Senate Bill sb1888e1
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    SB 1888                                        First Engrossed
  1                      A bill to be entitled
  2         An act relating to the General Pension and
  3         Retirement Fund of the City of Pensacola,
  4         Escambia County; amending chapter 99-474, Laws
  5         of Florida, as amended by chapter 2000-470,
  6         Laws of Florida; converting said act as amended
  7         to an ordinance of the City of Pensacola;
  8         revising definitions; revising provisions
  9         relating to designation of employee
10         contributions; revising provisions relating to
11         refund of contributions with less than 10 years
12         of credited service; revising provisions
13         relating to disability injury or illness in
14         line of duty and for disability injury or
15         illness not in the line of duty; revising
16         provisions relating to other benefit
17         provisions; revising provisions for investment
18         of funds; providing for repeal of conflicting
19         laws; providing an effective date.
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21  Be It Enacted by the Legislature of the State of Florida:
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23         Section 1.  Section 2 of chapter 99-474, Laws of
24  Florida, as amended by chapter 2000-470, Laws of Florida, is
25  amended to read:
26         Section 2.  Definitions.--The words and phrases as used
27  in this act shall have the following meanings unless a
28  different meaning is plainly required by the context:
29         (1)  Act.--The General Pension and Retirement Fund
30  Special Act.
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    SB 1888                                        First Engrossed
  1         (2)  Actuary.--The person, firm, or corporation, one of
  2  whose officers shall be a member of the Society of Actuaries
  3  and an enrolled actuary, as defined by the Employee Retirement
  4  Income Security Act of 1974, authorized by the board of
  5  trustees of the fund to render actuarial services to the fund.
  6         (3)  Average monthly salary.--One twenty-fourth of the
  7  salary of the 2 best years of the last 5 years of credited
  8  service prior to retirement or death.
  9         (4)  Bank of national repute.--See investment bank of
10  national repute.
11         (4)(5)  Beneficiary.--Person so designated in writing
12  by a member of the general pension plan who may become
13  entitled to receive a refund of contributions made by a member
14  of the plan.
15         (5)(6)  Best 2 years.--Two separate periods of 365
16  consecutive days.
17         (6)(7)  Board of trustees, the board, or the general
18  pension board.--The pension board, consisting of six members
19  as provided in this act.
20         (7)(8)  City.--The City of Pensacola.
21         (8)(9)  City council.--The city council of the City of
22  Pensacola.
23         (9)(10)  Code.--Internal Revenue Code of 1986, as
24  amended.
25         (10)(11)  Credited service years or credited years of
26  service.--A period of service years credited to a member of
27  the plan in which the member has contributed an amount to the
28  General Pension and Retirement Fund, as provided in this act.
29         (11)(12)  Dependent.--The spouse or dependent children
30  under the age of 18 of a member of the plan.
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    SB 1888                                        First Engrossed
  1         (12)(13)  Dependent children.--A son or daughter under
  2  18 years of age who is born in wedlock to a member of the
  3  plan; and/or a child under 18 years of age adopted by a member
  4  of the plan; and/or a child under 18 years of age dependent
  5  upon a member of the plan for support whose dependency is
  6  proven to the satisfaction of the board or, in the
  7  alternative, whose dependency has been established by a final
  8  court order.
  9         (13)(14)  Disability.--Physical or mental impairment
10  which renders an employee partially and permanently or totally
11  and permanently unable to perform the duties of his or her
12  employment or unable to perform any substantial gainful
13  employment.
14         (14)(15)  ECUA.--Escambia County Utilities Authority.
15         (15)(16)  General Pension and Retirement Fund, general
16  pension plan, or the plan.--The special fund created
17  exclusively for the purposes provided in this act.
18         (17)  Investment bank of national repute.--A bank
19  having trust powers or a trust company which is experienced in
20  the fiduciary investment of pension funds from more than one
21  state.
22         (16)(18)  Line of duty.--Within the scope of employment
23  as an employee of the city during such times as such employee
24  was rendering services to the city.
