CS/HB 1515

1	A bill to be entitled
2	An act relating to the City of Orlando Firefighter Pension
3	Fund, Orange County; amending chapter 23444, Laws of
4	Florida, 1945, as amended; providing definitions of "legal
5	guardian" and "guardians of said issue"; clarifying the
6	amount of certain disability pension; providing that
7	surviving spouses and other beneficiaries are entitled to
8	cost of living increases upon the death of eligible
9	firefighters; approving ordinances enacted by the City of
10	Orlando concerning the firefighter pension plan; providing
11	that the act is contingent upon a collective bargaining
12	agreement; providing retroactive effect; providing
13	effective dates.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Section 2 of chapter 23444, Laws of Florida,
18	1945, as amended by chapters 73-573 and 2000-448, Laws of
19	Florida, and by City of Orlando Ordinance 33874, enacted June
20	18, 2001, is amended to read:
21	Section 2.  Employees included.
22	Members of said Fire Department shall be construed as
23	including all officers and firefighters regularly employed in
24	said department, and whose employment shall be regular and
25	continuous and not of a temporary character, provided, however,
26	the secretaries, stenographers and switchboard operators shall
27	not be covered by the provisions of this Act. For the purpose of
28	this Act the term "widow" shall include widower; the term "wife"
29	shall include "husband"; the term "mother" shall include
30	"father"; reference to the masculine pronoun shall include the
31	feminine and vice versa; the term "issue" shall include a
32	member's natural and adopted children as well as children in
33	gestation; and the terms "legal guardian" or "guardians of said
34	issue" shall include a court-appointed guardian of the property
35	of said issue or a trustee of a trust of which said issue is a
36	beneficiary. Further provided that members who are DROP
37	participants will no longer be participants in this fund, nor
38	eligible for any benefits hereunder.
39	Section 2.  Section 9 of chapter 23444, Laws of Florida,
40	1945, as amended by City of Orlando Ordinance 0801141004,
41	enacted January 1, 2008, is amended to read:
42	Section 9.  Permanent disability pension; in line of duty.
43	Any active member of the fire department who shall become
44	permanently and totally disabled, if the disability is directly
45	caused by and attributable to the performance of duty as a
46	member of the department, shall be entitled to a pension of a
47	monthly sum of 80 percent of the member's average monthly
48	salary; provided, however, a member who has completed 40 years
49	of credited service shall be entitled to receive an additional 2
50	percent over the 80 percent for each year of credited service in
51	excess of 40 years of credited service but not to exceed 100
52	percent money equivalent to that sum of money which said member,
53	whether or not properly qualified, would have been entitled to
54	elect as a monthly pension for twenty-five (25) years of service
55	under amended Section 12 of this act. The phrase "permanently
56	and totally disabled" shall be construed to mean and include the
57	loss of one or more limbs, loss of sight in one or both eyes,
58	loss of hearing in one or both ears and any other condition
59	which renders the member unfit to perform the required duties of
60	the member's rank held at the time of impairment. Upon the death
61	of the member on said disability pension provided in this
62	section, benefits shall be paid as follows:
63	(1)  If a member has not elected and started receipt of the
64	Section 34(1)(a) life with ten (10) years certain form of
65	payment, or the Section 34(1)(b) life only form of payment, or
66	the Section 34(1)(c) joint pensioner form of payment, benefits
67	shall be paid pursuant to Section 14, "Benefits Payable Upon
68	Death of Member", to the surviving spouse and issues under the
69	age of eighteen (18), or dependent parents, and Section 35, "10
70	Year Certain Guarantee", if applicable.
71	(2)  If a member has elected and started receipt of the
72	Section 34(1)(a) life with ten (10) years certain form of
73	payment and the member has not received 120 monthly payments,
74	then benefits otherwise payable to the member shall be paid
75	pursuant to Section 32, "Beneficiaries", for the remainder of
76	the 120 monthly payments beginning on the first day of the month
77	immediately following the member's death regardless of the age
78	of the deceased member. If the firefighter makes this election,
79	no benefits shall be paid pursuant to Section 14(5)(b) or
80	Section 14(5)(d) to the surviving spouse, issue in being under
81	the age of eighteen (18), or dependent parents. Provided
82	however, the firefighter may designate as beneficiaries the
83	surviving spouse, issue in being under the age of eighteen (18),
84	or dependent parents to receive the remainder of the 120 monthly
85	payments.
86	(3)  If a member has elected and started receipt of the
87	Section 34(1)(b) life only form of payment, no further payments
88	shall be made upon the death of the member.
89	(4)  If a member has elected and started receipt of the
90	Section 34(1)(c) joint pensioner form of payment, benefits shall
91	be paid as provided therein.
92
93	Notwithstanding anything that may be to the contrary in this
94	act, at age forty-seven (47), a member then receiving benefits
95	under this section may make the election provided in Section
96	12(1) or Section 12(2) as the case may be and Section 18, all of
97	this act (Laws of Fla. ch. 23444(1945), as amended) in the
98	manner therein specified, provided he is qualified by length of
99	service prior to the disability and provided he makes the
100	election within the thirty-day period after reaching age forty-
101	seven (47). If the election is exercised in favor of the
102	pension, the pension shall be based only on service and salary
103	earned prior to the date of disability. If the election is
104	exercised, all of the member's rights and the rights of the
105	member's surviving spouse and issue, and dependent parents under
106	Section 14 shall cease.
107	Section 3.  Subsection (2) is added to section 19 of
108	chapter 23444, Laws of Florida, 1945, as amended by chapter
109	2000-448, Laws of Florida, to read:
110	Section 19.  Cost of living increase.
111	(2)  Those persons who are eligible to receive monthly
112	retirement benefits upon the death of a firefighter who was
113	eligible for cost of living increases pursuant to chapter 88-
114	518, chapter 89-459, or chapter 2000-448, Laws of Florida, shall
115	upon the death of the firefighter receive the appropriate
116	percentage of the firefighter's monthly retirement benefit,
117	including the percentage of cost of living increases previously
118	awarded, and shall receive future percentage cost of living
119	increases at the same time the deceased firefighter would have
120	received the cost of living increases but for the death of the
121	firefighter. The cost of living increases percentage previously
122	received by the firefighter and the cost of living increases
123	percentage awarded after the firefighter's death shall be
124	applied to such person's monthly retirement benefit.
125	Section 4.  City of Orlando Ordinance 33723, enacted April
126	16, 2001, relating to tax qualification of the plan under the
127	Internal Revenue Code, City of Orlando Ordinance 33874, enacted
128	June 18, 2001, and City of Orlando Ordinance 0801141004, enacted
129	January 1, 2008, relating to minimum benefits and minimum
130	standards required by chapter 99-1, Laws of Florida, are hereby
131	approved, ratified, validated, and confirmed, and shall be
132	considered part of chapter 23444, Laws of Florida, 1945, as
133	amended.
134	Section 5.  This act is only an enabling act and is
135	contingent upon contractual agreement through the collective
136	bargaining process between the City of Orlando and the
137	respective certified bargaining agent for firefighters employed
138	by the City of Orlando.
139	Section 6.  This section shall take effect upon becoming a
140	law; section 1 shall take effect July 1, 2008; section 3 shall
141	be effective retroactive to July 1, 1988; sections 2 and 4 shall
142	be effective retroactive to January 1, 2008; and section 5 shall
143	take effect July 1, 2008.

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