HB 1089

1	A bill to be entitled
2	An act relating to the City of Clearwater, Pinellas
3	County; amending chapter 30658 (1955), Laws of Florida, as
4	amended; updating terminology; revising the interval at
5	which actuarial valuations of the city's fire pension fund
6	shall be made; providing eligibility for election to the
7	board of trustees of the fire pension fund; providing that
8	board members may be appointed in certain circumstances;
9	removing a requirement for payment of certain warrants;
10	providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Chapter 30658 (1955), Laws of Florida, as
15	amended, is amended to read:
16	Section 1.  Creation of fund; contributions; transfer of
17	property to trustees; tax authorized.--
18	(1)  There is hereby created a fund to be known as the
19	pension fund of the Fire Department of the City of Clearwater,
20	Florida. Each member of the fire department, as defined in by
21	section 2 of this act shall pay into said fund 6 six percent of
22	his or her salary each month, the same to be deducted by the
23	director of finance and deposited with said fund for the purpose
24	of assisting in the payment of benefits to be paid by this act;
25	provided that no firefighter fireman shall be required to
26	contribute more than 6 six percent of a salary equivalent to
27	that received by a firefighter fireman holding the rank of
28	captain.
29	(2)  All right, title, and interest in and to said fund,
30	assets, and securities of the fire pension fund collected under
31	the provisions of chapter 175, Florida Statutes, shall be
32	divided on a pro rata pro-rata basis between the firefighters
33	firemen of the City of Clearwater participating under this act
34	and fund and all other firefighters firemen employed by the City
35	of Clearwater, and said pro rata pro-rata portion of said moneys
36	shall be deposited into this fund.
37	(3)  The City of Clearwater, Florida, shall levy, assess,
38	and collect a tax upon all property in the City of Clearwater in
39	the same manner as other taxes are levied, assessed, and
40	collected not to exceed six-tenths (6/10) of one mill, the same
41	to be used with the members' annual contributions heretofore
42	provided for, and such other contributions as the fund may
43	receive from any source including earnings on the assets held by
44	the pension fund. Such assessment and tax shall commence as of
45	the first taxable year after the effective date of this act and
46	shall continue for a period of 35 thirty-five (35) years
47	thereafter, except as herein otherwise provided; however, the
48	rate of assessment and tax for the first 10 ten (10) years from
49	the effective date of this act shall be six-tenths (6/10) of one
50	mill, except as herein otherwise provided.
51	(4)  If at any time subsequent to the effective date of
52	this act there shall be a total reassessment of all taxable real
53	property and improvements thereon within the corporate limits of
54	the City of Clearwater, then effective commencing with the first
55	taxable year thereafter the millage rate of the tax that the
56	city shall levy, assess, collect, and contribute to the fund
57	shall be automatically reduced and shall remain at the same rate
58	unless subsequently reduced by other reassessments or changed as
59	herein otherwise provided.
60	(5)  The formula for reducing the millage rate of the tax
61	will be based on the assessed value of all taxable property in
62	the City of Clearwater for the calendar year immediately
63	preceding the year in which the reassessment takes effect. The
64	estimated value of new construction and annexed real property
65	that was added to the tax assessment roll will be deducted from
66	the reassessed taxable value and the difference between the
67	remaining value and the taxable value of the preceding year
68	shall be computed as a percentage of increased valuation that
69	has been realized directly because of the reassessment, and that
70	percentage shall be applied to reduce the six-tenths (6/10) of
71	one mill proportionately. In estimating the value of new
72	construction and annexed property, historical trends, building
73	permits, and actual annexation shall be used.
74	(6)  If homestead exemption from ad valorem real property
75	taxes is eliminated by competent authority, then the applicable
76	millage rate of the tax to be levied by the city, or the
77	equivalent thereof, shall be applied to the total assessment
78	rolls of all taxable property within the city adjusted by
79	deducting therefrom the increase in value on said rolls caused
80	by the elimination of said homestead tax exemption.
81	(7)  If any funds or assets remain in the pension fund
82	after the satisfaction of all required pension payments and
83	expenses, then such funds and assets shall be paid over and
84	transferred to and become a part of the pension fund for the
85	general employees of the City of Clearwater.
