| 1 | A bill to be entitled |
| 2 | An act relating to Firefighters' Relief and Pension Fund |
| 3 | of the City of Pensacola, Escambia County; amending |
| 4 | chapter 21483, Laws of Florida, 1941, as amended; |
| 5 | providing for compliance with applicable internal revenue |
| 6 | code requirements; adding optional forms of benefits; |
| 7 | providing for retirement after 10 years of service; |
| 8 | providing for death benefits for survivors; providing for |
| 9 | protection of benefits from legal process; providing for |
| 10 | rollover distributions; providing for additional benefits |
| 11 | required by law; providing definitions; providing for |
| 12 | maximum pension; providing for plan termination; providing |
| 13 | for forfeitures; providing an effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Subsections (h) through (o) are added to |
| 18 | section 5 of chapter 21483, Laws of Florida, 1941, as amended by |
| 19 | chapter 2000-468, Laws of Florida, to read: |
| 20 | Section 5. Basis for compensation.-The pension of all |
| 21 | persons entitled thereto, as hereinafter specified, shall be |
| 22 | computed upon the basis of their compensation and their years of |
| 23 | service in accordance with the following tables: |
| 24 | (h) Any firefighter who has attained the age of 50 years |
| 25 | and has served as a firefighter for the City of Pensacola for a |
| 26 | period of 10 continuous years, upon application to the board of |
| 27 | trustees of the Firefighters' Relief and Pension Fund, shall be |
| 28 | retired on a pension as provided in Part 1 (Charter and Related |
| 29 | Special Acts), Subpart B (Related Special Acts), Article VI, |
| 30 | Section 5(a) of the Code of the City of Pensacola; provided, |
| 31 | that the amount of such pension shall be reduced by 3 percent |
| 32 | for each year by which the firefighter's age at retirement |
| 33 | precedes the age of 55. The amount of such monthly benefit shall |
| 34 | be reduced to take into account the firefighter's younger age |
| 35 | and the earlier commencement of such benefits. |
| 36 | (i) If after 10 years of service, a firefighter suffers a |
| 37 | total and permanent disability that is not suffered in the line |
| 38 | of duty and the firefighter retires, the firefighter's monthly |
| 39 | benefit shall be the accrued normal retirement benefit, but |
| 40 | shall not be less than 25 percent of the firefighter's average |
| 41 | monthly salary at the time of disability. |
| 42 | (j) The benefit payable to a firefighter who retires from |
| 43 | the service of the city due to total and permanent disability as |
| 44 | a direct result of a disability that occurred in the line of |
| 45 | duty shall be the accrued normal retirement benefit, payable for |
| 46 | 10 years certain and life, but shall not be less than 42 percent |
| 47 | of the firefighter's average monthly salary at the time of |
| 48 | disability. |
| 49 | (k) The amount of monthly retirement income payable to a |
| 50 | firefighter who retires on or after the firefighter's normal |
| 51 | retirement date shall be, at a minimum, an amount equal to the |
| 52 | number of the firefighter's years of credited service multiplied |
| 53 | by 2 percent of the firefighter's average final compensation as |
| 54 | a firefighter. |
| 55 | (l) In the event that a firefighter dies after retirement |
| 56 | but before the firefighter has received retirement benefits for |
| 57 | a period of 10 years, the same monthly benefit will be paid to |
| 58 | the beneficiary or beneficiaries designated by the firefighter |
| 59 | for the balance of such 10-year period, when the firefighter is |
| 60 | not survived by a widow or widower entitled to receive spousal |
| 61 | benefits. Such beneficiary designation must be in writing, |
| 62 | received, and approved by the trustees before the firefighter's |
| 63 | death. |
| 64 | (m) If a firefighter continues in the service of the city |
| 65 | beyond the firefighter's normal retirement date and dies before |
| 66 | the firefighter's date of actual retirement, without either: |
| 67 | (1) Leaving a widow or widower entitled to received |
| 68 | spousal benefits; or |
| 69 | (2) Affirmatively electing to receive an alternate form of |
| 70 | retirement income permissible under the Plan, |
| 71 |
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| 72 | monthly retirement income payments will be made for a period of |
| 73 | 10 years to the beneficiary or beneficiaries designated by the |
| 74 | firefighter as if the firefighter had retired on the date on |
| 75 | which the firefighter's death occurred. Such beneficiary |
| 76 | designation must be in writing, received, and approved by the |
| 77 | trustees before the firefighter's death. |
| 78 | (n)(1) In lieu of the amount and form of retirement income |
| 79 | payable in the event of normal or early retirement as specified |
| 80 | in this section, a firefighter, upon written request to the |
| 81 | board of trustees, before receiving any retirement income or |
| 82 | benefit from the Plan, and subject to the approval of the board |
| 83 | of trustees, may elect to receive a retirement income or benefit |
| 84 | of equivalent actuarial value as calculated under section |
| 85 | 175.162, Florida Statutes, payable in accordance with one of the |
| 86 | following options: |
| 87 | a. A retirement income of a larger monthly amount, payable |
| 88 | to the firefighter for his or her lifetime only. |
| 89 | b. A retirement income of a modified monthly amount, |
| 90 | payable to the firefighter during the joint lifetime of the |
| 91 | firefighter and a joint pensioner designated by the firefighter, |
| 92 | and after the death of either of them, 100 percent, 75 percent, |
| 93 | 66 and 2/3 percent, or 50 percent of such monthly amounts |
| 94 | payable to the survivor for the lifetime of the survivor. |
| 95 | c. Such other amount and form of retirement payment or |
| 96 | benefits as, in the opinion of the board of trustees, will best |
| 97 | meet the circumstances of the retirement of the firefighter. |
| 98 | 1. The firefighter upon electing any option under this |
| 99 | section will designate the joint pensioner or beneficiary or |
| 100 | beneficiaries to receive the benefit, if any, payable under the |
| 101 | Plan in the event of his or her death, and will have the power |
| 102 | to change such designation from time to time, but any such |
| 103 | change shall be deemed a new election and will be subject to |
| 104 | approval by the board of trustees. Such designation will name a |
| 105 | joint pensioner or one or more primary beneficiaries where |
