| 1 | A bill to be entitled |
| 2 | An act relating to the City of Tampa, Hillsborough County; |
| 3 | revising provisions relating to the City Pension Fund for |
| 4 | Firefighters and Police Officers in the City of Tampa; |
| 5 | authorizing the City of Tampa to enter into a supplemental |
| 6 | contract with certain firefighters and police officers to |
| 7 | revise the definition of pensionable earnings to include |
| 8 | up to 300 hours per year of overtime and any other |
| 9 | payments required to be included under chapters 175 and |
| 10 | 185, Florida Statutes; revising the medical examination |
| 11 | requirements for membership; providing for an increase in |
| 12 | the accrual of benefits from 2.5 percent to 3.15 percent; |
| 13 | providing for a minimum benefit for retirees; providing |
| 14 | that the act is contingent upon execution of a contract |
| 15 | between the city and the bargaining agents for the |
| 16 | firefighters and police officers; providing for the |
| 17 | execution of certain supplemental contract provisions by a |
| 18 | date certain or forever barring the receipt of the |
| 19 | benefits therein provided; confirming in part the City of |
| 20 | Tampa Firefighters and Police Officers Pension Contract; |
| 21 | providing an effective date. |
| 22 |
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| 23 | Be It Enacted by the Legislature of the State of Florida: |
| 24 |
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| 25 | Section 1. The City of Tampa is authorized and empowered |
| 26 | to enter into a supplemental contract, the application of which |
| 27 | shall be prospective commencing on October 1, 2004, with each |
| 28 | and every firefighter or police officer who is entitled to |
| 29 | benefits under the City Pension for Firefighters and Police |
| 30 | Officers in the City of Tampa and was actively employed as a |
| 31 | firefighter or police officer in the City of Tampa on or after |
| 32 | October 1, 2003, who was an active and contributing member of |
| 33 | the City Pension Fund for Firefighters and Police Officers in |
| 34 | the City of Tampa on the date this act becomes a law, or who |
| 35 | hereafter enters into a pension contract with the City, amending |
| 36 | Section 3(E), Section 4(3), and Section 7(A) and (B) and |
| 37 | creating Section 7(J) of the City of Tampa Firefighters and |
| 38 | Police Officers Pension Contract as prescribed by Section 28-17 |
| 39 | of the City of Tampa Code [Ordinance No. 4746-A, enacted |
| 40 | September 30, 1969], as amended by Section 28-19 of the City of |
| 41 | Tampa Code [Ordinance No. 6038-A, enacted September 17, 1974], |
| 42 | pursuant to chapter 74-613, Laws of Florida; as further amended |
| 43 | by Ordinance No. 89-314, enacted December 21, 1989, and |
| 44 | approved, ratified, validated, and confirmed by chapter 90-391, |
| 45 | Laws of Florida; and as further amended by chapters 92-231, 94- |
| 46 | 463, 98-515, and 2000-485, Laws of Florida, Ordinance No. 2001- |
| 47 | 133, enacted July 3, 2001, chapters 2001-288 and 2002-369, Laws |
| 48 | of Florida, and Ordinance No. 2003-22, enacted January 23, 2003, |
| 49 | to read: |
| 50 | Section 3(E). Commencing for earnings paid the first pay |
| 51 | date after October 1, 2004, the term ?earnings? shall mean total |
| 52 | cash remuneration paid by the City to a firefighter or police |
| 53 | officer for services rendered, including any payments required |
| 54 | to be included within the definition of compensation pursuant to |
| 55 | chapters 175 and 185, Florida Statutes, but not including any |
| 56 | payments for extra duty. Commencing for earnings paid the first |
| 57 | pay date after October 1, 2004, earnings shall also include |
| 58 | payments for overtime paid by the City to a firefighter or |
| 59 | police officer up to a maximum of 300 hours of overtime per |
| 60 | calendar year the base salary or wage exclusive of any casual, |
| 61 | nonrecurring or unpredictable overtime, bonuses, or other |
| 62 | special payments, providing that regular longevity bonuses shall |
| 63 | be included. |
| 64 | Section 4(3). Pass a complete medical examination |
| 65 | including, but not limited to, echo-cardiogram, functional |
| 66 | examination of the back and neck, and any other specific |
| 67 | diagnostic tests as determined by the Medical Board based upon |
| 68 | the individual?s risk factors, medical history, and physical |
| 69 | examination electro-cardiogram and exercise stress test, x-ray |
| 70 | of the entire spine, and two (2) x-rays anterior-posterior and |
| 71 | lateral view of the lumbar sacral spines; and |
| 72 | Section 7. BENEFITS, PENSIONS TO MEMBERS. |
| 73 | (A) Any member of the Fund having an aggregate of 10 years |
| 74 | of service as defined in Section 17 in said departments, and |
| 75 | having reached the age of 46 years, who then shall receive in |
| 76 | monthly installments a pension equal to 31.5 25 percent of the |
| 77 | member?s average earnings for the three (3) highest years within |
