HB 1243

1
A bill to be entitled
2An act relating to the City of Tampa, Hillsborough County;
3amending chapter 23559, Laws of Florida, 1945, as amended;
4revising the definition of "salaries or wages" to provide
5for an employer pickup so that the employees in Division A
6may make pension contributions on a pre-tax basis;
7revising longevity retirement provisions to provide for a
8multiplier of 1.15 percent for employees in Division B;
9providing an effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Subsection (A) of section 4 of chapter 23559,
14Laws of Florida, 1945, as last amended by chapter 2000-490, Laws
15of Florida, is amended to read:
16     Section 4.  Definitions.
17     (A)  Salaries or Wages. Salaries or Wages for the purpose
18of this act shall be the base amounts earned by the Employee,
19plus regular longevity bonuses, overtime, and shift premiums,
20but exclusive of other premiums, allowances, or special payments
21or any casual nonrecurring or unpredictable bonuses. In addition
22to other applicable limitations set forth in the Plan, and
23notwithstanding any other provision of the Plan to the contrary,
24for Plan Years beginning on or after January 1, 1996, the annual
25Salaries or Wages of each Employee taken into account under the
26Plan shall not exceed the annual compensation limit provided for
27in the Omnibus Budget Reconciliation Act of 1993 (the "OBRA 1993
28Annual Compensation Limit"). The OBRA 1993 Annual Compensation
29Limit is $150,000, as adjusted by the Commissioner of the
30Internal Revenue Service for increases in the cost-of-living in
31accordance with Section 401(a)(17)(B) of the Internal Revenue
32Code of 1986, as amended (the "Code"). The cost-of-living
33adjustment in effect for a calendar year applies to any period,
34not exceeding 12 months, over which Salaries or Wages are
35determined (determination period) beginning in such calendar
36year. If a determination period consists of fewer than 12
37months, the OBRA 1993 Annual Compensation Limit will be
38multiplied by a fraction, the numerator of which is the number
39of months in the determination period, and the denominator of
40which is 12. For Plan Years beginning on or after January 1,
411996, any reference in this Plan to the limitation under Section
42401(a)(17) of the Code shall mean the OBRA 1993 Annual
43Compensation Limit set forth in this provision. The limitation
44on Salaries or Wages for an "eligible Employee" shall not be
45less than the amount which was allowed to be taken into account
46hereunder as in effect on July 1, 1993. "Eligible Employee" is
47an individual who was a participant in the Plan before the first
48Plan Year beginning after December 31, 1995. Commencing for
49earnings paid the first pay date after October 1, 2005, all
50mandatory Employee Contributions to the Fund shall be picked up
51and paid by the City. Such contributions, although designated as
52Employee Contributions, shall be paid by the City in lieu of
53contributions by the Employee. The contributions so assumed
54shall be treated as tax-deferred Employer "pickup" contributions
55pursuant to Section 414(h) of the Internal Revenue Code. Members
56shall not have the option of receiving the contributed amounts
57directly instead of having such contributions paid by the City
58to the Fund.
59     Section 2.  Section 8 of chapter 23559, Laws of Florida,
601945, as last amended by chapter 81-497, Laws of Florida, is
61amended to read:
62     Section 8.  Longevity Retirement Benefits.
63     (A)  Division A Employees: An Employee in Division A whose
64employment terminates on or after his or her Normal Retirement
65Date shall receive a monthly pension benefit equal to 2 percent
66of his or her Average Monthly Salary multiplied by his or her
67Service, plus an additional .5 percent of his or her Average
68Monthly Salary for each additional year of Service for
69employment after 15 years for years served on or after January
701, 1975, until a maximum of 30 years of Service is reached.
71     (B)  Division B Employees Employee:
72     1.  An Employee in Division B whose employment terminates
73on or after his or her Normal Retirement Date shall receive a
74monthly pension benefit equal to 1.15 1.1 percent of his or her
75Average Monthly Salary multiplied by his or her Service.
76     2.  An Employee in Division B who was previously a member
77of Division A whose employment terminates on or after his or her
78Normal Retirement Date shall receive a pension calculated as in
79subsection (B) 1. of this section subject to the following
80minimum benefits: said Employee shall not receive less than his
81or her Accrued Pension in Division A (calculated as in (A) 1.
82above), plus 1.15 1.1 percent of his or her Average Monthly
83Salary multiplied by his or her Service after his or her Date of
84Election. For the purposes of determining an Employee's Accrued
85Pension in Division A under this subsection, his or her Average
86Monthly Salary shall be calculated as of the Date of Election
87and his or her Service shall be Service prior to the Date of
88Election.
89     Section 3.  This act shall take effect October 1, 2005.


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