| 106 | applicable. If a firefighter has elected an option with a joint |
| 107 | pensioner or beneficiary and his or her retirement income |
| 108 | benefits have commenced, the firefighter may thereafter change |
| 109 | the designated joint pensioner or beneficiary, but only if the |
| 110 | board of trustees consents to such change and if the joint |
| 111 | pensioner last previously designated by the firefighter is alive |
| 112 | when the firefighter files with the board of trustees a request |
| 113 | for such change. |
| 114 | 2. The consent of a firefighter's joint pensioner or |
| 115 | beneficiary to any such change shall not be required. |
| 116 | 3. The board of trustees may request such evidence of the |
| 117 | good health of the joint pensioner that is being removed as it |
| 118 | may require and the amount of the retirement income payable to |
| 119 | the firefighter upon designation of a new joint pensioner shall |
| 120 | be actuarially redetermined, taking into account the age and sex |
| 121 | of the former joint pensioner, the new joint pensioner, and the |
| 122 | firefighter. Each such designation will be made in writing on a |
| 123 | form prepared by the board of trustees and on completion will be |
| 124 | filed with the board of trustees. In the event that no |
| 125 | designated beneficiary survives the firefighter, such benefits |
| 126 | as are payable in the event of the death of the firefighter |
| 127 | subsequent to his or her retirement shall be paid as provided in |
| 128 | subsection (o). |
| 129 | (2) Retirement income payments made under the option |
| 130 | elected in accordance with the provisions of this section shall |
| 131 | be subject to the following limitations: |
| 132 | a. If a firefighter dies before his or her normal |
| 133 | retirement date or early retirement date, whichever first |
| 134 | occurs, no retirement benefit will be payable under the option |
| 135 | to any person, but the benefits, if any, will be determined |
| 136 | under sections 13 or 14 of the Plan or section 175.201, Florida |
| 137 | Statutes, as the case may be. |
| 138 | b. If the designated beneficiary or beneficiaries or joint |
| 139 | pensioner dies before the firefighter's retirement under the |
| 140 | Plan, the option elected will be canceled automatically and a |
| 141 | retirement income of the normal form and amount will be payable |
| 142 | to the firefighter upon retirement as if the election had not |
| 143 | been made, unless a new election is made in accordance with the |
| 144 | provisions of this section or a new beneficiary is designated by |
| 145 | the firefighter before retirement and within 90 days after the |
| 146 | death of the beneficiary. |
| 147 | c. If both the retired firefighter and the beneficiary or |
| 148 | beneficiaries designated by him or her die before the full |
| 149 | payment has been effected under any option providing for |
| 150 | payments for a period certain and life thereafter, made pursuant |
| 151 | to the provisions of subparagraph (n)(1)c., the board of |
| 152 | trustees may, in its discretion, direct that the actuarial |
| 153 | equivalent value of the remaining payments be paid in a lump sum |
| 154 | and in accordance with subsection (o). |
| 155 | d. If a firefighter continues beyond his or her normal |
| 156 | retirement date and dies before actual retirement and while an |
| 157 | option made pursuant to the provisions of this section is in |
| 158 | effect, monthly retirement income payments will be made, or a |
| 159 | retirement benefit will be paid, under the option to a |
| 160 | beneficiary or beneficiaries designated by the firefighter in |
| 161 | the amount or amounts computed as if the firefighter had retired |
| 162 | under the option on the date on which the death occurred. |
| 163 | (3) No firefighter may make any change in his or her |
| 164 | retirement option after the date of cashing or depositing the |
| 165 | first retirement check. |
| 166 | (o)(1) Each firefighter may, on a form provided for that |
| 167 | purpose, signed and filed with the board of trustees, designate |
| 168 | a choice of one or more persons, named sequentially or jointly, |
| 169 | as his or her beneficiary or beneficiaries to receive the |
| 170 | benefit, if any, which may be payable in the event of his or her |
| 171 | death; and each designation may be revoked by such firefighter |
| 172 | by signing and filing with the board of trustees a new |
| 173 | designation-of-beneficiary form. A firefighter may change his or |
| 174 | her beneficiary at any time. |
| 175 | (2) If no beneficiary is named in the manner provided by |
| 176 | paragraph (1), or if no beneficiary designated by the |
| 177 | firefighter survives him or her, the death benefit, if any, |
| 178 | which may be payable under the Plan with respect to such |
| 179 | deceased firefighter shall be paid by the board of trustees to |
| 180 | the estate of such deceased firefighter, provided that the board |
| 181 | of trustees, in its discretion, may direct that the actuarial |
| 182 | equivalent value of the remaining monthly income payments be |
| 183 | paid in a lump sum. Any payment made to any person pursuant to |
| 184 | this section shall operate as a complete discharge of all |
| 185 | obligations under the Plan with regard to the deceased |
| 186 | firefighter and any other persons with rights under the Plan and |
| 187 | shall not be subject to review by anyone but shall be final, |
| 188 | binding, and conclusive on all persons ever interested |
| 189 | hereunder. |
| 190 | (3) If a firefighter has elected an option with a joint |
| 191 | pensioner and retirement income benefits have commenced, the |
| 192 | firefighter may transfer, change the designated beneficiary at |
| 193 | any time, but may only change the joint pensioner twice. |
| 194 | Section 2. Section 8 of chapter 21483, Laws of Florida, |
| 195 | 1941, as amended by chapter 2000-468, Laws of Florida, is |
| 196 | amended to read: |
| 197 | Section 8. Automatic retirement.- |
| 198 | (a) Automatic retirement.-Any firefighter subject to the |
| 199 | provisions of this act attaining the age of 70 seventy (70) |
| 200 | years shall be automatically retired and shall cease to draw his |
| 201 | or her compensation as such employee, but shall become |
| 202 | immediately entitled to the pension or benefits provided hereby. |
| 203 | In the event of doubt as to the attainment of such age, the |
| 204 | Civil Service Board shall make inquiry and determine such fact |
| 205 | after due notice to interested parties; provided that the |