| 78 | the last 10 years of service with a minimum pension of $100 per |
| 79 | month for a period of ten (10) years certain and life. For each |
| 80 | additional year of such service after 10 years, a member shall |
| 81 | receive 3.15 2.5 percent of average earnings, not to exceed a |
| 82 | total pension of 100 percent of said average earnings for a |
| 83 | period of ten (10) years certain and life. After 10 years of |
| 84 | service as defined in Section 17, this pension right shall be a |
| 85 | vested right with the payment thereof to begin upon the |
| 86 | employee?s separation from the service or the employee?s |
| 87 | reaching the age of 46 years, whichever occurs later, so that an |
| 88 | employee having 10 or more years of such service who resigns, |
| 89 | retires, or is otherwise separated from the service prior to |
| 90 | reaching the age of 46 years may elect to allow his |
| 91 | contributions to remain in the Pension Fund and upon reaching |
| 92 | the age of 46 years shall be entitled to commence receiving a |
| 93 | pension based upon his service as herein provided, and should |
| 94 | such employee die before reaching 46 years of age, then at the |
| 95 | time that decedent would have reached 46 years of age the widow |
| 96 | or widower shall receive such benefit as the widow or widower |
| 97 | would have received under subparagraph 9(C) if the employee had |
| 98 | died while receiving a pension. Provided however, any member of |
| 99 | the Pension Fund who was actively employed as a firefighter or |
| 100 | police officer in the City of Tampa on or after October 1, 2003, |
| 101 | or a member of the Fund on or after October 1, 2003, and, prior |
| 102 | to October 16, 1992, was a participant of Division B of the |
| 103 | General Employees Pension Plan as established by chapter 81-497, |
| 104 | Laws of Florida, as amended, shall receive benefits from this |
| 105 | Pension Fund at the rate of 3.15 2.5 percent of average earnings |
| 106 | for each year of service in this Pension Fund, provided however, |
| 107 | the 3.15 2.5 percent accrual shall not apply to any service |
| 108 | while the member was a participant of Division B of the General |
| 109 | Employees Pension Plan; provided, further, that upon reaching |
| 110 | social security normal retirement age, except as provided in |
| 111 | Section 28(C) of this Contract, the benefit paid herein shall be |
| 112 | reduced by an amount equal to the actual social security benefit |
| 113 | earned by the member for employment as a firefighter or police |
| 114 | officer for the City to the extent that such employment is |
| 115 | considered to be creditable service under this Fund. The effect |
| 116 | of such reduction shall be that the sum of the benefit paid |
| 117 | herein and said social security benefit shall be equal to the |
| 118 | amount of the benefit otherwise payable herein. Each such member |
| 119 | shall, upon demand by the Board, authorize the Social Security |
| 120 | Administration to release any information necessary to calculate |
| 121 | such reduction. The Board shall not make any payment for the |
| 122 | benefit payable herein for any period during which such member |
| 123 | willfully fails or refuses to authorize the release of such |
| 124 | information in the manner and within the time prescribed by |
| 125 | rules adopted by the Board. |
| 126 | (B) Any member who in the service has received or shall |
| 127 | receive within or without the city any injuries, disease or |
| 128 | disability, which injury, disease or disability now permanently |
| 129 | incapacitates him physically or mentally from regular and |
| 130 | continuous duty as a firefighter or police officer, then he |
| 131 | shall receive in equal monthly installments an amount equal to |
| 132 | 65% of monthly salary in effect at date of disability retirement |
| 133 | with a minimum of $100 per month, plus 1/12 of any other |
| 134 | earnings received within one year prior to date of disability |
| 135 | retirement for a period of ten (10) years certain and life. For |
| 136 | any member of this Pension Fund who prior to October 16, 1992 |
| 137 | was a member of Division B of the General Employees Pension Plan |
| 138 | as established by Chapter 81-497, Laws of Florida, as amended, |
| 139 | upon reaching social security normal retirement age or |
| 140 | qualifying for social security disability benefits, whichever |
| 141 | comes first, except as provided in Section 28(C) of this |
| 142 | Contract, the benefit paid herein shall be reduced by an amount |
| 143 | equal to the actual social security benefit earned by the member |
| 144 | for employment as a firefighter or police officer for the City |
| 145 | to the extent that such employment is considered to be |
| 146 | creditable service under this Fund; provided, however, that if |
| 147 | such member's social security disability benefits cease prior to |
