  validated, and confirmed.

19         Section 6.  This act shall take effect upon becoming a

20  law.

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