| 206 | provisions of this section shall not become operative until |
| 207 | January 1, 1960, the former law remaining in effect until such |
| 208 | date. |
| 209 | (b) Required minimum distributions.-Notwithstanding |
| 210 | anything in the Firefighters' Relief and Pension Fund to the |
| 211 | contrary, all distributions under the Firefighters' Relief and |
| 212 | Pension Fund shall comply with section 401(a)(9) of the Code and |
| 213 | the Regulations thereunder, as prescribed by the Commissioner in |
| 214 | Revenue Rulings, Notices, and other guidance published in the |
| 215 | Internal Revenue Bulletin, to the extent that said provisions |
| 216 | apply to governmental plans under section 414(d) of the Code, |
| 217 | and shall be made in accordance with the following requirements: |
| 218 | (1) Time and manner of distribution.- |
| 219 | a. Required beginning date.-The firefighter's entire |
| 220 | interest will be distributed, or begin to be distributed, to the |
| 221 | firefighter no later than the firefighter's required beginning |
| 222 | date. |
| 223 | b. Death of firefighter before distributions begin.-If the |
| 224 | firefighter dies before distributions begin, the firefighter's |
| 225 | entire interest will be distributed, or begin to be distributed, |
| 226 | no later than as follows: |
| 227 | 1. If the firefighter's surviving spouse is the |
| 228 | firefighter's sole designated beneficiary, distributions to the |
| 229 | surviving spouse will begin by December 31 of the calendar year |
| 230 | immediately after the calendar year in which the firefighter |
| 231 | died, or by December 31 of the calendar year in which the |
| 232 | firefighter would have attained age 70 years and 6 months, if |
| 233 | later. |
| 234 | 2. If the firefighter's surviving spouse is not the |
| 235 | firefighter's sole designated beneficiary, then distributions to |
| 236 | the designated beneficiary will begin by December 31 of the |
| 237 | calendar year immediately after the calendar year in which the |
| 238 | firefighter died. |
| 239 | 3. If there is no designated beneficiary as of September |
| 240 | 30 of the year after the year of the firefighter's death, the |
| 241 | firefighter's entire interest will be distributed by December 31 |
| 242 | of the calendar year containing the 5th anniversary of the |
| 243 | firefighter's death. |
| 244 | 4. If the firefighter's surviving spouse is the |
| 245 | firefighter's sole designated beneficiary and the surviving |
| 246 | spouse dies after the firefighter but before distributions to |
| 247 | the surviving spouse begin, this subparagraph, other than sub- |
| 248 | sub-subparagraph 1., will apply as if the surviving spouse were |
| 249 | the firefighter. |
| 250 |
|
| 251 | For purposes of this subparagraph and paragraph (4), |
| 252 | distributions are considered to begin on the firefighter's |
| 253 | required beginning date or, if sub-subparagraph 4. applies, the |
| 254 | date distributions are required to begin to the surviving spouse |
| 255 | under sub-subparagraph 1. If annuity payments irrevocably |
| 256 | commence to the firefighter before the firefighter's required |
| 257 | beginning date or to the firefighter's surviving spouse before |
| 258 | the date distributions are required to begin to the surviving |
| 259 | spouse under sub-subparagraph 1., the date distributions are |
| 260 | considered to begin is the date distributions actually commence. |
| 261 | (2) Form of distribution.-Unless the firefighter's |
| 262 | interest is distributed in the form of an annuity purchased from |
| 263 | an insurance company or in a single sum on or before the |
| 264 | required beginning date, as of the first distribution calendar |
| 265 | year, distributions will be made in accordance with this |
| 266 | paragraph and paragraphs (4) and (5). If the firefighter's |
| 267 | interest is distributed in the form of an annuity purchased from |
| 268 | an insurance company, distributions thereunder will be made in |
| 269 | accordance with the requirements of section 401(a)(9) of the |
| 270 | Code. |
| 271 | (3) Determination of amount to be distributed each year.- |
| 272 | a. General annuity requirements.-If the interest is paid |
| 273 | in the form of annuity distributions under the Firefighters' |
| 274 | Relief and Pension Fund, payments under the annuity will satisfy |
| 275 | the following requirements: |
| 276 | 1. The annuity distributions will be paid in periodic |
| 277 | payments made at intervals not longer than 1 year; |
| 278 | 2. The distribution period will be over a life (or lives) |
| 279 | or over a period certain not longer than the period described in |
| 280 | paragraph (4) or paragraph (5); |
| 281 | 3. Once payments have begun over a period certain, the |
| 282 | period certain will not be changed even if the period certain is |
| 283 | shorter than the maximum permitted; and |
| 284 | 4. Payments will either be nonincreasing or increase only |
| 285 | as follows: |
| 286 | (A) By an annual percentage increase that does not exceed |
| 287 | the annual percentage increase in a cost-of-living index that is |
| 288 | based on prices of all items and issued by the Bureau of Labor |
| 289 | Statistics; |
| 290 | (B) To the extent of the reduction in the amount of the |
| 291 | firefighter's payments to provide for a survivor benefit upon |
| 292 | death, but only if the beneficiary whose life was being used to |
| 293 | determine the distribution period described in paragraph (5) |
| 294 | dies or is no longer the firefighter's beneficiary pursuant to a |
| 295 | qualified domestic relations order within the meaning of section |
| 296 | 414(p) of the Code; |
| 297 | (C) To provide cash refunds of firefighter contributions |
| 298 | upon the firefighter's death; or |
| 299 | (D) To pay increased benefits that result from a |
| 300 | Firefighters' Relief and Pension Fund amendment. |
| 301 | b. Amount required to be distributed by required beginning |
| 302 | date.-The amount that must be distributed on or before the |
| 303 | firefighter's required beginning date or, if the firefighter |
| 304 | dies before distributions begin, the date distributions are |
| 305 | required to begin under sub-subparagraph (1)b.1. or sub- |
| 306 | subparagraph (1)(b)4. is the payment that is required for one |
| 307 | payment interval. The second payment need not be made until the |
| 308 | end of the next payment interval even if that payment interval |
| 309 | ends in the next calendar year. Payment intervals are the |
| 310 | periods for which payments are received, e.g., bi-monthly, |
