1 | A bill to be entitled |
2 | An act relating to the City Pension Fund for Firefighters |
3 | and Police Officers in the City of Tampa, Hillsborough |
4 | County; authorizing the City of Tampa to enter into a |
5 | supplemental contract with certain firefighters and police |
6 | officers to comply with chapter 2009-97, Laws of Florida; |
7 | revising the manner in which elective trustees are |
8 | elected; increasing the maximum length of time prior to |
9 | term commencement in which to conduct trustee elections; |
10 | allowing the board to retain the services of more than one |
11 | nationally recognized professional investment counselor; |
12 | increasing the investment cap on foreign securities; |
13 | providing that the investment cap on foreign securities is |
14 | measured on a market value basis and may not be revised, |
15 | amended, increased, or repealed except as provided by |
16 | general law; allowing retired members to elect to receive |
17 | a reduced retirement benefit in order to provide a |
18 | surviving spouse benefit under certain circumstances; |
19 | allowing members to purchase up to an additional 5 years |
20 | of credited service based upon prior service as a full- |
21 | time certified firefighter or certified police officer or |
22 | for military service in the Armed Forces of the United |
23 | States subject to certain conditions; allowing DROP |
24 | participants upon entering DROP and annually thereafter to |
25 | elect an option for accruing annual interest at a low-risk |
26 | variable rate selected annually by the board of trustees, |
27 | in its sole discretion, in lieu of a rate reflecting the |
28 | fund's net investment performance, as determined by the |
29 | board of trustees; prohibiting members from selecting |
30 | certain pension contract changes and rejecting others; |
31 | confirming in part the City of Tampa Firefighters and |
32 | Police Officers Pension Contract; providing for |
33 | severability; providing an effective date. |
34 |
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35 | Be It Enacted by the Legislature of the State of Florida: |
36 |
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37 | Section 1. The City of Tampa is authorized and empowered |
38 | to enter into a supplemental contract with each firefighter or |
39 | police officer who was an active member of the City Pension Fund |
40 | for Firefighters and Police Officers in the City of Tampa on or |
41 | after the date this act becomes a law, or each firefighter or |
42 | police officer who hereafter enters into a pension contract with |
43 | the City, to comply with chapter 2009-97, Laws of Florida. |
44 | Section 2. Section 5(C), Section 6, Section 9(C), Section |
45 | 17, and Section 26(D) of the City of Tampa Firefighters and |
46 | Police Officers Pension Contract as prescribed by Section 28-17 |
47 | of the City of Tampa Code [Ordinance No. 4746-A, enacted |
48 | September 30, 1969], as amended by Section 28-19 of the City of |
49 | Tampa Code [Ordinance No. 6038-A, enacted September 17, 1974], |
50 | pursuant to chapter 74-613, Laws of Florida, as further amended |
51 | by Ordinance No. 89-314, enacted December 21, 1989, and |
52 | approved, ratified, validated, and confirmed by chapter 90-391, |
53 | Laws of Florida, as further amended by chapter 92-231, Laws of |
54 | Florida, chapter 94-463, Laws of Florida, chapter 98-515, Laws |
55 | of Florida, chapter 2000-485, Laws of Florida, Ordinance No. |
56 | 2001-133, enacted July 3, 2001, chapter 2001-288, Laws of |
57 | Florida, chapter 2002-369, Laws of Florida, Ordinance No. 2003- |
58 | 22, enacted January 23, 2003, chapter 2004-427, Laws of Florida, |
59 | and chapter 2007-304, Laws of Florida, are amended to read: |
60 | SECTION 5. The general administration and responsibility |
61 | for the proper operation of the pension system and for making |
62 | effective the provisions of this Act are hereby vested in a |
63 | board consisting of nine persons, as follows: |
64 | (1) Three members of the City Administration other than |
65 | firefighters or police officers to be appointed as hereinafter |
66 | provided; |
67 | (2) Three members of the Fire Department to be elected as |
68 | hereinafter provided; and |
69 | (3) Three members of the Police Department to be elected |
70 | as hereinafter provided. |
71 | (C) The elective trustees shall be elected in the following |
72 | manner, to wit: by per capita vote of all members of each of said |
73 | respective departments who come within the purview of this Act, |
74 | both active and retired, at elections meetings to be held at |
75 | places designated by the Board, at which elections meetings all |
76 | qualified members entitled to vote shall be notified in person or |
77 | by mail ten days in advance of said election meeting. The |
78 | candidate receiving the majority of votes for each office shall |
79 | be declared elected and shall take office immediately upon |
80 | commencement of the term of office for which elected or as soon |
81 | thereafter as he shall qualify therefor. An election shall be |
82 | held each year not more than sixty (60) thirty (30) and not less |
83 | than ten (10) days prior to the commencement of the terms for |
