Senate Bill 1520

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



    Florida Senate - 2000        (NP)                      SB 1520

    By Senator Rossin





    35-1181-00                                         See HB 1089

  1                      A bill to be entitled

  2         An act relating to the City of West Palm Beach,

  3         Palm Beach County; revising provisions relating

  4         to the West Palm Beach Firefighters Pension

  5         Fund; revising the provisions relating to

  6         optional forms of retirement income; revising

  7         the beneficiary provisions; revising the

  8         deferred retirement option plan provisions;

  9         revising the disability provisions; imposing

10         penalties for false or misleading statements to

11         obtain benefits; providing an effective date.

12

13  Be It Enacted by the Legislature of the State of Florida:

14

15         Section 1.  Paragraphs (g), (h), and (i) of subsection

16  (5) of section 17 of chapter 24981, Laws of Florida, 1947, as

17  amended by chapter 93-374, Laws of Florida, are amended to

18  read:

19         Section 17.  West Palm Beach Firefighters Pension

20  Fund.--

21         (5)  Service pension.--

22         (g)  Optional forms of retirement income.--

23         1.a.  In the event of normal, or early, or disability

24  retirement, in lieu of the normal form of retirement income

25  payable as specified in paragraph (a), paragraph (b), or

26  paragraph (c), or subsection (6), and in lieu of the

27  beneficiary benefits as specified in subsection (7), a member,

28  upon written request to the board and submission of evidence

29  of good health (except that such evidence will not be required

30  if such request is made at least 3 years prior to the date of

31  commencement of retirement income), and subject to the

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    Florida Senate - 2000        (NP)                      SB 1520
    35-1181-00                                         See HB 1089




  1  approval of the board, may elect to receive a retirement

  2  income of equivalent actuarial value payable in accordance

  3  with one of the following options:

  4         (I)  Lifetime option.--A retirement income of a larger

  5  monthly amount, payable to the member for his or her lifetime

  6  only.

  7         (II)  Joint and survivor option.--A retirement income

  8  of a modified monthly amount, payable to the member during the

  9  joint lifetime of the member and a dependent joint pensioner

10  designated by the member, and following the death of either of

11  them, 100 percent, 75 percent, 66 2/3 percent, or 50 percent

12  of such monthly amounts, payable to the survivor for the

13  lifetime of the survivor.

14         b.  The member, upon electing any option of this

15  paragraph, shall designate the joint pensioner or beneficiary

16  or beneficiaries to receive the benefit, if any, payable in

17  the event of his death, and shall have the power to change

18  such designation from time to time, but any such change shall

19  be deemed a new election and shall be subject to approval by

20  the Board.  Such designation shall name a joint pensioner or

21  one or more primary beneficiaries where applicable.  If a

22  member has elected an option with a joint pensioner or

23  beneficiary and his retirement income benefits have commenced,

24  he may thereafter change his designated joint pensioner or

25  beneficiary only twice.

26         c.  The consent of a member's joint pensioner or

27  beneficiary to any such change shall not be required. However,

28  the spouse of a married member must consent to any election to

29  waive a joint and survivor benefit by signing the election

30  form before a notary public.  The spouse's written consent

31  must acknowledge the effect of such a waiver.  Consent of the

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    Florida Senate - 2000        (NP)                      SB 1520
    35-1181-00                                         See HB 1089




  1  spouse shall not be required if the spouse cannot be located,

  2  or for such other circumstances as may be prescribed by the

  3  Secretary of the Treasury of the United States.  Any consent

  4  by a spouse shall be effective only with respect to such

  5  spouse.

  6         d.  The Board may request such evidence of the good

  7  health of the joint pensioner that is being added as it may

  8  require, and the amount of the retirement income payable to

  9  the member upon designation of a new joint pensioner shall be

10  actuarially redetermined taking into account the age and sex

11  of the former joint pensioner, the new joint pensioner, and

12  the member.  Each such designation shall be filed with the

13  Board.  In the event that no designated beneficiary survives

14  the member, such benefits as are payable in the event of the

15  death of the member subsequent to his retirement shall be paid

16  as provided in subparagraph (h)2.

17         2.  Retirement income payments shall be made under the

18  option elected in accordance with the provisions of this

19  paragraph and shall be subject to the following limitations:

20         a.  If a member dies prior to his normal retirement

21  date or early retirement date, whichever first occurs,

22  retirement benefit shall be paid in accordance with subsection

23  (7).