| 311 | monthly, semi-annually, or annually. All of the firefighter's |
| 312 | benefit accruals as of the last day of the first distribution |
| 313 | calendar year will be included in the calculation of the amount |
| 314 | of the annuity payments for payment intervals ending on or after |
| 315 | the firefighter's required beginning date. |
| 316 | c. Additional accruals after first distribution calendar |
| 317 | year.-Any additional benefits accruing to the firefighter in a |
| 318 | calendar year after the first distribution calendar year will be |
| 319 | distributed beginning with the first payment interval ending in |
| 320 | the calendar year immediately after the calendar year in which |
| 321 | such amount accrues. |
| 322 | (4) Requirements for annuity distributions that commence |
| 323 | during the firefighter's lifetime.- |
| 324 | a. Joint life annuities where the beneficiary is not the |
| 325 | firefighter's spouse.-If the firefighter's interest is being |
| 326 | distributed in the form of a joint and survivor annuity for the |
| 327 | joint lives of the firefighter and a nonspouse beneficiary, |
| 328 | annuity payments to be made on or after the firefighter's |
| 329 | required beginning date to the designated beneficiary after the |
| 330 | firefighter's death and must not at any time exceed the |
| 331 | applicable percentage of the annuity payment for such period |
| 332 | that would have been payable to the firefighter using the table |
| 333 | set forth in Q&A-2 of section 1.401(a)(9)-6T of the Regulations. |
| 334 | If the form of distribution combines a joint and survivor |
| 335 | annuity for the joint lives of the firefighter and a nonspouse |
| 336 | beneficiary and a period certain annuity, the requirement in the |
| 337 | preceding sentence will apply to annuity payments to be made to |
| 338 | the designated beneficiary after the expiration of the period |
| 339 | certain. |
| 340 | b. Period certain annuities.-Unless the firefighter's |
| 341 | spouse is the sole designated beneficiary and the form of |
| 342 | distribution is a period certain and no life annuity, the period |
| 343 | certain for an annuity distribution commencing during the |
| 344 | firefighter's lifetime may not exceed the applicable |
| 345 | distribution period for the firefighter under the Uniform |
| 346 | Lifetime Table set forth in section 1.401(a)(9)-9 of the |
| 347 | Regulations for the calendar year that contains the annuity |
| 348 | starting date. If the annuity starting date precedes the year in |
| 349 | which the firefighter reaches age 70, the applicable |
| 350 | distribution period for the firefighter is the distribution |
| 351 | period for age 70 under the Uniform Lifetime Table set forth in |
| 352 | section 1.401(a)(9)-9 of the Regulations plus the excess of 70 |
| 353 | over the age of the firefighter as of the firefighter's birthday |
| 354 | in the year that contains the annuity starting date. If the |
| 355 | firefighter's spouse is the firefighter's sole designated |
| 356 | beneficiary and the form of distribution is a period certain and |
| 357 | no life annuity, the period certain may not exceed the longer of |
| 358 | the firefighter's applicable distribution period, as determined |
| 359 | under this subsection, or the joint life and last survivor |
| 360 | expectancy of the firefighter and the firefighter's spouse as |
| 361 | determined under the Joint and Last Survivor Table set forth in |
| 362 | section 1.401(a)(9)-9 of the Regulations, using the |
| 363 | firefighter's and spouse's attained ages as of the firefighter's |
| 364 | and spouse's birthdays in the calendar year that contains the |
| 365 | annuity starting date. |
| 366 | (5) Requirements for minimum distributions where the |
| 367 | firefighter dies before date distributions begin.- |
| 368 | a. A firefighter survived by the designated beneficiary.- |
| 369 | Except as provided in the Firefighters' Relief and Pension Fund, |
| 370 | if the firefighter dies before the date distribution of his or |
| 371 | her interest begins and there is a designated beneficiary, the |
| 372 | firefighter's entire interest will be distributed, beginning no |
| 373 | later than the time described in sub-subparagraph (1)b.1. or |
| 374 | sub-subparagraph (1)b.2., over the life of the designated |
| 375 | beneficiary or over a period certain not exceeding: |
| 376 | 1. Unless the annuity starting date is before the first |
| 377 | distribution calendar year, the life expectancy of the |
| 378 | designated beneficiary determined using the beneficiary's age as |
| 379 | of the beneficiary's birthday in the calendar year immediately |
| 380 | after the calendar year of the firefighter's death; or |
| 381 | 2. If the annuity starting date is before the first |
| 382 | distribution calendar year, the life expectancy of the |
| 383 | designated beneficiary determined using the beneficiary's age as |
| 384 | of the beneficiary's birthday in the calendar year that contains |
| 385 | the annuity starting date. |
| 386 | b. No designated beneficiary.-If the firefighter dies |
| 387 | before the date distributions begin and there is no designated |
| 388 | beneficiary as of September 30th of the year after the year of |
| 389 | the firefighter's death, distribution of the firefighter's |
| 390 | entire interest will be completed by December 31 of the calendar |
| 391 | year of the 5th anniversary of the firefighter's death. |
| 392 | c. Death of surviving spouse before distributions to |
| 393 | surviving spouse begin.-If the firefighter dies before the date |
| 394 | distribution of his or her interest begins, the firefighter's |
| 395 | surviving spouse is the firefighter's sole designated |
| 396 | beneficiary, and the surviving spouse dies before distributions |
| 397 | to the surviving spouse begin, this subsection will apply as if |
| 398 | the surviving spouse were the firefighter, except that the time |
| 399 | by which distributions must begin will be determined without |
| 400 | regard to sub-subparagraph (1)b.2. |
| 401 | (6) Definitions.-For purposes of this section, the |
| 402 | following definitions shall apply: |
| 403 | a. "Designated beneficiary" means the individual who is |
| 404 | designated as the beneficiary in accordance with the |
| 405 | Firefighters' Relief and Pension Fund and is the designated |
| 406 | beneficiary under section 401(a)(9) of the Code and section |
| 407 | 1.401(a)(9)-1, Q&A-4, of the Regulations. |
| 408 | b. "Distribution calendar year" means a calendar year for |
| 409 | which a minimum distribution is required. For distributions |