84 | which trustees are to be elected in that year. The Board of |
85 | Trustees shall meet, organize, and elect one trustee as chairman, |
86 | one trustee as vice chairman, and one trustee as secretary within |
87 | ten days after any trustees are elected and duly qualified. |
88 | SECTION 6. Money shall be withdrawn from the Pension Fund |
89 | created by this Act only upon warrants executed by a majority of |
90 | the Board of Trustees. Monies needed for the meeting of the |
91 | current obligations of said fund may be deposited in a |
92 | depository recognized by law for the deposit of funds of the |
93 | State of Florida and upon the posting of similar security for |
94 | that required for state deposits. The Board shall have exclusive |
95 | charge of the investment of any surplus in said fund not needed |
96 | for the current obligations thereof; and said funds shall be |
97 | managed by said Board and shall be invested by said Board in |
98 | accordance with the following: |
99 | (1) That the Board shall retain the services of one or more |
100 | a nationally recognized professional investment counselors |
101 | counsel. |
102 | (2) That not less than once every six (6) months a written |
103 | opinion shall be obtained from the investment counselor or |
104 | counselors counsel as to the overall condition and composition of |
105 | the investment portfolio. |
106 | (3) That the portfolio, representing the principal or |
107 | surplus funds of the Pension Fund may be invested in the |
108 | following securities or other property, real or personal, |
109 | including, but without being limited to, bonds, notes, or other |
110 | evidences of indebtedness issued, or assumed or guaranteed in |
111 | whole or in part by the United States or any of its agencies or |
112 | instrumentalities; or by any foreign government or political |
113 | subdivisions or agencies thereof; or by the State of Florida, or |
114 | by any county, city, school district, municipal corporation, or |
115 | other political subdivision of the State of Florida, both general |
116 | and revenue obligations; in mortgages and other interests in |
117 | realty; or in such corporation bonds, notes, or other evidences |
118 | of indebtedness, and corporation stocks including common and |
119 | preferred stocks, of any corporation created or existing under |
120 | the laws of the United States or any of the states of the United |
121 | States, or of any foreign government or political subdivisions or |
122 | agencies thereof, provided that in making each and all of such |
123 | investments the Board of Trustees shall exercise the judgment and |
124 | care under the circumstances then prevailing which men of |
125 | ordinary prudence, discretion, and intelligence exercise in the |
126 | management of their own affairs, not in regard to speculation but |
127 | in regard to the permanent disposition of their funds, |
128 | considering the probable income therefrom as well as probable |
129 | safety of their capital; provided, however, that not more than |
130 | sixty-five per centum (65%) of said fund, based on the total book |
131 | value of all investments held, shall be invested at any given |
132 | time in common stocks, and that not more than five per centum |
133 | (5%) of said fund shall be invested at any given time in |
134 | preferred and common, or either, stock of any one corporation |
135 | and its affiliates and that not more than twenty-five per centum |
136 | (25%) ten per centum (10%) of said fund, based on the total market |
137 | book value of all investments held, shall be invested at any given |
138 | time in the bonds, notes or other evidences of indebtedness of |
139 | any foreign government or political subdivisions or agencies |
140 | thereof or corporations created or existing under the laws |
141 | thereof. The investment cap on foreign securities may not be |
142 | revised, amended, increased, or repealed except as provided by |
143 | general law. |
144 | SECTION 9. To the widow or widower (until death or |
145 | remarriage) and child or children (under the age of eighteen |
146 | (18) years), until death or marriage before reaching the age of |
147 | eighteen (18) years, of any member who dies from causes not |
148 | attributed to his active duties in the departments, provided, |
149 | however, that such member shall have been a member of such |
150 | department for ten (10) years prior to the date of his death, |
151 | the Trustees shall authorize and direct payment in equal monthly |
152 | installments as follows: |
153 | (C)(1) The widow or widower of a member who dies while |
154 | receiving a retirement pension shall receive sixty-five per |
155 | centum (65%) of the pension which the member was receiving; |
156 | provided, however, that no pension shall be allowed to any widow |
157 | or widower unless she or he was married to the member prior to |
158 | the date of retirement of the member, except as provided in |
159 | paragraph (2). For the widow or widower of any member of this |
160 | Pension Fund who prior to October 16, 1992 was a member of |
161 | Division B of the General Employees Pension Plan as established |
162 | by Chapter 81-497, Laws of Florida, as amended, upon the |
163 | reaching social security normal retirement age, except as |