24         b.  If the designated beneficiary or beneficiaries or

25  joint pensioner dies before the member's retirement, the

26  option elected shall be canceled automatically and a

27  retirement income of the normal form and amount shall be

28  payable to the member upon his retirement as if the election

29  had not been made, unless a new election is made in accordance

30  with the provisions of this paragraph or a new beneficiary is

31  designated by the member prior to his retirement.

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    Florida Senate - 2000        (NP)                      SB 1520
    35-1181-00                                         See HB 1089




  1         c.  If a member continues in the employ of the

  2  Department after meeting the age and service requirements set

  3  forth in paragraph (a) or paragraph (c) and dies prior to his

  4  actual retirement, and while an option made pursuant to this

  5  sub-subparagraph is in effect, monthly retirement income

  6  payments shall be paid, under the option, to a beneficiary or

  7  beneficiaries designated by the member in the amount or

  8  amounts computed as if the member had retired under the option

  9  on the date on which his death occurred.

10         3.  No member may make any change in his retirement

11  option after the date of cashing or depositing the first

12  retirement check.

13         (h)  Designation of beneficiary.--

14         1.  Each member may, on a form provided for that

15  purpose, signed and filed with the board, designate a

16  beneficiary or beneficiaries to receive the benefit, if any,

17  which may be payable in the event of the member's death; and

18  each designation may be revoked by such member by signing and

19  filing with the board a new designation-of-beneficiary form.

20  However, after the benefits have commenced, a retirant may

21  change his or her designation of joint annuitant or

22  beneficiary only twice. If the said retirant desires to change

23  his or her joint annuitant or beneficiary, the retirant he

24  shall file with the board a notarized notice of such change

25  either by registered letter or on a form as provided by the

26  board. Upon receipt of a completed change of joint annuitant

27  form or such other notice, the board shall adjust the member's

28  monthly benefit by the application of actuarial tables and

29  calculations developed to ensure that the benefit paid is the

30  actuarial equivalent of the present value of the member's

31  current benefit.

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    Florida Senate - 2000        (NP)                      SB 1520
    35-1181-00                                         See HB 1089




  1         2.  Absence or death of beneficiary.--If a deceased

  2  member fails to name a beneficiary in the manner prescribed in

  3  subparagraph 1., or if the beneficiary or beneficiaries named

  4  by a deceased member predecease the member, the beneficiary

  5  benefits, if any, which may be payable with respect to such

  6  deceased member may be paid, in the discretion of the board,

  7  either to:

  8         a.  The spouse or dependent child or children of the

  9  member; or

10         b.  The dependent living parent or parents of the

11  member; or.

12         c.  The estate of the member.

13         (i)  Refund of contributions.--In the event a member

14  leaves the employ of the department or dies with less than 10

15  years of credited service, and no service pension, disability

16  pension, or beneficiary benefit is payable, the contributions

17  made by him or her to the fund shall be refunded, without

18  interest (less any disability payments paid to the member), to

19  the member, or, in the event of death, to the beneficiary or

20  to the member's estate.

21         Section 2.  Effective for share account distributions

22  made for calendar year 1998 from chapter moneys received in

23  July 1999, paragraph (k) of subsection (5) of section 17 of

24  chapter 24981, Laws of Florida, 1947, as amended by chapter

25  99-456, Laws of Florida, is amended to read:

26         Section 17.  West Palm Beach Firefighters Pension

27  Fund.--

28         (5)  Service pension.--

29         (k)  Deferred Retirement Option Plan (DROP).--

30         1.  Eligibility to participate in the DROP.--

31

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    Florida Senate - 2000        (NP)                      SB 1520
    35-1181-00                                         See HB 1089




  1         a.  Any member who is eligible to receive an early or

  2  normal retirement pension may participate in the DROP. Members

  3  shall elect to participate by applying to the Board of

  4  Trustees on a form provided for that purpose.

  5         b.  Election to participate shall be forfeited if not

  6  exercised within the first 35 years of combined credited

  7  service.

  8         c.  A member shall not participate in the DROP beyond

  9  the time of attaining 37 years of service and the total years

10  of participation in the DROP shall not exceed 5 years. For

11  example:

12         (I)  Members with 32 years of credited service at the

13  time of entry shall only participate for 5 years.