| 148 | attaining social security retirement age, such reduction shall |
| 149 | be deferred until such time as the member reaches his social |
| 150 | security retirement age. The effect of such reduction shall be |
| 151 | that the sum of the benefit paid herein and said social security |
| 152 | benefit shall be equal to the amount of the benefit otherwise |
| 153 | payable herein. Each such member shall, upon demand by the |
| 154 | Board, authorize the Social Security Administration to release |
| 155 | any information necessary to calculate such reduction. The Board |
| 156 | shall not make any payment for the benefit payable herein for |
| 157 | any period during which such member willfully fails or refuses |
| 158 | to authorize the release of such information in the manner and |
| 159 | within the time prescribed by rules adopted by the Board. |
| 160 | (J) Effective October 1, 2004, the minimum monthly pension |
| 161 | for any retired member or eligible surviving spouse shall be 100 |
| 162 | percent of the amount of the poverty level for an individual |
| 163 | member or a member with a family of two, as the case may be, as |
| 164 | established annually by the Federal Bureau of Labor and |
| 165 | Statistics and published in the Federal Register. |
| 166 | Section 2. This act is only an enabling act, and the |
| 167 | execution by the City of Tampa of the aforesaid supplemental |
| 168 | contract and entitlement to the pension benefits referred to in |
| 169 | this act for all firefighters and police officers, regardless of |
| 170 | whether or not in the respective certified bargaining unit for |
| 171 | firefighters or police officers, and the effectiveness of this |
| 172 | act, is contingent upon contractual agreement through the |
| 173 | collective bargaining process between the City of Tampa and the |
| 174 | respective certified bargaining agents for firefighters and |
| 175 | police officers. |
| 176 | Section 3. The benefits provided for in this act and the |
| 177 | changes to the pension contract provided for in this act for |
| 178 | firefighters and police officers who are entitled to benefits |
| 179 | under the City Pension for Firefighters and Police Officers in |
| 180 | the City of Tampa that are actively employed as a firefighter or |
| 181 | police officer in the City of Tampa on or after October 1, 2003, |
| 182 | and active and contributing members of the City Pension Fund for |
| 183 | Firefighters and Police Officers in the City of Tampa on the |
| 184 | date this act becomes a law and other benefits or pension |
| 185 | contract changes provided for in any other special act adopted |
| 186 | by the Florida Legislature in the 2000, 2001, 2002, or 2003 |
| 187 | Legislative Session shall be made available in one or more |
| 188 | supplemental pension contracts, and an individual shall not be |
| 189 | permitted to select some of said benefits or changes and reject |
| 190 | others of said benefits or changes. Any firefighter or police |
| 191 | officer who is entitled to benefits under the City Pension for |
| 192 | Firefighters and Police Officers in the City of Tampa that is |
| 193 | actively employed as a firefighter or police officer in the City |
| 194 | of Tampa on or after October 1, 2003, or active and contributing |
| 195 | member of the City Pension Fund for Firefighters and Police |
| 196 | Officers in the City of Tampa on the date this act becomes a law |
| 197 | who fails to sign said supplemental pension contract before |
| 198 | October 1, 2004, shall be forever barred from receiving said |
| 199 | benefits. However, any person who becomes a member of the City |
| 200 | Pension Fund for Firefighters and Police Officers in the City of |
| 201 | Tampa on or after the date this act becomes law shall be |
| 202 | required as a condition of membership into said Pension Fund to |
| 203 | sign a pension contract which includes the provisions of this |
| 204 | act, and shall be required to make contributions required as a |
| 205 | result of such benefits. |
| 206 | Section 4. The City of Tampa Firefighters and Police |
| 207 | Officers Pension Contract as prescribed by Section 28-17 of the |
| 208 | City of Tampa Code [Ordinance No. 4746-A, enacted September 30, |
| 209 | 1969], as amended by Section 28-19 of the City of Tampa Code |
| 210 | [Ordinance No. 6038-A, enacted September 17, 1974], pursuant to |
| 211 | chapter 74-613, Laws of Florida; as further amended by Ordinance |
| 212 | No. 89-314, enacted December 21, 1989, and approved, ratified, |
| 213 | validated, and confirmed by chapter 90-391, Laws of Florida; and |
| 214 | as further amended by chapters 92-231, 94-463, 98-515, and 2000- |
| 215 | 485, Laws of Florida, Ordinance No. 2001-133, enacted July 3, |
| 216 | 2001, chapters 2001-288 and 2002-369, Laws of Florida, and |
| 217 | Ordinance No. 2003-22, enacted January 23, 2003, is in all other |
| 218 | respects approved, ratified, validated, and confirmed. |
| 219 | Section 5. This act shall take effect upon becoming a law. |