164 | provided in Section 28(C) of this Contract, the benefit paid to |
165 | the widow or widower shall be reduced by an amount equal to the |
166 | actual social security benefit earned by the member for |
167 | employment as a firefighter or police officer for the City to |
168 | the extent that such employment is considered to be creditable |
169 | service under this Fund; provided, however, that if the widow or |
170 | widower does not receive the member's accrued social security |
171 | benefit, there shall be no reduction in benefits paid to such |
172 | widow or widower. The effect of such reduction shall be that the |
173 | sum of the benefit paid herein and said social security benefit |
174 | shall be equal to the amount of the benefit otherwise payable |
175 | herein. The widow or widower of each such member shall, upon |
176 | demand by the Board, authorize the Social Security |
177 | Administration to release any information necessary to calculate |
178 | such reduction. The Board shall not make any payment for the |
179 | benefit payable herein for any period during which such widow or |
180 | widower willfully fails or refuses to authorize the release of |
181 | such information in the manner and within the time prescribed by |
182 | rules adopted by the Board. |
183 | (2)(a) Members (i) who have been retired for less than |
184 | forty (40) years as of the effective date of this act, (ii) who |
185 | retired or entered DROP prior to October 1, 2002, and (iii) who |
186 | married or remarried after the date of the member's retirement |
187 | may elect prospectively to receive a voluntarily reduced |
188 | retirement benefit payable to the widow or widower. The amount |
189 | of the widow or widower's benefit will be based on the actuarial |
190 | equivalence calculated by the Fund's actuary, and such benefit |
191 | shall not result in any additional cost to the Fund or to the |
192 | plan sponsor than would have been incurred if the member had not |
193 | elected such benefit under this paragraph. Said actuarial |
194 | calculation shall be paid for by the retired member. |
195 | (b) The election under subparagraph (a) is available only |
196 | if (i) the spouse is not more than twenty (20) years younger |
197 | than the married or remarried member, (ii) the marriage or |
198 | remarriage occurred at least three (3) years prior to the |
199 | member's said election, and (iii) the electing member is |
200 | restricted to exercising this provision for a maximum of two |
201 | remarriages after retirement. |
202 | SECTION 17. COMPUTATION OF PENSION SERVICES AND PURCHASE |
203 | OF PAST CREDITED SERVICE. |
204 | (A) In computing service allowance, creditable service |
205 | shall include all service or employment of the member in the |
206 | Fire or Police Department, either continuous or interrupted, |
207 | provided, however, that any leave of absence without pay shall |
208 | not be included. Credited service shall include credit for up to |
209 | five (5) years of the time spent in the military service of the |
210 | Armed Forces of the United States if the member is in the active |
211 | employ of the City of Tampa immediately prior to such service |
212 | and leaves a permanent, full-time position as a firefighter or |
213 | police officer with the City of Tampa for the purpose of |
214 | voluntary or involuntary service in the Armed Forces of the |
215 | United States. The member must be entitled to re-employment |
216 | under the provisions of the Uniformed Services Employment and |
217 | Re-Employment Rights Act (USERRA). In order to be eligible for |
218 | the benefits of this section, a member must return to employment |
219 | as a firefighter or a police officer of the City of Tampa within |
220 | one (1) year from the date of release of such active service. |
221 | Pension contributions shall not be required for military service |
222 | as described in this section, unless permitted by the Florida |
223 | Statutes. The provision of this section shall not apply to |
224 | temporary service for reserve training. No credited service |
225 | shall be given for military service prior to employment or for |
226 | service as a firefighter or police officer for any other |
227 | employer. However, the amount of any pension or compensation |
228 | that may be received from the Federal Government on account of |
229 | disability from such service shall be deducted from the amount |
230 | of any pension due under this Act. The deduction of the amount |
231 | of any pension or compensation received from the Federal |
232 | Government shall be made only where the period of military |
233 | service (not exceeding five (5) years) is added to the period of |
234 | actual service of the member in either the Fire or Police |
235 | Department in order to make up the required number of years for |
236 | retirement on a City pension; that the disability for which any |
237 | pension or compensation is received from the Federal Government |
238 | shall be only such disability that was incurred in the military |
239 | service during the same period of military service used by the |
240 | member to add to his actual service in the Police or Fire |
241 | Departments in order to make up the number of years required for |