25         (17)(19)  Major fraction of a year.--For calculation of
26  benefits in this act, 6 months and 1 day.
27         (18)(20)  Member of the plan.--An individual who has
28  been credited with a period of service under the plan and has
29  contributed an amount to the plan, as provided in this act.
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    SB 1888                                        First Engrossed
  1         (19)(21)  Nonemployment.--Any period of time an
  2  individual is not employed in any capacity by the City of
  3  Pensacola.
  4         (20)(22)  Normal retirement and early retirement.--Any
  5  retirement not based upon a disability, illness, or injury.
  6         (21)(23)  Plan.--The General Pension and Retirement
  7  Fund.
  8         (22)(24)  Plan administrator.--The Director of Finance
  9  of the City of Pensacola.
10         (23)(25)  Pensioner.--A member of the plan who has
11  drawn or is drawing a pension under the provisions of this
12  act.
13         (24)(26)  Permanent full-time employee.--A person
14  employed by the city, working an established work period set
15  forth by city policy, and not employed on a part-time,
16  temporary, or specified timeframe basis.
17         (25)(27)  Refund of contributions.--The distribution of
18  funds contributed by a member of the plan.
19         (26)(28)  Retiree.--A member of the plan, or a
20  dependent of a member, who has drawn or is drawing a pension
21  under the provisions of this act.
22         (27)(29)  Salary.--The total cash remuneration paid to
23  the member of the plan by the city for services rendered
24  before all pretax, salary deferral, or salary reduction
25  contributions made to the General Pension and Retirement Fund
26  on behalf of the general pension plan member under section
27  404(h)(2) of the Internal Revenue Code and any code section
28  457 plan and section 125 plan of the city. Unless otherwise
29  provided by the city council, "salary" shall exclude any
30  educational incentive pay, field training pay, certificate
31  pay, specialized duty pay, pistol qualifications pay, clothing
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    SB 1888                                        First Engrossed
  1  allowance, education benefit, accumulated sick leave pay at
  2  retirement, accumulated vacation pay at retirement, shift
  3  differential pay, nonsubstantiated business expenses, noncash
  4  benefits such as employer-provided vehicles, or any other
  5  city-provided benefit, severance pay, or similar lump-sum
  6  payment made upon separation of service, and any other pay
  7  excluded by the city council.
  8         (28)(30)  Service under the plan.--A period of service
  9  years credited to a member of the plan, during which the
10  member has contributed an amount to the General Pension and
11  Retirement Fund, as provided in this act.
12         (29)(31)  Spouse.--Under the laws of the State of
13  Florida, the legally married husband or wife of the member of
14  the plan.
15         (30)(32)  Surviving spouse.--The legally married
16  husband or wife of a member of the plan who outlives the
17  member of the plan.
18         (31)(33)  Vested member or vesting right.--A member of
19  the plan who has a right, or the right itself, to future
20  pension benefits as provided in this act.
21         Section 2.  Section 11 of chapter 99-474, Laws of
22  Florida, is amended to read:
23         Section 11.  Designation of employee contributions.--
24         (1)  For the purposes of section 414(h) of the Internal
25  Revenue Code, the contributions made by each employee to the
26  General Pension and Retirement Fund shall be designated as
27  "employer contributions." However, such designation is
28  contingent upon the contributions being excluded from the
29  employee's gross income for federal income tax purposes. Such
30  contributions shall, nevertheless, be subject to refund or
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    SB 1888                                        First Engrossed
  1  return to the employee upon termination of employment, or
  2  otherwise as provided in this act.
  3         (2)  If for any reason the employee has received a
  4  payment of benefits under the plan at any prior time, the
  5  employee's contributions will be reduced for all such prior
  6  payments. Such adjustment shall be paid first from after-tax
  7  contributions then to the pre-tax contributions of the
  8  employee.