86	(8)  Sec. 1A.  Actuarial review and valuation of
87	plan.--Actuarial valuations of the fund shall be made at
88	intervals of not more than 2 two (2) years during the first 10
89	ten (10) years commencing with the effective date of this act;
90	thereafter, actuarial valuations shall be made at intervals of
91	not more than 3 years on an annual basis. Such actuarial
92	valuations shall be made by a professional actuarial firm
93	mutually agreed upon between the city and the trustees of said
94	fund. If the city and the trustees cannot agree upon the
95	actuarial firm to be hired within 90 ninety (90) days after
96	interviewing prospective actuarial firms, a firm shall be
97	selected by lot. If selection by lot is used, the city shall
98	choose two (2) firms and the trustees two (2) firms. The firm
99	then selected shall be that firm whose name is drawn from the
100	names of the four (4) firms previously selected.
101	(9)  Beginning with the actuarial valuation made at the end
102	of the 10th tenth (10th) year after the effective date of this
103	act and after each valuation made after that date, the trustees
104	of said fund and the city shall review the valuations to
105	determine if the original 35 thirty-five (35) years of
106	contributions by the city will still be necessary. If the
107	actuarial valuations indicate that a shorter time of funding is
108	necessary to fund the amended benefits of the plan, the city
109	will have the option to either reduce the millage or shorten the
110	number of years that contributions will be made. Should the city
111	elect to do either of the above, and at a later date, it is
112	determined by one of the actuarial valuations that the amount
113	being contributed by the city will not properly fund the
114	benefits provided by the plan, the city shall increase its
115	contributions to the maximum six-tenths (6/10) of one mill, or
116	the adjusted rate thereof pursuant to the procedure set forth in
117	this section 1 hereof because of an overall tax reassessment of
118	property, whichever is less, for whatever period the deficit
119	continues to exist. If the actuarial valuation made after the
120	first 10-year ten (10) year period or any subsequent valuation
121	indicates that the equivalent of six-tenths (6/10) of one mill
122	or the adjusted rate thereof pursuant to the procedure set forth
123	in this section 1 hereof because of an overall tax reassessment
124	of property, whichever is less, contributed by the city for the
125	period of 35 thirty-five (35) years will not properly fund the
126	amended benefits provided by the plan, or if the funds on
127	reserve at any time should become insufficient to pay the
128	benefits provided by the plan, then the city shall provide funds
129	from non-ad valorem revenues of the City of Clearwater to pay
130	all such benefits for so long as any person is entitled to
131	compensation under this act.
132	Section 2.  Definitions.--As When used in this act, the
133	term chapter:
134	(1)(a)  The term "City" shall mean the City of Clearwater,
135	Florida.
136	(2)(b)  Wherever the word "Board" appears in this act it
137	shall mean the board of trustees, and their successors in
138	office, established by the provisions of this act for the
139	purpose of performing the duties and exercising the powers
140	herein granted to said board.
141	(3)(c)  The term "Firefighters" "firemen" as used in this
142	act shall be construed as including all officers and
143	firefighters firemen regularly employed in the Fire Department
144	of the City of Clearwater, Florida, who have been certified to
145	permanent status by the civil service board of the City of
146	Clearwater, and excluding the staff assistants secretaries,
147	stenographers and other civilian employees.
148	(4)(d)  The term "Fund" as used in this act shall mean the
149	pension and benefit fund herein established.
150	(5)(e)  The term "Service" as used in this act shall mean
151	the period during which a person is an active member of the fire
152	department, qualified under the civil service rules of the City
153	of Clearwater, Florida, except where said word is used clearly
154	to designate military service in the Armed Forces of the United
155	States of America.
156	(6)(f)  The term "Permanently disabled" shall mean a
157	disability which arises from sickness or accident and is of such
158	nature that the member sustaining such disability is unable to
159	perform the duties ordinarily required of a member of the fire
160	department and from which the said member is not expected to
161	recover sufficiently to carry on the duties ordinarily required
162	of a member of the fire department.
163	(7)(g)  The term "Members of the fire department" shall be
164	construed as including all officers and firefighters firemen
165	regularly employed in said department, who have been certified
166	to permanent status by the civil service board of said city,
167	provided, however, the staff assistants secretaries,
168	stenographers and other civilian employees shall not be covered
169	by the provisions of this act.