242 | retirement on a City pension; and that no deduction of the |
243 | amount of any pension or compensation received from the Federal |
244 | Government can or shall be made from the amount of any City |
245 | pension granted solely on account of disability. Any member who, |
246 | in order to perform such active military service, has left his |
247 | employment in the Police or Fire Departments of the City of |
248 | Tampa and (a) who received a certificate of honorable discharge |
249 | upon completion of such active military service, (b) is still |
250 | qualified to perform the duties of such position, (c) makes or |
251 | shall have made application for reemployment within thirty (30) |
252 | days after he is released from active military service, shall be |
253 | restored by the Police or Fire Department of the City of Tampa |
254 | to such position or a position of like seniority, status and |
255 | pay. |
256 | (B) Immediately upon the passage of this Act the Board of |
257 | Trustees shall at once establish the service record of all |
258 | employees, who may be entitled to participate in the benefits of |
259 | this Act, and shall keep a record thereof. |
260 | (C) For each firefighter and police officer who on October |
261 | 15, 1992 was not a member of this Pension Fund, but who was a |
262 | member of Division B of the General Employees Pension Plan as |
263 | established by Chapter 81-497, Laws of Florida, as amended, who |
264 | elects to join this pension fund, for purposes of determining |
265 | eligibility for any benefit in which length of service is a |
266 | factor, the entire period of time served as a firefighter or |
267 | police officer with the City of Tampa, either continuous or |
268 | interrupted, shall be included; provided, however, that any |
269 | leave of absence without pay shall not be included unless |
270 | required by applicable law, any service as a police recruit |
271 | shall not be included, and any service in which the firefighter |
272 | or police officer withdrew his/her contributions shall not be |
273 | included. Active military service shall be included to the |
274 | extent required by law. |
275 | (D) A member who has separated from service as a |
276 | firefighter or police officer and who has taken a refund of his |
277 | pension contributions, who is later readmitted to the Fund, |
278 | shall have the option of purchasing past creditable service. |
279 | (1) The readmitted member shall make the election in |
280 | writing to purchase past creditable service on a form prescribed |
281 | by the Board within 90 days of readmission, which election shall |
282 | be legally binding. |
283 | (2) The readmitted member who elects to purchase past |
284 | creditable service shall repay the withdrawn contributions with |
285 | interest at the actuarially assumed rate of return of the Fund |
286 | within 90 days of the later of, readmission or receipt of |
287 | written notification from the Board of the amount due. Interest |
288 | shall be calculated from the date of withdrawal to the date of |
289 | repayment at the actuarially assumed rate of return of the Fund. |
290 | (3) A member who fails to pay withdrawn contributions with |
291 | interest as provided in this subsection within 90 days of the |
292 | later of, readmission or receipt of written notification from |
293 | the Board of the amount due, shall not receive creditable |
294 | service for the period of time for which the withdrawn |
295 | contributions apply. |
296 | (E) All active police officer or firefighter members shall |
297 | be permitted to purchase up to an additional five (5) years of |
298 | credited service based upon (i) service as a full-time certified |
299 | firefighter or certified police officer employed by a city, |
300 | county, state, federal, or other public agency, or (ii) military |
301 | service in the Armed Forces of the United States. Temporary, |
302 | auxiliary, reserve, volunteer, or private agency service shall |
303 | not apply. Service credit purchased under the provisions of this |
304 | section shall not count for vesting purposes. |
305 | (1) Prior service shall not be granted until the member |
306 | has paid to the Pension Fund the actuarial cost of the service |
307 | purchased, as determined by the actuary for the Plan. Said |
308 | actuarial calculation shall be paid for by the member. Members |
309 | purchasing service credit shall provide the Board of Trustees |
310 | with proof of prior service with honorable separation. No |
311 | service credit may be purchased if the member is receiving or |
312 | will receive any other retirement benefit based on this service, |
313 | except in the case of a military pension. |
314 | (2) The contribution by the member of the actuarially |
315 | determined cost of the buyback may be made in one lump sum or |
316 | may be made by payroll deductions in installments for a period |
317 | of time which shall not exceed the number of years being |
318 | purchased. A member electing to make installment payments shall |
319 | be charged interest based on the actuarially assumed rate of |
320 | return for the Plan. A member making installment payments shall |
321 | complete all required payments prior to payment of any benefit |