  9         Section 3.  Section 20 of chapter 99-474, Laws of
10  Florida, is amended to read:
11         Section 20.  Refund of contributions with less than 10
12  credited years of service, except for disability or death in
13  the line of duty.--
14         (1)  In the event any member of the plan with less than
15  10 credited years of service separates from service, except
16  for disability or death in the line of duty, such member or
17  the decedent's dependent or beneficiary shall receive a refund
18  of the member's contributions to the plan.
19         (a)  The maximum amount of a refund of contributions
20  shall equal the amount of contributions by the member of the
21  plan less any amount of pension benefit received by the member
22  of the plan and/or the member's dependents.
23         (b)  An election of the form Distribution election and
24  distribution of a refund of contributions shall be made within
25  90 days after eligibility. If no election is made,
26  distribution shall be in a lump-sum payment.
27         (c)  Any refund of the member's contributions under
28  this act shall be in full satisfaction of any and all claims
29  by any person against the General Pension and Retirement Fund.
30         (2)  The service years shall be computed on the basis
31  of the total credited service years under the plan, either
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    SB 1888                                        First Engrossed
  1  continuous or by totaling separate or discontinuous periods
  2  for the required total period. A major fraction of a year of
  3  credited service shall not be computed as a whole year for the
  4  purpose of vesting rights.
  5         (3)  There shall be no minimum years of service
  6  requirement for disability or death of a member in the line of
  7  duty. In such event, the plan member's dependents are entitled
  8  to receive a pension as provided for under this act.
  9         Section 4.  Paragraph (b) of subsection (5) of section
10  21 of chapter 99-474, Laws of Florida, is amended to read:
11         Section 21.  Disability injury or illness in line of
12  duty.--If any member of the plan, due to injury or illness in
13  the line of duty, makes application for retirement and is
14  entitled to the benefits under this act, the General Pension
15  and Retirement Fund of the city shall pay according to the
16  following schedule:
17         (5)  In the event any member of the plan becomes
18  disabled in the line of duty while employed, such member shall
19  receive a pension benefit as provided in this section or, upon
20  request, in lieu of a pension benefit, shall receive a refund
21  of the member's contributions to the General Pension and
22  Retirement Fund.
23         (b)  An election of the form Distribution election and
24  distribution of a refund of contributions shall be made within
25  90 days after eligibility. If no election is made,
26  distribution shall be in a lump-sum payment.
27         Section 5.  Paragraph (b) of subsection (5) of section
28  23 of chapter 99-474, Laws of Florida, as amended by chapter
29  2000-470, Laws of Florida, is amended to read:
30         Section 23.  Disability injury or illness not in the
31  line of duty.--
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    SB 1888                                        First Engrossed
  1         (5)  In the event any member of the plan with less than
  2  10 years of credited service under the plan becomes totally or
  3  partially disabled not in the line of duty and such member is
  4  disabled to such an extent that he or she cannot properly
  5  discharge the duties of his or her employment, such member
  6  shall receive, in lieu of a pension, a refund of the total
  7  amount of his or her contributions to the General Pension and
  8  Retirement Fund. A major fraction of a year of credited
  9  service shall not be computed as a whole year for the purpose
10  of vesting rights.
11         (b)  An election of the form Distribution election and
12  distribution of a refund of contributions shall be made within
13  90 days after eligibility. If no election is made,
14  distribution shall be in a lump-sum payment.
15         Section 6.  Paragraph (b) of subsection (3) of section
16  24 of chapter 99-474, Laws of Florida, as amended by chapter
17  2000-470, Laws of Florida, is amended to read:
18         Section 24.  Other benefit provisions.--
19         (3)  In the event any member of the plan with 10 or
20  more credited service years under the plan dies or otherwise
21  separates from service of the city, such member or the
22  deceased member's dependent shall, upon request, receive a
23  refund of the member's contributions to the General Pension
24  and Retirement Fund in lieu of a pension benefit.
25         (b)  An election of the form Distribution election and
26  distribution of a refund of contributions shall be made within
27  90 days after eligibility. If no election is made,
28  distribution shall be in a lump-sum payment.