| 410 | beginning before the firefighter's death, the first distribution |
| 411 | calendar year is the calendar year immediately before the |
| 412 | calendar year that contains the firefighter's required beginning |
| 413 | date. For distributions beginning after the firefighter's death, |
| 414 | the first distribution calendar year is the calendar year in |
| 415 | which distributions are required to begin pursuant to paragraph |
| 416 | (1). |
| 417 | c. "Life expectancy" means as computed by use of the |
| 418 | Single Life Table in section 1.401(a)(9)-9 of the Treasury |
| 419 | regulations. |
| 420 | d. "Required beginning date" means April 1 of the calendar |
| 421 | year after the later of: |
| 422 | 1. The calendar year in which the firefighter attains age |
| 423 | 70 years and 6 months; or |
| 424 | 2. The calendar year in which the firefighter retires from |
| 425 | employment with the City of Pensacola. |
| 426 | Section 3. Section 9 is added to of chapter 21483, Laws of |
| 427 | Florida, 1941, as amended by chapter 2000-468, Laws of Florida, |
| 428 | to read: |
| 429 | Section 9. Director of the Fire Department.-The Director |
| 430 | of the Fire Department who is a firefighter shall have the |
| 431 | option to participate, or not, in the Firefighters' Relief and |
| 432 | Pension Fund. The Director of the Fire Department will be deemed |
| 433 | to have elected to participate in the Firefighters' Relief and |
| 434 | Pension Fund unless, within 90 days after appointment to the |
| 435 | Office of Director of the Fire Department, the Director of the |
| 436 | Fire Department notifies the board of trustees and the City of |
| 437 | Pensacola in writing otherwise. |
| 438 | Section 4. Section 10 of chapter 21483, Laws of Florida, |
| 439 | 1941, as amended by chapter 2000-468, Laws of Florida, is |
| 440 | amended to read: |
| 441 | Section 10. Retirement after 10 years' service.-If any |
| 442 | firefighter of the City of Pensacola shall, after serving as |
| 443 | such for a period of 10 full years or becoming otherwise |
| 444 | eligible for retirement, cease to be such firefighter for any |
| 445 | cause and shall not make withdrawal of all his or her |
| 446 | contributions to the Firefighters' Relief and Pension Fund as |
| 447 | provided by law, or having withdrawn the same, shall return it |
| 448 | with 8 percent interest from the date of such withdrawal, he or |
| 449 | she shall be eligible to receive the benefits equal to the |
| 450 | amount provided in section 5(a), multiplied by the number of |
| 451 | years of service; for this purpose only the number of years of |
| 452 | service can be no more than 25 and divided by 25 years upon |
| 453 | attaining the age of 52 years or becoming eligible for |
| 454 | retirement by length of service or otherwise; his or her spouse |
| 455 | and children shall in the event of his or her death be likewise |
| 456 | so entitled. For purposes of the Firefighters' Relief and |
| 457 | Pension Fund, a firefighter that has attained age 52 and |
| 458 | completed 10 full years of service or completed 25 full years of |
| 459 | service will have attained normal retirement age. Each |
| 460 | firefighter's benefit shall become 100 percent vested upon |
| 461 | attaining normal retirement age. |
| 462 | Section 5. Subsection (d) is added to section 13 of |
| 463 | chapter 21483, Laws of Florida, 1941, as amended by chapter |
| 464 | 2000-468, Laws of Florida, to read: |
| 465 | Section 13. Death benefits for survivors.- |
| 466 | (d) Notwithstanding any provisions of the Firefighters' |
| 467 | Relief and Pension Fund to the contrary, a retired firefighter |
| 468 | may change his or her designation of joint annuitant or |
| 469 | beneficiary up to two times, as provided in section 175.333, |
| 470 | Florida Statues, without the approval of the board of trustees |
| 471 | or the current joint annuitant or beneficiary. The retiree is |
| 472 | not required to provide proof of the good health of the joint |
| 473 | annuitant or beneficiary being removed, and the joint annuitant |
| 474 | or beneficiary being removed need not be living. Upon change of |
| 475 | a retiree's joint annuitant or beneficiary in accordance with |
| 476 | this subsection, the amount of the benefit payable to the |
| 477 | retiree shall be actuarially redetermined to take into account |
| 478 | the age and sex of the former annuitant or beneficiary, the new |
| 479 | annuitant or beneficiary and the retiree to ensure that the |
| 480 | benefit paid is the actuarial equivalent of the present value of |
| 481 | the retiree's then-current benefit at the time of the change. |
| 482 | Any such retiree shall pay the actuarial recalculation expenses. |
| 483 | Each request for a change shall be made in writing to the board |
| 484 | of trustees. |
| 485 | Section 6. Section 15 of chapter 21483, Laws of Florida, |
| 486 | 1941, as amended by chapter 2000-468, Laws of Florida, is |
| 487 | amended to read: |
| 488 | Section 15. Benefits to widows or, widowers, and |
| 489 | dependents.-If a widow or widower enjoying a pension under any |
| 490 | of the provisions of this act shall die, her or his pension |
| 491 | shall cease; provided, however, if such death shall occur before |
| 492 | such widow or widower, as the case may be, and the retiree, |
| 493 | collectively, having received retirement benefits for a period |
| 494 | of less than 10 years, the same benefit will be paid to the |
| 495 | beneficiary or beneficiaries designated by the retiree for the |
| 496 | balance of such 10-year period. Such beneficiary designation |
| 497 | must be in writing, received, and approved by the trustees prior |
| 498 | to the retiree's death. The remarriage of a widow or widower |
| 499 | enjoying a pension under any of the provisions of this act shall |
| 500 | not effect or alter such pension and if she or he shall remarry |
| 501 | while enjoying any such pension, then and in the latter event, |
| 502 | her or his pension shall cease and shall not be paid to such |
| 503 | widow or widower; provided, however, in the event the deceased |
| 504 | firefighter shall be survived by one or more legitimate |
| 505 | children under the age of eighteen years at the time the widow |
| 506 | or widower shall remarry, the pension board may, in its |
| 507 | discretion, grant an amount for the support and maintenance of |
| 508 | said child or children until said child or children become |
| 509 | eighteen years of age, not to exceed ten dollars ($10.00) per |
| 510 | month for each child, in no event to exceed the sum of forty |