322 | under this section. |
323 | (3) A member who terminates service prior to vesting in |
324 | the Plan shall be entitled to a refund, without interest, of all |
325 | money paid to buy back prior military, firefighter, or police |
326 | officer service. |
327 | SECTION 26. DEFERRED RETIREMENT OPTION PROGRAM |
328 | Notwithstanding any other provisions of this contract, and |
329 | subject to the provisions of this section, the Deferred |
330 | Retirement Option Program, hereinafter referred to as the DROP, |
331 | is an option under which an eligible member may elect to have |
332 | the member's pension benefits calculated as of a certain date |
333 | prior to retirement, and accumulate benefits plus the investment |
334 | return pursuant to this section during the DROP calculation |
335 | period. Participation in the DROP does not guarantee employment |
336 | for the DROP calculation period, as defined in this section. |
337 | (D) Interest and Administrative Costs - Interest shall |
338 | accumulate annually at the rate to reflect the Fund's net |
339 | investment performance, whether positive or negative, during the |
340 | DROP calculation period, less the cost of administering the |
341 | DROP, all of which shall be determined by the Board of Trustees. |
342 | A DROP participant shall have the opportunity to elect, as |
343 | provided in this subsection, an investment option to be applied |
344 | to such DROP participant's account for the Plan Year when |
345 | entering the DROP and for each subsequent Plan Year. In such |
346 | election, the DROP participant shall choose to have interest |
347 | accumulate annually, whether positive or negative, at either (i) |
348 | a rate reflecting the Fund's net investment performance, as |
349 | determined by the Board of Trustees, or (ii) a rate reflecting a |
350 | low-risk variable rate selected annually by the Board of |
351 | Trustees in its sole discretion. Each election must be made at |
352 | such time, on such forms, and in such manner as the Board of |
353 | Trustees may determine in its sole discretion. If the DROP |
354 | participant fails to make a valid election upon entering the |
355 | DROP, the Fund interest rate shall be applied as provided |
356 | herein. If the DROP participant fails to make a valid election |
357 | in a subsequent Plan Year, the election for the then-current |
358 | Plan Year shall be applied. |
359 | Section 3. The changes to the pension contract in this act |
360 | for firefighters and police officers who are active members of |
361 | the City Pension Fund for Firefighters and Police Officers in |
362 | the City of Tampa on or after the date this act becomes a law |
363 | shall be made available in a supplemental pension contract, and |
364 | an individual shall not be permitted to select some of the |
365 | pension contract changes and reject other pension contract |
366 | changes. Any firefighter or police officer who is entitled to |
367 | benefits under the City Pension Fund for Firefighters and Police |
368 | Officers in the City of Tampa who is actively employed as a |
369 | firefighter or police officer in the City of Tampa on or after |
370 | the date this act becomes a law shall have the opportunity to |
371 | sign such supplemental pension contract before October 1, 2011. |
372 | However, any person who becomes a member of the City Pension |
373 | Fund for Firefighters and Police Officers in the City of Tampa |
374 | on or after the date this act becomes a law shall be required as |
375 | a condition of membership into said Pension Fund to sign a |
376 | pension contract which includes the provisions of this act and |
377 | shall be required to make contributions if required as a result |
378 | of such benefits. |
379 | Section 4. The City of Tampa Firefighters and Police |
380 | Officers Pension Contract as prescribed by Section 28-17 of the |
381 | City of Tampa Code [Ordinance No. 4746-A, enacted September 30, |
382 | 1969], as amended by Section 28-19 of the City of Tampa Code |
383 | [Ordinance No. 6038-A, enacted September 17, 1974], pursuant to |
384 | chapter 74-613, Laws of Florida, as further amended by Ordinance |
385 | No. 89-314, enacted December 21, 1989, and approved, ratified, |
386 | validated, and confirmed by chapter 90-391, Laws of Florida, as |
387 | further amended by chapter 92-231, Laws of Florida, chapter 94- |
388 | 463, Laws of Florida, chapter 98-515, Laws of Florida, chapter |
389 | 2000-485, Laws of Florida, Ordinance No. 2001-133, enacted July |
390 | 3, 2001, chapter 2001-288, Laws of Florida, chapter 2002-369, |
391 | Laws of Florida, Ordinance No. 2003-22, enacted January 23, |
392 | 2003, chapter 2004-427, Laws of Florida, and chapter 2007-304, |
393 | Laws of Florida, is in all other respects approved, ratified, |
394 | validated, and confirmed. |
395 | Section 5. If any provision of this act or its application |
396 | to any person or circumstance is held invalid, the invalidity |
397 | does not affect other provisions or applications of the act |
398 | which can be given effect without the invalid provision or |
399 | application, and to this end the provisions of this act are |
400 | severable. |
401 | Section 6. This act shall take effect October 1, 2011. |