170	Section 3.  Members participating.--Notwithstanding any
171	other provisions to the contrary, the provisions of this act
172	shall only apply to firefighters firemen or members of the fire
173	department employed in said department prior to July 1, 1963.
174	All members in the service of the fire department at the time
175	this act becomes law shall receive the benefits of the time of
176	service previous to the passage of this act.
177	Section 4.  Credit for members of armed forces.--Any member
178	of the fire department covered by this act, who is drafted into
179	the armed forces of the United States at any time or who
180	voluntarily enlists during the time the United States is engaged
181	in war, shall receive full credit towards retirement for all
182	time spent in the service while a member of the fire
183	department,; provided that he or she does not voluntarily
184	reenlist re-enlist, and further provided that his or her
185	separation from the United States service is of an honorable
186	nature.
187	Section 5.  Board of trustees;-- election, appointment,
188	membership, terms of office.--The board of trustees of said fund
189	shall consist of the mayor, who shall be chairperson chairman,
190	the chief of the fire department, and three (3) members of the
191	said department either active or retired under said pension
192	plan. The election of members from the department shall be held
193	no later than on the 15th day of June of each year. The persons
194	eligible to vote are, and only members of the fire department of
195	the City of Clearwater, Florida, either active or retired and
196	participating under this plan. In the event that no member of
197	the plan is available to stand for election, then a current
198	firefighter of the fire department below the rank of chief who
199	is willing to serve shall be placed on the ballot. In the event
200	that no one is available to stand for election, or in the event
201	that no one is available to participate in the voting, then
202	members of the board will be appointed by the city council from
203	membership of the city council, shall be entitled to vote in
204	such election. Members of the board so elected or appointed
205	shall take office on the 1st day of July of each year. Initial
206	members so elected shall serve as follows: one for 1 one (1)
207	year, one for 2 two (2) years, and one for 3 three (3) years.
208	The elected or appointed members each year shall serve for a 3-
209	year three (3) year term. Any vacancy on said board, caused by
210	the death, resignation, or dismissal of any of the elected
211	members shall be filled by an election or appointment as above
212	provided.
213	Section 6.  Investment powers.--The board of trustees shall
214	have the power to:
215	(1)1.  Invest and reinvest the assets of the pension fund
216	of the Fire Department of the City of Clearwater, Florida, in
217	annuity and life insurance contracts of life insurance companies
218	in amounts sufficient to provide, in whole or in part, the
219	benefits to which all of the participants in the pension fund of
220	the fire department shall be entitled under the provisions of
221	this act, and pay the initial and subsequent premiums thereon.
222	(2)2.  Invest and reinvest the assets of the pension fund
223	of the fire department in:
224	(a)a.  Time or savings accounts of a national bank, a state
225	bank insured by the Federal Deposit Insurance Corporation, or a
226	savings, building, and loan association insured by the Federal
227	Savings and Loan Insurance Corporation.
228	(b)b.  Obligations of the United States or obligations
229	guaranteed as to principal and interest by the government of the
230	United States.
231	(c)c.  County bonds containing a pledge of the full faith
232	and credit of the county involved, bonds of the Florida
233	development commission, or of any other state agency, which have
234	been approved as to legal and fiscal sufficiency by the State
235	Board of Administration.
236	(d)d.  Obligations of any municipal authority issued
237	pursuant to the laws of this state; provided, however, that for
238	each of the 5 five years next preceding the date of investment
239	the income of such authority available for fixed charges, shall
240	have been not less than 1 1/2 one and one half times its average
241	annual fixed-charges requirements over the life of its
242	obligations.