14         (II)  Members with 33 years of credited service at the

15  time of entry shall only participate for 4 years.

16         (III)  Members with 34 years of credited service at the

17  time of entry shall only participate for 3 years.

18         (IV)  Members with 35 years of credited service at the

19  time of entry shall only participate for 2 years.

20         d.  Upon a member's election to participate in the

21  DROP, he or she shall cease to be a member and shall no longer

22  accrue any benefits under the pension fund, except for the

23  benefits provided under paragraph (j) of this subsection,

24  Chapter 175 share accounts. For all fund purposes, the member

25  becomes a retirant, except that a DROP participant shall

26  continue to receive shares of the chapter moneys in accordance

27  with paragraph (j), Chapter 175 share accounts. The amount of

28  credited service and final average salary shall freeze as of

29  the date of entry into the DROP.

30         2.  Amounts payable upon election to participate in the

31  DROP.--

                                  6

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    Florida Senate - 2000        (NP)                      SB 1520
    35-1181-00                                         See HB 1089




  1         a.  Monthly retirement benefits that would have been

  2  payable had the member terminated employment with the

  3  department and elected to receive monthly pension payments

  4  will be paid into the DROP and credited to the retirant.

  5  Payments into the DROP will be made monthly over the period

  6  the retirant participates in the DROP, up to a maximum of 36

  7  months.

  8         b.  Payments to the DROP earn interest using the rate

  9  earned on pension fund assets during the 12-month period

10  ending each September 30th.  The rate determined shall be the

11  rate reported to the Division of Retirement pursuant to part

12  VII of chapter 112, Florida Statutes.  However, if a member

13  does not terminate employment at the end of participation in

14  the DROP, interest credit shall cease on the current balance

15  and on all future DROP deposits.

16         c.  No payments will be made from the DROP until the

17  member terminates employment with the department.

18         d.  Upon termination of employment, participants in the

19  DROP will receive the balance of the DROP account in

20  accordance with the following rules:

21         (I)  Members may elect to begin to receive payment upon

22  termination of employment or defer payment of the DROP until

23  the latest day under sub-sub-subparagraph (III).

24         (II)  Payments shall be made in either:

25         (A)  Lump sum.--The entire account balance will be paid

26  to the retirant upon approval of the Board of Trustees.

27         (B)  Installments.--The account balance will be paid

28  out to the retirant in three equal payments paid over 3 years,

29  the first payment to be made upon approval of the Board of

30  Trustees.

31

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    Florida Senate - 2000        (NP)                      SB 1520
    35-1181-00                                         See HB 1089




  1         (C)  Annuity.--The account balance will be paid out in

  2  monthly installments over the lifetime of the member or until

  3  the entire balance is exhausted. Monthly amount paid will be

  4  determined by the fund's actuary in accordance with selections

  5  made by the member on a form provided by the Board of

  6  Trustees.

  7         (III)  Any form of payment selected by a member must

  8  comply with the minimum distribution requirements of the IRC

  9  Section 401(A)(9), and is subject to the requirements of

10  subsection (19).

11         (IV)  The beneficiary of the DROP participant who dies

12  before payments from the DROP begin shall have the same right

13  as the participant in accordance with subsection (7).

14         3.  Loans from the DROP.--

15         a.  Availability of loans.--

16         (I)  Loans are available to members only after

17  termination of employment, provided the member had

18  participated in the DROP for a period of 12 months.

19         (II)  Loans may only be made from a member's own

20  account.

21         (III)  There may be no more than one loan at a time.

22         b.  Amount of loan.--

23         (I)  Loans may be made for up to a maximum of 50

24  percent of account balance.

25         (II)  The maximum dollar amount of a loan is $50,000,

26  reduced by the highest outstanding loan balance during the

27  last 12 months.

28         (III)  The minimum loan is $5,000.

29         c.  Limitations on loans.--Loans shall be made from the

30  amounts paid into the DROP and the earnings thereon.

31         d.  Term of loan.--

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    Florida Senate - 2000        (NP)                      SB 1520
    35-1181-00                                         See HB 1089




  1         (I)  The loan must be for at least 1 year.

  2         (II)  The loan shall be for no longer than 5 years.

  3         e.  Loan interest rate.--

  4         (I)  The interest rate shall be fixed at the time the

  5  loan is originated for the entire term of loan.