| 511 | dollars ($40,00) per month for any one family. |
| 512 | Section 7. Section 19 of chapter 21483, Laws of Florida, |
| 513 | 1941, as amended by chapter 2000-468, Laws of Florida, is |
| 514 | amended to read: |
| 515 | Section 19. The right of any firefighter or any |
| 516 | beneficiary to any benefits under the Firefighters' Relief and |
| 517 | Pension Fund or any other right accrued or accruing to any |
| 518 | persons under the provisions of this Plan shall not be subject |
| 519 | to execution, garnishment, attachment, the operation of any |
| 520 | bankruptcy or insolvency law, or any other process of law |
| 521 | whatever, and shall not be subject to assignment, pledge or |
| 522 | hypothecation unless expressly authorized in Firefighters' |
| 523 | Relief and Pension Fund. Protection of benefits from legal |
| 524 | process.-The pensions and other benefits accrued or accruing to |
| 525 | any person under this pension plan and the accumulated |
| 526 | contributions and the cash securities in the funds created under |
| 527 | this plan are exempted from any state, county, or municipal tax |
| 528 | and shall not be subject to execution or attachment or to any |
| 529 | legal process whatsoever, and shall be unassignable. |
| 530 | Section 8. Section 28 of chapter 21483, Laws of Florida, |
| 531 | 1941, as amended by chapter 2000-468, Laws of Florida, is |
| 532 | amended to read: |
| 533 | Section 28. Rollover distributions.-Notwithstanding any |
| 534 | other provision of the Firefighters' Relief and Pension Fund to |
| 535 | the contrary, a "distributee" may elect, at the time and in the |
| 536 | manner prescribed by the board of trustees, to have any portion |
| 537 | or all of an eligible rollover distribution paid directly to an |
| 538 | eligible retirement plan specified by the distributee in a |
| 539 | direct rollover. For purposes of this section, the following |
| 540 | definitions shall apply: |
| 541 | (a) "Distributee" means a firefighter or former |
| 542 | firefighter, the firefighter's surviving spouse, and the |
| 543 | firefighter's spouse or former spouse who is the alternate payee |
| 544 | under a court order, who is entitled to receive a portion of the |
| 545 | firefighter's benefit. Effective for plan years beginning on and |
| 546 | after January 1, 2007, a nonspouse beneficiary may elect to |
| 547 | directly rollover an eligible distribution to an IRA, a Roth |
| 548 | IRA, or an individual retirement annuity under section 408(b) of |
| 549 | the Code that is established on behalf of the designated |
| 550 | beneficiary as an inherited IRA, pursuant to the provisions of |
| 551 | section 402(c)(11) of the Code. In order to be able to roll over |
| 552 | the distribution, the distribution otherwise must satisfy the |
| 553 | definition of eligible rollover distribution. In addition, the |
| 554 | determination of any required minimum distribution under section |
| 555 | 401(a)(9) of the Code that is ineligible for rollover shall be |
| 556 | made in accordance with IRS guidance. |
| 557 | (b) "Eligible retirement plan" means an eligible |
| 558 | retirement plan is an IRA described in section 408(a) of the |
| 559 | Code, an individual retirement annuity described in section |
| 560 | 408(b) of the Code, an annuity plan described in section 403(a) |
| 561 | of the Code, an annuity contract described in section 403(b) of |
| 562 | the Code, an eligible plan under section 457 of the Code that |
| 563 | agrees to separately account for such transferred amounts and |
| 564 | which is maintained by a state, political subdivision of a |
| 565 | state, an agency or instrumentality of a state or political |
| 566 | subdivision of a state, or a qualified trust described in |
| 567 | section 401(a) of the Code that accepts the distributee's |
| 568 | eligible rollover distribution. For distributions made after |
| 569 | December 31, 2007, an eligible retirement plan shall include a |
| 570 | Roth IRA as defined under section 408A of the Code. |
| 571 | (c) "Eligible rollover distribution" means any |
| 572 | distribution of all or any portion of the firefighter's benefit, |
| 573 | except that an eligible rollover distribution does not include |
| 574 | any distribution that is one of a series of substantially equal |
| 575 | periodic payments, at least annually, made for the life or life |
| 576 | expectancy of the distributee or the joint lives or joint life |
| 577 | expectancies of the distributee and the distributee's designated |
| 578 | beneficiary, or for a specified period of 10 years or more; any |
| 579 | distribution to the extent such distribution is required under |
| 580 | section 401(a)(9) of the Code; the portion of any distribution |
| 581 | that is not includible in gross income, determined without |
| 582 | regard to the exclusion for net unrealized appreciation with |
| 583 | respect to employer securities; and any distribution made to |
| 584 | satisfy section 415 of the Code. |
| 585 | (d) "Direct rollover" means a payment by the Firefighters' |
| 586 | Relief and Pension Fund to the eligible retirement plan |
| 587 | specified by the firefighter. |
| 588 | (e) "Mandatory distribution" means a distribution that |
| 589 | constitutes an eligible rollover distribution as defined in |
| 590 | subsection (c) that is made without the firefighter's consent. |
| 591 | See section 12 of the Plan for an example of a potential |
| 592 | mandatory distribution. In the event a mandatory distribution is |
| 593 | greater than $1,000, and a distributee fails to elect to have |
| 594 | such distribution paid directly to an eligible retirement plan |
| 595 | specified by the distributee in a direct rollover or to receive |
| 596 | the distribution directly, then the board of trustees will pay |
| 597 | the distribution in a direct rollover to an individual |
| 598 | retirement account ("IRA") designated by the board of trustees. |
| 599 | Notwithstanding any provision of the Firefighters' Relief and |
| 600 | Pension Fund to the contrary that would otherwise limit a |
| 601 | firefighter's or retired firefighter's election (or such |
| 602 | deceased individual's surviving spouse's election) under this |
| 603 | fund, such firefighter or retired firefighter, or such deceased |
| 604 | individual's surviving spouse, may elect, at the time and in the |
| 605 | manner prescribed by the plan administrator, to have any portion |
| 606 | of an eligible rollover distribution paid directly to an |
| 607 | eligible retirement plan specified by such pensioner in a direct |
| 608 | rollover. |