243	(e)e.  Common stocks, preferred stocks and bonds, and other
244	evidences of indebtedness issued or guaranteed by a corporation
245	organized under the laws of the United States, any state, or any
246	organized territory of the United States or the District of
247	Columbia, provided:
248	1.(1)  The corporation is listed on any one or more of the
249	recognized national stock exchanges and holds a rating in one of
250	the three highest classifications by a major rating service;
251	2.(2)  The corporation has paid cash dividends for a period
252	of 7 seven fiscal years next preceding the date of acquisition;
253	3.(3)  The corporation fulfills either of the following
254	standards:
255	a.  Over the period of the 7 seven fiscal years immediately
256	preceding purchase, the corporation must have earned after
257	federal income taxes, an average amount per annum at least equal
258	to two times the amount of the yearly interest charged upon its
259	bonds, notes, or other evidences of indebtedness of equal or
260	greater security outstanding at date of purchase, and earned
261	after federal income taxes, an amount at least equal to two
262	times the amount of such interest charges in each of the 3 three
263	fiscal years immediately preceding purchase; or
264	b.  The corporation over the period of 7 seven fiscal years
265	immediately preceding purchase must have earned after federal
266	income taxes, an average amount per annum at least equal to 6
267	percent six per cent of the par value of its bonds, notes, or
268	other evidences of indebtedness of equal or greater security
269	outstanding at date of purchase, and earned after federal income
270	taxes, an amount at least equal to 6 percent six per cent of the
271	par value of such obligations in each of the 3 three fiscal
272	years immediately preceding purchase. No investment shall be
273	made under this sub-subparagraph paragraph upon which any
274	interest obligation is in default or which has been in default
275	within the immediately preceding 5-year five-year period; and
276	4.(4)  The board of trustees shall not invest more than 1
277	percent one per cent of its assets in the common stock or
278	capital stock of any one issuing company, nor shall the
279	aggregate investment in any one issuing company exceed 1 percent
280	one per cent of the outstanding capital stock of that company;
281	nor shall the aggregate of its investments under this section at
282	cost exceed 60 percent sixty per cent of the fund's assets.
283	(3)  The trustees in the performance of their duties are
284	authorized to seek, obtain, and engage independent professional
285	investment counsel and advice and to pay reasonable charges for
286	said services.
287	Section 7.  Approval of pension, relief, and benefit
288	payments.--The board of trustees shall pay all warrants drawn on
289	such fund, which shall be signed by the mayor of said pension
290	fund counter-signed by the chief of the fire department. No
291	pension, relief, or benefits shall be paid to any person out of
292	said fund unless the same be approved by a majority vote of the
293	board, but the board shall not refuse a pension or other
294	benefits to any person who is qualified to receive a pension or
295	other benefits under the terms of this act.
296	Section 8.  Disability and death benefits unconnected with
297	duty.--Members of the fire department with less than 20 twenty
298	(20) years of service who shall have become permanently disabled
299	when such disability was unconnected with the performance of his
300	or her duty in the fire department, and not caused by his or her
301	own willful wilful intent, shall, upon satisfaction of the board
302	that he or she is so permanently disabled, receive as a pension
303	the sum of 2 1/2 percent 2 1/2% of the prevailing wage for the
304	rank he or she holds heolds per month per each year of service,
305	including a pro rata share for any part of a year's service. He
306	or she shall also receive a children's benefit of 7 1/2 percent
307	7 1/2% of the prevailing wage for the rank he or she holds for
308	each of his or her children under the age of 18 eighteen (18)
309	years at the time the member shall be so pensioned; providing,
310	however, that said pension, including children's benefits, shall
311	not exceed 50 percent fifty per cent (50%) of the prevailing
312	wage for the rank the member held when pensioned. All of said
313	sums shall be payable monthly. Upon the death of said member so
314	pensioned, his or her surviving spouse widow, provided the two
315	were lawfully married she was his wife at the time the member he
316	was pensioned, shall receive the same pension the member he was
317	receiving at the time of the member's his death, not to exceed
318	25 percent twenty-five percent (25%) of the prevailing wage for
319	the rank the member held when pensioned. Children's benefits of
320	7 1/2 percent 7 1/2% of the prevailing wage for the rank held by
321	the member at the time he or she was pensioned for each of his
322	or her children under the age of 18 eighteen (18) years shall be
323	paid to the person or persons having custody of said children,
324	providing that the children's benefits, together with the
325	surviving spouse's widow's pension, shall not exceed 50 percent
326	fifty per cent (50%) of the prevailing wage for the rank the
327	member held when pensioned. In the event that all children are
328	not in the custody of the same person, the children's benefits
329	shall be prorated pro rated. The benefit provided for a child
330	shall cease upon reaching the age of 18 eighteen (18) years, or
331	upon being married.