  6         (II)  The interest rate shall be equal to the lowest

  7  prime rate published by the Wall Street Journal on the last

  8  day of each calendar quarter preceding the date of loan

  9  application.

10         f.  Defaults on loans.--

11         (I)  Loans shall be in default if 2 consecutive months'

12  repayments are missed or if a total of 4 months' repayments

13  are missed.

14         (II)  Upon default, the entire balance becomes due and

15  payable immediately.

16         (III)  If a loan in default is not repaid in full

17  immediately, the loan may be canceled and the outstanding

18  balance treated as a distribution, which may be taxable.

19         (IV)  Upon default of a loan, a member shall not be

20  eligible for additional loans.

21         g.  Miscellaneous provisions.--

22         (I)  All loans must be evidenced by a written loan

23  agreement signed by the member and the Board of Trustees. The

24  agreement shall contain a promissory note.

25         (II)  A member's spouse must consent in writing to the

26  loan. The consent shall acknowledge the effect of the loan on

27  the member's account balance.

28         (III)  Loans shall be considered a general asset of the

29  fund.

30         (IV)  Loans shall be subject to administrative fees to

31  be set by the Board of Trustees.

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    Florida Senate - 2000        (NP)                      SB 1520
    35-1181-00                                         See HB 1089




  1         4.  After-tax contributions to the DROP.--

  2         a.  A member may make after-tax contributions to the

  3  DROP. The maximum amount which may be contributed is the

  4  lesser of:

  5         (I)  The IRS Section 415(c) limit.

  6         (II)  The amount allowable under IRC Section 401(m).

  7         b.  After-tax contributions to the DROP will earn

  8  interest in the same manner as set forth in sub-subparagraph

  9  2.b.

10         c.  Distributions to members or their beneficiaries of

11  after-tax contributions may be withdrawn at any time on or

12  after termination of employment. However, payments must be

13  made at least as rapidly as required under subsection (19).

14         d.  Loans shall not be made against after-tax

15  contributions.

16         Section 3.  Paragraphs (b) and (g) of subsection (6) of

17  section 17 of chapter 24981, Laws of Florida, 1947, as amended

18  by chapter 93-374, Laws of Florida, are amended to read:

19         Section 17.  West Palm Beach Firefighters Pension

20  Fund.--

21         (6)  Disability pensions, medical examinations, return

22  to work, etc.--

23         (b)  Nonduty disability pension benefits.--Upon

24  retirement on account of disability as provided in paragraph

25  (a), a member shall receive a disability pension computed

26  according to subparagraph (5)(a)1., notwithstanding that he or

27  she might not have attained age 50 years and might not have 15

28  or more years of service credit; provided, further, if the

29  member has at least 10 years of service credit, the disability

30  pension shall not be less than 25 percent of the member's

31  average monthly salary at the time of disability. A disability

                                  10

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    Florida Senate - 2000        (NP)                      SB 1520
    35-1181-00                                         See HB 1089




  1  retiree may select optional forms of benefits in accordance

  2  with paragraph (5)(g).

  3         (g)  Payment of disability pensions.--Monthly

  4  disability retirement benefits shall be payable as of the date

  5  the board determines that the member was entitled to a

  6  disability pension; however, the first payment shall actually

  7  be paid on the first day of the first month after the board

  8  determines such entitlement.  Any portion due for a partial

  9  month shall be paid together with the first payment.  If the

10  member recovers from the disability prior to his or her normal

11  retirement date, the last payment shall be the payment due

12  next preceding the date of such recovery, or, if the member

13  dies without recovering from his or her disability, then the

14  following shall apply:

15         1.  Married member.--Beneficiary benefits as set forth

16  in subsection (7) shall be paid if, at the time of death, the

17  member was married or had a dependent child or children or

18  parent or parents; or

19         2.  Nonmarried member with 10 years of service or

20  more.--Payments shall be made until his or her death or the

21  120th monthly payment, whichever is later; or

22         3.  Nonmarried Non-married member with less than 10

23  years of service.--Payments shall be made until the member's

24  his death.

25

26  Any monthly retirement income payments due after the death of

27  a disabled member shall be paid to the member's designated

28  beneficiary or beneficiaries or the member's estate as

29  provided in paragraph (5)(h) or subsection (7), as applicable.