| 609 | Section 9. Sections 29 through 33 are added to chapter |
| 610 | 21483, Laws of Florida, 1941, as amended by chapter 2000-468, |
| 611 | Laws of Florida, to read: |
| 612 | Section 29. (a) To the extent that the City of Pensacola, |
| 613 | as an employer of firefighters and Firefighters' Relief and |
| 614 | Pension Fund sponsor, may be required by law to provide |
| 615 | additional benefits to firefighters employed by the city, or |
| 616 | their beneficiaries, those additional benefits may be provided |
| 617 | by ordinance. |
| 618 | (b) Notwithstanding any other provision of the fund to the |
| 619 | contrary, contributions, benefits, and service credit with |
| 620 | respect to qualified military service, as defined in section |
| 621 | 414(u) of the Code, shall be provided in accordance with section |
| 622 | 414(u) of the Code, the Uniformed Services Employment and |
| 623 | Reemployment Rights Act of 1994 (USERRA), and the Heroes |
| 624 | Earnings Assistance and Relief Tax Act of 2008 (HEART Act) and |
| 625 | shall be effective as of the dates indicated in the USERRRA and |
| 626 | HEART Act. |
| 627 | (c) A partial lump sum plan (PLOP) that shall have no |
| 628 | material cost to the Firefighters' Relief and Pension Fund or |
| 629 | the city shall be established by ordinance of the city within |
| 630 | 120 days after this act becomes law to be administered by the |
| 631 | board of trustees. |
| 632 | Section 30. Definitions.-The following words and phrases |
| 633 | have the following meanings: |
| 634 | (a) "Accrued benefit" means the monthly benefit payable at |
| 635 | normal retirement age, as determined under the fund's formula. |
| 636 | (b) "Actuarial equivalent" (or any synonymous term) means |
| 637 | equality in value of the aggregate amount expected to be |
| 638 | received. |
| 639 | (c) "Code" means the Internal Revenue Code of 1986, as |
| 640 | amended. |
| 641 | (d) "Compensation," "salary," and "earnings" mean the |
| 642 | wages paid to a firefighter, longevity pay, overtime pay, |
| 643 | station or watch captain pay, special duty pay, in-service sick |
| 644 | leave redemption pay when paid, bonuses, lump-sum payments not |
| 645 | paid at termination, inclusive of employee-elective salary |
| 646 | reductions or deferrals to any salary reduction, deferred |
| 647 | compensation, or tax-sheltered annuity program authorized under |
| 648 | the Internal Revenue Code if the firefighter would receive those |
| 649 | reductions or deferrals if he or she were not participating in |
| 650 | such program, and any other payments required by law to be |
| 651 | included in pension calculations. Compensation for any plan year |
| 652 | shall not exceed the annual compensation limit under section |
| 653 | 401(a)(17) of the Code as in effect on the first day of the plan |
| 654 | year. This limit shall be adjusted by the Secretary of the |
| 655 | Treasury to reflect increases in the cost of living, as provided |
| 656 | in section 401(a)(17)(B) of the Code. However, the dollar |
| 657 | increase in effect on January 1 of any calendar year is |
| 658 | effective for the plan year beginning in such calendar year. If |
| 659 | a plan determines compensation over a plan year that contains |
| 660 | less than 12 months ("short plan year"), the compensation limit |
| 661 | for such short plan year is equal to the compensation limit for |
| 662 | the calendar year in which the short plan year begins multiplied |
| 663 | by the ratio obtained by dividing the number of full months in |
| 664 | the short plan year. |
| 665 | (e) "Deferred Retirement Option Plan" or "DROP" means a |
| 666 | retirement option in which a firefighter may elect to |
| 667 | participate, under which a firefighter may retire for all |
| 668 | purposes of the plan and defer receipt of retirement benefits |
| 669 | into a DROP account while continuing employment with the city. |
| 670 | (f) "Direct rollover" means a payment by the Firefighters' |
| 671 | Relief and Pension Fund to the eligible retirement plan |
| 672 | specified by the firefighter or retired firefighter or such |
| 673 | deceased individual's surviving spouse. |
| 674 | (g) "Eligible retirement plan" means an individual |
| 675 | retirement account described in section 408(a) of the Internal |
| 676 | Revenue Code of 1986, an individual retirement annuity described |
| 677 | in section 408(b) of the Internal Revenue Code of 1986, an |
| 678 | annuity plan described in section 403(a) of the Internal Revenue |
| 679 | Code of 1986, or a qualified trust described in section 401(a) |
| 680 | of the Internal Revenue Code of 1986 that accepts the |
| 681 | firefighter's or retired firefighter's eligible rollover |
| 682 | distribution. However, in the case of an eligible rollover |
| 683 | distribution to the surviving spouse of a deceased firefighter |
| 684 | or deceased retired firefighter, an eligible retirement plan is |
| 685 | an individual retirement account or individual retirement |
| 686 | annuity. |
| 687 | (h) "Eligible rollover distribution" means any |
| 688 | distribution of all or any portion of the balance to the credit |
| 689 | of the firefighter or retired firefighter, except that an |
| 690 | eligible rollover distribution does not include any distribution |
| 691 | that is one of a series of substantially equal periodic payments |
| 692 | paid not less frequently than annually, made for the life or |
| 693 | life expectancy of the firefighter or retired firefighter or the |
| 694 | joint lives or joint life expectancies of the firefighter or |
| 695 | retired firefighter and such individual's designated |
| 696 | beneficiary, or for a specified period of 10 years or more; any |
| 697 | distribution to the extent such distribution is required under |
| 698 | section 401(a)(9) of the Internal Revenue Code of 1986; and the |
| 699 | portion of any distribution that is not includable in gross |
| 700 | income. |
| 701 | (i) "Enrolled actuary" means an actuary who is enrolled |
| 702 | under Subtitle C of Title III of the Employee Retirement Income |
| 703 | Security Act of 1974 and who is a member of the Society of |
| 704 | Actuaries or the American Academy of Actuaries. |
| 705 | (j) "Firefighter" means any person employed by the City of |
| 706 | Pensacola Fire Department who is certified as a firefighter as a |
| 707 | condition of employment in accordance with the provisions of |
| 708 | section 633.35, Florida Statutes, and whose duty it is to |
| 709 | extinguish fires, to protect life, or to protect property. |
| 710 | (k) "Limitation year" means the plan year. |