332	Section 9.  Death benefits.--If any member of the fire
333	department loses shall lose his or her life in the performance
334	of his or her duties, or as a direct result thereof, his or her
335	surviving spouse widow shall receive the sum of 50 percent fifty
336	per cent (50%) of the prevailing wage for the rank the member he
337	held when he or she died. Children's benefits of 7 1/2 percent 7
338	1/2% of the prevailing wage for the rank held by the member at
339	the time he or she died for each of his or her children under
340	the age of 18 eighteen (18) years shall be paid to the person or
341	persons having custody of said children, provided that the
342	children's benefit, together with the surviving spouse's widow's
343	pension, shall not exceed 60 percent sixty per cent (60%) of the
344	prevailing wage for the rank the member held when pensioned. In
345	the event that all children are not in the custody of the same
346	person, the children's benefits shall be prorated pro-rated. The
347	benefit provided for a child shall cease upon reaching the age
348	of 18 eighteen (18) years or upon being married.
349	Section 10.  Disability benefits.--Any member who becomes
350	shall become permanently disabled and whose, which said
351	disability is directly caused by the performance of his or her
352	duties, shall be entitled to a pension the sum of which shall be
353	60 percent sixty per cent (60%) of the prevailing wage. Upon his
354	or her death, the rights of his or her surviving spouse widow
355	and children under the age of 18 eighteen (18) years shall be
356	the same as provided for in section 9; provided, however, in
357	order to be entitled to the surviving spouse's widow's benefits,
358	the surviving spouse widow must have been the lawful spouse wife
359	of the deceased at the time he or she was placed on pension. Any
360	condition or impairment of health of a firefighter fireman
361	caused by tuberculosis, hypertension, or heart disease resulting
362	in total or partial disability or death shall be presumed to
363	have been accidental and caused by and suffered in the line of
364	duty unless the contrary is be shown by competent evidence;
365	provided, however, that such firefighter fireman shall have
366	successfully passed a physical examination before entering into
367	such service, which examination failed to reveal any evidence of
368	such condition.
369	Section 11.  Beneficiaries of benefits unconnected with
370	duty.--If any member of the fire department with less than 20
371	twenty (20) years of service dies shall die from causes
372	unconnected with the performance of his or her duties, his or
373	her surviving spouse widow and any children under the age of 18
374	eighteen (18) years of age, if there be any, shall be entitled
375	to the benefits provided for surviving spouses widows and
376	children in section 8 hereof. If any member of the fire
377	department with 20 twenty (20) years or more of service dies
378	shall die from causes unconnected with the performance of his or
379	her duties, his or her surviving spouse widow and any children
380	under the age of 18 eighteen (18) years of age, if there be any,
381	shall be entitled to the benefits provided for surviving spouses
382	widows and children in section 13 hereof.
383	Section 12.  Retirement at age 65.--Any member now employed
384	reaching the age of 65 sixty-five (65) years shall be retired
385	and shall be entitled to a pension the sum of 60 percent sixty
386	per cent (60%) of the prevailing wage of the rank at which he or
387	she retired, providing he or she held that rank for a period of
388	at least 3 three (3) years immediately prior to the retirement,
389	or his or her pension shall be based on the lowest rank he or
390	she has held during the 3 three (3) years immediately preceding
391	retirement. The above part of this section shall not pertain to
392	chiefs, whose age limits are governed by civil service rules.
393	Upon the death of the member receiving a pension under the
394	provisions of this section, his or her surviving spouse widow,
395	providing the two were lawfully married she was his lawful wife
396	at the time of the member's his retirement, shall receive 30
397	percent per cent (30%) of the prevailing wage of the lowest rank
398	the member held during the 3 three (3) years immediately
399	preceding his or her retirement. Children's benefits of 7 1/2
400	percent 7 1/2% of the prevailing wage of the lowest rank held by
401	the member during his or her last 3 three years of service for
402	each of his or her children under the age of 18 eighteen (18)
403	years shall be paid to the person or persons having custody of
404	said children, providing that the children's benefits, together
405	with the surviving spouse's widow's pension, shall not exceed 60
406	percent sixty per cent (60%) of the prevailing wage for the rank
407	the member held when pensioned. In the event that all children
408	are not in the custody of the same person, the children's
409	benefits shall be prorated pro-rated. The benefits provided for
410	a child shall cease upon his reaching the age of 18 eighteen
411	(18) years or upon being married.