29         Section 7.  Section 36 of chapter 99-474, Laws of
30  Florida, is amended to read:
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    SB 1888                                        First Engrossed
  1         Section 36.  Investing funds; custodian of securities,
  2  contracts with professional money managers investment banks.--
  3         (1)  The pension board shall have the power and
  4  authority to invest and reinvest the assets of the General
  5  Pension and Retirement Fund in:
  6         (a)  Time or savings accounts of a national bank, a
  7  state bank insured by the Federal Deposit Insurance
  8  Corporation, or a savings and loan association insured by the
  9  Federal Savings and Loan Insurance Corporation.
10         (b)  Obligations of the United States or obligations
11  guaranteed as to principal and interest by the United States.
12         (c)  Obligations of municipal authority issued pursuant
13  to the laws of this state; however, for each of the 5 years
14  next preceding the date of investment, the income of such
15  authority available for fixed charges shall have been not less
16  than 1 1/2  times its average annual fixed-charges requirement
17  over the life of its obligations.
18         (d)  Bonds, stocks, or other evidences of indebtedness
19  issued or guaranteed by a corporation organized under the laws
20  of the United States, any state or organized territory of the
21  United States, or the District of Columbia; however, the board
22  shall not invest more than 5 percent of its assets in the
23  common stock or capital stock of any one issuing company, nor
24  shall the aggregate investment in any one issuing company
25  exceed 5 percent of the outstanding capital stock of the
26  company, nor shall the aggregate market value of the fund's
27  investments in common stocks exceed 75 percent of the assets
28  of the fund, nor shall the aggregate market value of the
29  fund's investments in all corporate securities exceed 80
30  percent of the assets of the fund.
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    SB 1888                                        First Engrossed
  1         (e)  Commingled bank and insurance company temporary
  2  investment, stock, and bond funds without regard to the
  3  quality restrictions for individual securities contained in
  4  paragraph (d).
  5         (f)  Commingled bank and insurance company real estate
  6  funds up to the maximum of 15 percent of assets at market
  7  value. Direct ownership and operation of real estate
  8  properties are prohibited.
  9         (g)  Guaranteed insurance contracts.
10         (h)  Foreign securities, provided that the aggregate
11  market value of such investments does not exceed 25 percent of
12  the assets of the fund.
13         (2)(a)  The pension board and the City of Pensacola are
14  hereby authorized to contract with one or more professional
15  money managers investment banks of national repute to act as
16  agents and corporate trustees of all or any portion of the
17  assets of the fund. Such professional money manager or
18  managers The investment bank or banks shall have full
19  investment powers with respect to said assets subject to the
20  provisions of subsection (1) which limit the types of
21  investments which may be made, and subject to such further
22  restrictions as may be imposed by the board.
23         (b)  The city and the board, for the purpose of
24  contracting with one or more professional money manager or
25  managers an investment bank or banks to invest all or any
26  portion of the fund, shall enter into agreements between
27  themselves providing for procedures for selecting, entering
28  into contracts with, and terminating contracts with any such
29  professional money manager or managers investment bank or
30  banks.
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    SB 1888                                        First Engrossed
  1         (3)  In order to accomplish the purpose outlined in
  2  subsection (2), the pension board may direct the plan
  3  administrator of the city to act as the board's agent in
  4  handling the administrative details concerning contracting
  5  with any professional money manager the investment bank;
  6  however, the plan administrator or his or her designee shall
  7  report the status of the pension funds to the pension board on
  8  a quarterly basis or with greater frequency as requested by
  9  the board, and the pension board shall review same and give
10  directions to the plan administrator with respect to the
11  continued contract status of the professional money manager or
12  managers investment bank.
13         Section 8.  Chapter 99-474, Laws of Florida, as amended
14  by chapter 2000-470, Laws of Florida, as amended by this act
15  is converted to an ordinance of the City of Pensacola on the
16  effective date of this act. Such ordinance may be modified or
17  repealed only by the City of Pensacola.
18         Section 9.  All laws or parts of laws in conflict
19  herewith are hereby repealed.
20         Section 10.  This act shall take effect upon becoming a
21  law.
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