| 711 | (l) "Plan" means the Firefighters' Relief and Pension |
| 712 | Fund. |
| 713 | (m) "Plan year" means the 12-month period ending on |
| 714 | September 30. |
| 715 | (n) "Retiree" or "retired firefighter" means a firefighter |
| 716 | who has entered retirement status. A firefighter who enters a |
| 717 | DROP created by the City of Pensacola for firefighters shall be |
| 718 | considered a retiree for all purposes of the Firefighters' |
| 719 | Relief and Pension Fund. |
| 720 | (o) "Retirement" means a firefighter's separation from |
| 721 | city employment as a firefighter with the immediate eligibility |
| 722 | for receipt of benefits under the Firefighters' Relief and |
| 723 | Pension Fund, including entry into a Deferred Retirement Option |
| 724 | Plan. |
| 725 | (p) "Years of service" means the aggregate number of years |
| 726 | of service and fractional parts of a year of service, omitting |
| 727 | intervention years and fractional parts of years when a |
| 728 | firefighter may not have been employed by the city as a |
| 729 | firefighter. |
| 730 | Section 31. Maximum pension.-The benefits otherwise |
| 731 | payable to a firefighter or a beneficiary under the |
| 732 | Firefighters' Relief and Pension Fund, and, where relevant, the |
| 733 | benefits of a firefighter, shall be limited to the extent |
| 734 | required by the provisions of section 415 of the Code. To the |
| 735 | extent applicable, the provisions of section 415 of the Code are |
| 736 | incorporated by reference into the Firefighters' Relief and |
| 737 | Pension Fund. For this purpose, the limitation year is set |
| 738 | forth in subsection 30(k). |
| 739 | Section 32. Plan termination.-Upon termination of the |
| 740 | Firefighters' Relief and Pension Fund for any reason, or upon |
| 741 | written notice to the board of trustees that contributions |
| 742 | thereunder are being permanently discontinued, the rights of all |
| 743 | firefighters to benefits accrued to the date of such termination |
| 744 | and the amounts credited to a firefighter's account, if |
| 745 | applicable, are vested. Upon termination, the Firefighters' |
| 746 | Relief and Pension Fund shall be distributed in accordance with |
| 747 | the following procedures: |
| 748 | (a) The board of trustees shall determine the date of |
| 749 | distribution and the asset value required to Firefighters' |
| 750 | Relief and Pension Fund all the vested benefits after taking |
| 751 | into account the expenses of such distribution. The board shall |
| 752 | inform the City of Pensacola if additional assets are required, |
| 753 | in which event the City of Pensacola shall continue to |
| 754 | financially support the Firefighters' Relief and Pension Fund |
| 755 | until all vested benefits have been funded. |
| 756 | (b) The board of trustees shall determine the method of |
| 757 | distribution of the asset value, whether distribution shall be |
| 758 | by payment in cash, by the maintenance of another or substituted |
| 759 | trust fund, by the purchase of insured annuities, or otherwise, |
| 760 | for each firefighter entitled to benefits under the |
| 761 | Firefighters' Relief and Pension Fund as specified in subsection |
| 762 | (c). |
| 763 | (c) The board of trustees shall distribute the asset value |
| 764 | as of the date of termination in the manner set forth in this |
| 765 | subsection, on the basis that the amount required to provide any |
| 766 | given retirement income is the actuarially equivalent single sum |
| 767 | value of such retirement income, except that if the method of |
| 768 | distribution determined under subsection (b) involves the |
| 769 | purchase of an insured annuity, the amount required to provide |
| 770 | the given retirement income is the single premium payable for |
| 771 | such annuity. The actuarial equivalent single sum value may not |
| 772 | be less than the firefighter's accumulated contributions to the |
| 773 | Firefighters' Relief and Pension Fund, with interest if provided |
| 774 | by the Firefighters' Relief and Pension Fund, less the value of |
| 775 | any benefits previously paid to the firefighter from the |
| 776 | Firefighters' Relief and Pension Fund. |
| 777 | (d) If there is asset value remaining after the full |
| 778 | distribution specified in subsection (c), and after the payment |
| 779 | of any expenses incurred with such distribution, such excess |
| 780 | shall be returned to the City of Pensacola, less return to the |
| 781 | state of the state's contributions, provided that, if the excess |
| 782 | is less than the total contributions made by the City of |
| 783 | Pensacola and the state to date of termination of the |
| 784 | Firefighters' Relief and Pension Fund, such excess shall be |
| 785 | divided proportionately to the total contributions made by the |
| 786 | City of Pensacola and the state. |
| 787 | (e) The board of trustees shall distribute, in accordance |
| 788 | with subsection (b), the amounts determined under subsection |
| 789 | (c). |
| 790 |
|
| 791 | If, 24 months after the date the Firefighters' Relief and |
| 792 | Pension Fund terminated or the date the board received written |
| 793 | notice that the contributions thereunder were being permanently |
| 794 | discontinued, the City of Pensacola or the board of trustees of |
| 795 | the Firefighters' Relief and Pension Fund has not complied with |
| 796 | all the provisions in this section, the Department of Management |
| 797 | Services shall effect the termination of the Firefighters' |
| 798 | Relief and Pension Fund in accordance with section 175.361, |
| 799 | Florida Statutes. |
| 800 | Section 33. Forfeitures.- |
| 801 | (a) A firefighter or such firefighter's beneficiary shall |
| 802 | forfeit all benefits provided by the Firefighters' Relief and |
| 803 | Pension Fund to the extent provided by the Florida State |
| 804 | Constitution or general law. |
| 805 | (b) Forfeitures arising from any cause whatsoever under |
| 806 | the Firefighters' Relief and Pension Fund shall not be applied |
| 807 | to increase the benefits to any firefighter would otherwise |
| 808 | receive under the Firefighters' Relief and Pension Fund at any |
| 809 | time before the termination of the Firefighters' Relief and |
| 810 | Pension Fund or the complete discontinuance of contributions |
| 811 | hereunder. Forfeitures shall be applied to reduce the |
| 812 | contributions under the Firefighters' Relief and Pension Fund in |
| 813 | the current or subsequent years by the City of Pensacola. |
| 814 | Section 10. This act shall take effect upon becoming a |
| 815 | law. |