412	Section 13. Retirement after 20 years' service and later.--
413	(1)  Any member of the fire department may retire after 20
414	twenty (20) years of active service and shall receive the sum of
415	50 percent fifty per cent (50%) of the prevailing wage of the
416	lowest rank he or she held during the 3 three (3) years
417	immediately preceding his or her retirement. Upon the death of
418	said retired member, the surviving spouse widow, providing the
419	two were lawfully married she was his lawful wife at the time
420	the member he was pensioned, shall receive 25 percent twenty-
421	five per cent (25%) of the prevailing wage of the lowest rank
422	the member held during the 3 three (3) years immediately
423	preceding his or her retirement. Children's benefits of 7 1/2
424	percent 7 1/2% of the prevailing wage of the lowest rank held by
425	the member during his or her last 3 three (3) years of service
426	for each of his or her children under the age of 18 eighteen
427	(18) years shall be paid to the person or persons having custody
428	of said children, providing that the children's benefits,
429	together with the surviving spouse's widow's pension, shall not
430	exceed 50 percent fifty per cent (50%) of the prevailing wage
431	for the rank the member held when pensioned. In the event that
432	all children are not in the custody of the same person, the
433	children's benefits shall be prorated pro-rated. The benefits
434	provided for a child shall cease upon reaching the age of 18
435	eighteen (18) years or upon being married.
436	(2)  Each member of the fire department will increase his
437	or her pension by 2 two percent (2%) of the prevailing wage of
438	the lowest rank he or she held during the 3 three (3) years
439	immediately preceding retirement for each year of service in
440	excess of 20 twenty (20) years, providing that in no case shall
441	the retirement pension herein provided exceed 60 sixty percent
442	(60%) of the prevailing wage of the lowest rank held by the
443	member during the 3 three (3) years immediately preceding
444	retirement. Upon the death of said member of over 20 years'
445	twenty (20) years service, his or her surviving spouse widow,
446	providing the two were lawfully married she was his lawful wife
447	at the time the member he retired, shall receive one-half (1/2)
448	of the pension the member would have been entitled to receive.
449	Children's benefits of 7 1/2 percent 7 1/2% of the prevailing
450	wage for the rank held by the member at the time he or she was
451	pensioned for each of his or her children under the age of 18
452	eighteen (18) years shall be paid to the person or persons
453	having custody of said children, providing that the children's
454	benefits, together with the surviving spouse's widow's pension,
455	shall not exceed the pension the member himself was receiving.
456	In the event that all the children are not in the custody of the
457	same person, the children's benefits shall be prorated pro-
458	rated. The benefits provided for a child shall cease upon
459	reaching the age of 18 eighteen (18) years of age or upon being
460	married.
461	Section 14.  Mother or father as beneficiary.--If there is
462	be no surviving spouse widow of the deceased member entitled to
463	benefits under this act, and there is shall be a mother or
464	father who is entirely dependent upon said member for support,
465	the member's his mother or father shall receive the same pension
466	to which the surviving spouse widow would have been entitled.
467	Section 15.  Cessation of pension to surviving spouse;
468	continuation of benefits to children.--Any pension being paid to
469	a surviving spouse widow hereunder shall cease upon his or her
470	death or remarriage. No surviving spouse's widow's pension shall
471	be paid to any surviving spouse widow unless he or she was the
472	lawful spouse wife of the deceased member at the time the member
473	he was placed on pension. This shall not be construed to mean
474	that the pension provided for each of the children of the
475	deceased under the age of 18 eighteen (18) years of age shall
476	cease by virtue of the remarriage of the surviving spouse
477	mother, but shall continue until the child or children shall
478	reach the age of 18 eighteen (18) years or marry or be legally
479	adopted.
480	Section 16.  Benefits not assignable nor subject to
481	garnishment.--No pension or other benefits provided for herein
482	shall be assignable or subject to garnishment for debts or other
483	legal process.