30

31

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    Florida Senate - 2000        (NP)                      SB 1520
    35-1181-00                                         See HB 1089




  1         Section 4.  Paragraph (h) of subsection (6) of section

  2  17 of chapter 24981, Laws of Florida, 1947, as amended by

  3  chapter 93-374, Laws of Florida, is repealed.

  4         Section 5.  Subsection (7) of section 17 of chapter

  5  24981, Laws of Florida, 1947, as amended by chapters 93-374

  6  and 96-527, Laws of Florida, is amended to read:

  7         Section 17.  West Palm Beach Firefighters Pension

  8  Fund.--

  9         (7)  Beneficiary benefits.--

10         (a)  Death while in service; 5 years or more

11  (nonduty).--In the event a member with 5 or more years of

12  service credit dies while in the employ of the department, and

13  the board finds his or her death to have occurred as the

14  result of causes arising outside the performance of his or her

15  duties as a firefighter in the employ of the city, the

16  following applicable pensions shall be paid:

17         1.  Surviving spouse's benefits.--The surviving spouse

18  shall receive a pension equal to two-thirds of the pension the

19  member would otherwise have been entitled to receive under

20  paragraph (5)(a), as if the member had retired the day

21  preceding the date of his or her death, notwithstanding that

22  the member might not have met the age and service requirements

23  for retirement as specified in subsection (5).  Upon the

24  surviving spouse's remarriage or death, the pension shall

25  terminate.

26         2.  Benefits for children surviving surviving spouse,

27  etc.--In the event the a deceased member does not leave a

28  surviving spouse, or if the surviving spouse shall remarry or

29  die, and the member leaves an unmarried child or children

30  under age 18, each such child shall receive a pension of an

31  equal share of the pension to which said member's surviving

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    Florida Senate - 2000        (NP)                      SB 1520
    35-1181-00                                         See HB 1089




  1  spouse was or would have been entitled.  Upon any such child's

  2  adoption, marriage, death, or attainment of age 18, the

  3  child's his pension shall terminate and said child's pension

  4  shall be apportioned to the said deceased member's remaining

  5  eligible children under age 18.

  6         3.  Benefits for dependent parents.--In the event a

  7  member dies and does not leave a surviving spouse or children

  8  eligible to receive a pension provided for in subparagraphs 1.

  9  and 2., and the member leaves a parent or parents whom the

10  board finds to have been dependent upon the member for 50

11  percent or more of their financial support, each such parent

12  shall receive a pension of an equal share of the pension to

13  which the member's surviving spouse would have been entitled

14  if the member left a surviving spouse.  Upon any such parent's

15  remarriage or death, the parent's his pension shall terminate.

16         4.  Estate.--In the event a member dies and does not

17  leave a surviving spouse, children, or parents eligible to

18  receive a pension provided for in subparagraph 1.,

19  subparagraph 2., or subparagraph 3., then the benefits

20  remaining, if any, shall be paid to the member's estate.

21         (b)  Death in the line of duty.--In the event a member

22  dies while in the employ of the department, and the board

23  finds his or her death to be the natural and proximate result

24  of causes arising out of and in the course of his or her

25  actual performance of duty as a firefighter in the employ of

26  the city, the following applicable pensions shall be paid:

27         1.  Surviving spouse's benefits.--The surviving spouse

28  shall receive a monthly pension equal to three-fourths of the

29  duty disability pension the member would otherwise have been

30  entitled to receive at the time of his or her death. Upon the

31  surviving spouse's death, the pension shall terminate.

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    Florida Senate - 2000        (NP)                      SB 1520
    35-1181-00                                         See HB 1089




  1         2.  Benefits for children surviving surviving spouse,

  2  etc.--In the event the a deceased member does not leave a

  3  surviving spouse, or if the surviving spouse shall die dies,

  4  and the member leaves an unmarried child or children under age

  5  18, each such child shall receive a pension of an equal share

  6  of the pension to which the member's surviving spouse was or

  7  would have been entitled.  Upon any such child's adoption,

  8  marriage, death, or attainment of age 18, the child's his or

  9  her pension shall terminate and said child's pension shall be

10  apportioned to the deceased member's remaining eligible

11  children under age 18.

12         3.  Benefits for dependent parents.--In the event a

13  member dies and does not leave a surviving spouse or children

14  eligible to receive a pension provided for in subparagraphs 1.