484	Section 17.  Pension for discharged members.--Members of
485	the fire department who are eligible and entitled to a pension
486	at the time charges are preferred against said member for
487	removal from the fire department shall not be deprived of the
488	pension to which he or she was entitled. Any member who has
489	shall have served for 12 Twelve (12) years in the fire
490	department and is who shall be discharged shall be entitled to a
491	retirement pension upon the basis provided for in section 8 of
492	this act.
493	Section 18.  Effect of judgment for damages against
494	city.--Any judgment received by any member of the fire
495	department or persons entitled to a pension under this act,
496	against the City of Clearwater for damages on account of injury
497	or death of a member of the fire department, shall thereby void
498	all rights to a pension under this act. This shall not be a bar
499	to a suit for damages. This section shall not be construed to
500	affect proceedings under the Workers' Compensation Law Workmen's
501	Compensation Act of the State of Florida.
502	Section 19.  Election to come within plan; discharge after
503	5 years' service.--
504	(1)  Every employee of the fire department now under the
505	present pension plan, acts of 1939, shall have 30 thirty (30)
506	days to reject the terms of this act, and, in the event of
507	rejection, said member shall file with the chief of said
508	department his or her objections in writing, and in the event of
509	his or her failure to do so, shall be conclusively presumed to
510	accept the terms of this act.
511	(2)  All employees of said department employed after the
512	act becomes a law shall be, as a condition of their employment,
513	subject to all of the terms and provisions of this act. Any
514	member of said department discharged or voluntarily leaving the
515	service after a period of 5 five (5) years, shall be entitled to
516	a refund of 80 percent eighty per cent (80%) of all moneys
517	monies deducted from his or her salary for said pension fund.
518	(3)  Notwithstanding the above provision, any employee
519	subject to the terms and provisions of this act may transfer
520	such employee's contributions and interest earnings which have
521	accrued during the period of time that such employee
522	participated in the plan to the City of Clearwater Employees
523	Pension Plan.
524	Section 20.  Payments under prior plan.--
525	(1)  All pensions heretofore granted by the board of
526	trustees of the fire pension fund of the City of Clearwater,
527	shall continue to be paid in accordance with the terms and
528	provisions of said plan prior to this amendment [chapter 72-506,
529	Laws of Florida].
530	(2)  All pensions hereafter granted under the provisions of
531	this plan shall be in accordance with the provisions of this act
532	[chapter 72-506, Laws of Florida]. However, the total increase
533	in pension payments to any firefighter fireman participating
534	hereunder and commencing to receive retirement benefits after
535	the effective date of this act [chapter 72-506, Laws of Florida]
536	shall be limited to a maximum of 100 one hundred percent (100%)
537	of the initial monthly pension payment provided under this plan.
538	In no case shall a pension or any adjustment to a pension be
539	calculated on the compensation of a rank higher than that of a
540	captain. This shall not be a bar to a higher-ranking higher
541	ranking officer receiving a pension, but will limit the amount
542	of such pension or adjustment to that of a captain's rank.
543	Section 21.  Qualifications of applicants for
544	employment.--Applicants for appointment as members of the fire
545	department must have been residents of the city for 1 one (1)
546	full year, next prior to application for appointment. They must
547	be an American citizen; they must stand physical examination by
548	the city physician; they must not be over 35 thirty-five (35)
549	years of age; and they must be of good moral character and
550	habits and have qualified themselves in accordance with such
551	civil service rules as may be in force at the time of their
552	application and appointment to the fire department; provided,
553	however, this provision shall not apply to the chiefs of the
554	fire department.
555	Section 22.  Reexamination of pensioners.--Any member of
556	the fire department who has shall have retired on pension due to
557	permanent disability shall be subject to the call of the board
558	for reexamination re-examination, and if found able to perform
559	active duty, the board shall have the power to, with the consent
560	of the city manager and the chief of the fire department, compel
561	the return of said member to the department, and said member so
562	returned shall enjoy the same rights that he or she had at the
563	time he or she was placed upon pension, and in the event the
564	said member so ordered to return shall refuse to comply with the
565	said order within 10 ten (10) days from issuance thereof, he or
566	she shall forfeit his or her rights to his or her pension.
567	Section 23.  Change of address; notice; determination of
568	health recovery.--It shall be the duty of all persons on pension
569	not granted by virtue of 20 twenty (20) years of service to file
570	with the pension board the address of his or her residence and
571	to immediately notify the said pension board of any change in
572	said residence, if any there be. The pension board shall have
573	the power to call any of such pensioners for examination to
574	determine whether or not the said pensioner has recovered his or
575	her health to the extent of being able to perform his or her
576	former duties on the fire department, upon giving 30 days'
577	thirty (30) days written notice of such recall for examination
578	by registered letter addressed to the last address on file with
579	the pension board. If said pensioner shall fail to submit
580	himself or herself for such examination within the said 30-day
581	thirty (30) day period, his or her pension shall be suspended
582	until such time as the pensioner shall establish before the said
583	board that he or she is still entitled to the pension he or she
584	is receiving, and in the event the pensioner shall fail within 1
585	one (1) year to respond to said notice for examination and
586	suspension of his or her pension, it shall be conclusively
587	deemed that the said pensioner is not entitled to said pension
588	and it shall be revoked and set aside.
589	Section 24.  Cessation of benefits to children upon
590	marriage.--Any benefits paid under the provisions of this act to
591	children shall cease upon the marriage of said child or children
592	or legal adoption of said child or children.
593	Section 25.  Determination of credit while laid off or on
594	pension.--If any member of the fire department shall be laid off
595	due to reduction in the force or placed on pension not service-
596	connected and then returned to the service, only the time during
597	which said member was laid off or upon pension shall be deducted
598	in computing the active service referred to in this act. Any
599	member of the department who shall be placed on pension due to
600	injury resulting from the performance of his or her duty, upon
601	returning to the service he shall receive credit only for the
602	active service actually rendered in said department in computing
603	his or her active service.
604	Section 26.  Repeal of conflicting law; exception.--All
605	laws or parts of laws in conflict herewith be and the same are
606	hereby repealed, except as provided by section 20 of this act,
607	and chapter 19112, Laws of Florida 1939, be and the same is
608	hereby repealed.
609	Section Sec. 27.  City obligated to provide funds from non-
610	ad valorem sources.--Notwithstanding any other limitations and
611	provisions contained in chapters 30658, Laws of Florida, 1955,
612	and 72-506, Laws of Florida, specifically including, but not
613	limited to, the limitation of 35 thirty-five (35) years for the
614	ad valorem tax funding of contributions to the pension fund by
615	the City of Clearwater, it is hereby provided that it shall be
616	the obligation of the City of Clearwater, if the assets on
617	reserve in such pension fund, should, at any time, become
618	insufficient to pay all of the payments and benefits provided
619	for by the pension fund and plan, to contribute and provide
620	funds from non-ad valorem revenues of the city to said fund in
621	an amount sufficient to pay all such benefits as heretofore have
622	accrued or may heretofore become payable under said laws for so
623	long as any person shall be entitled to same. It is the intent
624	of this section that the city guarantee from non-ad valorem tax
625	revenue sources all benefits which would be payable under the
626	plan at any time to the same extent as if such fund had assets
627	available from member contributions sufficient for that purpose.
628	Section 28.  Referendum.--This act shall not become
629	effective until and unless the same be ratified by a majority of
630	the qualified electors of the City of Clearwater, voting in an
631	election called and held for the purpose of ratification or
632	rejection thereof in the manner provided by law for the calling
633	and holding of special elections in said city. In the event of
634	ratification of this act, the same shall become effective
635	immediately upon the official determination of said
636	ratification. The submission of other measures for approval or
637	rejection, at the same special election in which this act is
638	submitted for ratification or rejection, shall in no way be
639	considered to invalidate or render void the special election in
640	which the ratification or rejection of this act is submitted.
641	Section 29.  Severability.--If any section, paragraph,
642	phrase, or sentence contained in this act shall be held
643	inoperative, unconstitutional, or void by any court of competent
644	jurisdiction, it shall in no way affect the remaining portions
645	of said act.
646	Section 2.  This act shall take effect upon becoming a law.

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