15  and 2., and the member leaves a parent or parents whom the

16  board finds to have been dependent upon the member for 50

17  percent or more of their financial support, each such parent

18  shall receive a pension of an equal share of the pension to

19  which said member's surviving spouse would have been entitled

20  if the member left a surviving spouse.  Upon any such parent's

21  remarriage or death, the parent's his or her pension shall

22  terminate.

23         4.  Estate.--In the event a member dies and does not

24  leave a surviving spouse, children or parents eligible to

25  receive a pension provided for in subparagraph 1.,

26  subparagraph 2., or subparagraph 3., then the benefits

27  remaining, if any, shall be paid to the member's estate.

28         (c)  Death after retirement.--Upon the death of a

29  retirant, the following applicable pensions shall be paid:

30         1.  Surviving spouse's benefits.--The surviving spouse

31  shall receive a pension equal to three-fourths of the

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    Florida Senate - 2000        (NP)                      SB 1520
    35-1181-00                                         See HB 1089




  1  retirant's member's pension at the time of his or her death.

  2  Upon the surviving spouse's remarriage or death, the pension

  3  shall terminate.

  4         2.  Benefits for children, surviving surviving spouse,

  5  etc.--In the event a deceased member does not leave a

  6  surviving spouse, or if the surviving spouse shall remarry or

  7  die, and the member leaves an unmarried child or children

  8  under age 18, each such child shall receive a pension of an

  9  equal share of the pension to which the member's surviving

10  spouse was or would have been entitled.  Upon any such child's

11  adoption, marriage, death, or attainment of age 18, the

12  child's his pension shall terminate and said child's pension

13  shall be apportioned to the deceased member's remaining

14  eligible children under age 18.

15         3.  Benefits for dependent parents.--In the event a

16  member dies and does not leave a surviving spouse or children

17  eligible to receive a pension provided for in subparagraphs 1.

18  and 2., and the member leaves a parent or parents whom the

19  board finds to have been dependent upon the member for 50

20  percent or more of their financial support, each such parent

21  shall receive a pension of an equal share of the pension to

22  which the member's surviving spouse would have been entitled

23  if the member left a surviving spouse.  Upon any such parent's

24  remarriage or death, the parent's his or her pension shall

25  terminate.

26         4.  Estate.--In the event a member dies and does not

27  leave a surviving spouse, children, or parents eligible to

28  receive a pension provided for in subparagraph 1.,

29  subparagraph 2., or subparagraph 3., then the benefits

30  remaining, if any, shall be paid to the member's estate.

31

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    Florida Senate - 2000        (NP)                      SB 1520
    35-1181-00                                         See HB 1089




  1         Section 6.  Paragraph (d) is added to subsection (20)

  2  of section 17 of chapter 24981, Laws of Florida, 1947, as

  3  amended by chapter 93-374, Laws of Florida, to read:

  4         Section 17.  West Palm Beach Firefighters Pension

  5  Fund.--

  6         (20)  Miscellaneous requirements.--

  7         (d)  False or misleading statements made to obtain

  8  retirement benefits prohibited.--

  9         1.  It is unlawful for a person to willfully and

10  knowingly make, or cause to be made, or to assist, conspire

11  with, or urge another to make, or cause to be made, any false,

12  fraudulent, or misleading oral or written statement or to

13  withhold or conceal material information to obtain any benefit

14  under this plan.

15         2.a.  A person who violates subparagraph 1. commits a

16  misdemeanor of the first degree, punishable as provided in

17  section 775.082 or section 775.083, Florida Statutes.

18         b.  In addition to any applicable criminal penalty,

19  upon conviction for a violation of subparagraph 1., a

20  participant or beneficiary of this plan may, in the discretion

21  of the Board of Trustees, be required to forfeit the right to

22  receive any or all benefits to which the person would

23  otherwise be entitled under this plan.  For purposes of this

24  sub-subparagraph, the term "conviction" means a determination

25  of guilt that is the result of a plea or trial, regardless of

26  whether adjudication is withheld.

27         Section 7.  All special laws and parts of special laws,

28  ordinances, or regulations, insofar as they are in conflict or

29  inconsistent with the provisions of this act, are repealed.

30         Section 8.  This act shall take effect upon becoming a

31  law.

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