| 1 | A bill to be entitled |
| 2 | An act relating to the City of Orlando Firefighter Pension |
| 3 | Fund, Orange County; amending chapter 23444, Laws of |
| 4 | Florida, 1945, as amended; providing definitions of "legal |
| 5 | guardian" and "guardians of said issue"; clarifying the |
| 6 | amount of certain disability pension; providing that |
| 7 | surviving spouses and other beneficiaries are entitled to |
| 8 | cost of living increases upon the death of eligible |
| 9 | firefighters; approving ordinances enacted by the City of |
| 10 | Orlando concerning the firefighter pension plan; |
| 11 | incorporating applicable federal and state laws into the |
| 12 | firefighter pension plan; providing that sections 112.60- |
| 13 | 112.67, Florida Statutes, prevail in the event of any |
| 14 | conflict; providing that the act is contingent upon a |
| 15 | collective bargaining agreement; providing retroactive |
| 16 | effect; providing effective dates. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Section 2 of chapter 23444, Laws of Florida, |
| 21 | 1945, as amended by chapters 73-573 and 2000-448, Laws of |
| 22 | Florida, and by City of Orlando Ordinance 33874, enacted June |
| 23 | 18, 2001, is amended to read: |
| 24 | Section 2. Employees included. |
| 25 | Members of said Fire Department shall be construed as |
| 26 | including all officers and firefighters regularly employed in |
| 27 | said department, and whose employment shall be regular and |
| 28 | continuous and not of a temporary character, provided, however, |
| 29 | the secretaries, stenographers and switchboard operators shall |
| 30 | not be covered by the provisions of this Act. For the purpose of |
| 31 | this Act the term "widow" shall include widower; the term "wife" |
| 32 | shall include "husband"; the term "mother" shall include |
| 33 | "father"; reference to the masculine pronoun shall include the |
| 34 | feminine and vice versa; the term "issue" shall include a |
| 35 | member's natural and adopted children as well as children in |
| 36 | gestation; and the terms "legal guardian" or "guardians of said |
| 37 | issue" shall include a court-appointed guardian of the property |
| 38 | of said issue or a trustee of a trust of which said issue is a |
| 39 | beneficiary. Further provided that members who are DROP |
| 40 | participants will no longer be participants in this fund, nor |
| 41 | eligible for any benefits hereunder. |
| 42 | Section 2. Section 9 of chapter 23444, Laws of Florida, |
| 43 | 1945, as amended by City of Orlando Ordinance 0801141004, |
| 44 | enacted January 1, 2008, is amended to read: |
| 45 | Section 9. Permanent disability pension; in line of duty. |
| 46 | Any active member of the fire department who shall become |
| 47 | permanently and totally disabled, if the disability is directly |
| 48 | caused by and attributable to the performance of duty as a |
| 49 | member of the department, shall be entitled to a pension of a |
| 50 | monthly sum of 80 percent of the member's average monthly |
| 51 | salary; provided, however, a member who has completed 40 years |
| 52 | of credited service shall be entitled to receive an additional 2 |
| 53 | percent over the 80 percent for each year of credited service in |
| 54 | excess of 40 years of credited service but not to exceed 100 |
| 55 | percent money equivalent to that sum of money which said member, |
| 56 | whether or not properly qualified, would have been entitled to |
| 57 | elect as a monthly pension for twenty-five (25) years of service |
| 58 | under amended Section 12 of this act. The phrase "permanently |
| 59 | and totally disabled" shall be construed to mean and include the |
| 60 | loss of one or more limbs, loss of sight in one or both eyes, |
| 61 | loss of hearing in one or both ears and any other condition |
| 62 | which renders the member unfit to perform the required duties of |
| 63 | the member's rank held at the time of impairment. Upon the death |
| 64 | of the member on said disability pension provided in this |
| 65 | section, benefits shall be paid as follows: |
| 66 | (1) If a member has not elected and started receipt of the |
| 67 | Section 34(1)(a) life with ten (10) years certain form of |
| 68 | payment, or the Section 34(1)(b) life only form of payment, or |
| 69 | the Section 34(1)(c) joint pensioner form of payment, benefits |
| 70 | shall be paid pursuant to Section 14, "Benefits Payable Upon |
| 71 | Death of Member", to the surviving spouse and issues under the |
| 72 | age of eighteen (18), or dependent parents, and Section 35, "10 |
| 73 | Year Certain Guarantee", if applicable. |
| 74 | (2) If a member has elected and started receipt of the |
| 75 | Section 34(1)(a) life with ten (10) years certain form of |
| 76 | payment and the member has not received 120 monthly payments, |
| 77 | then benefits otherwise payable to the member shall be paid |
| 78 | pursuant to Section 32, "Beneficiaries", for the remainder of |
| 79 | the 120 monthly payments beginning on the first day of the month |
| 80 | immediately following the member's death regardless of the age |
| 81 | of the deceased member. If the firefighter makes this election, |
| 82 | no benefits shall be paid pursuant to Section 14(5)(b) or |
| 83 | Section 14(5)(d) to the surviving spouse, issue in being under |
| 84 | the age of eighteen (18), or dependent parents. Provided |
| 85 | however, the firefighter may designate as beneficiaries the |
| 86 | surviving spouse, issue in being under the age of eighteen (18), |
| 87 | or dependent parents to receive the remainder of the 120 monthly |
| 88 | payments. |
| 89 | (3) If a member has elected and started receipt of the |
| 90 | Section 34(1)(b) life only form of payment, no further payments |
| 91 | shall be made upon the death of the member. |
| 92 | (4) If a member has elected and started receipt of the |
| 93 | Section 34(1)(c) joint pensioner form of payment, benefits shall |
| 94 | be paid as provided therein. |
| 95 |
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| 96 | Notwithstanding anything that may be to the contrary in this |
| 97 | act, at age forty-seven (47), a member then receiving benefits |
| 98 | under this section may make the election provided in Section |
| 99 | 12(1) or Section 12(2) as the case may be and Section 18, all of |
| 100 | this act (Laws of Fla. ch. 23444(1945), as amended) in the |
| 101 | manner therein specified, provided he is qualified by length of |
| 102 | service prior to the disability and provided he makes the |
| 103 | election within the thirty-day period after reaching age forty- |
| 104 | seven (47). If the election is exercised in favor of the |
| 105 | pension, the pension shall be based only on service and salary |
| 106 | earned prior to the date of disability. If the election is |
| 107 | exercised, all of the member's rights and the rights of the |
| 108 | member's surviving spouse and issue, and dependent parents under |
| 109 | Section 14 shall cease. |
| 110 | Section 3. Subsection (2) is added to section 19 of |
| 111 | chapter 23444, Laws of Florida, 1945, as amended by chapter |
| 112 | 2000-448, Laws of Florida, to read: |
| 113 | Section 19. Cost of living increase. |
| 114 | (2) Those persons who are eligible to receive monthly |
| 115 | retirement benefits upon the death of a firefighter who was |
| 116 | eligible for cost of living increases pursuant to chapter 88- |
| 117 | 518, chapter 89-459, or chapter 2000-448, Laws of Florida, shall |
| 118 | upon the death of the firefighter receive the appropriate |
| 119 | percentage of the firefighter's monthly retirement benefit, |
| 120 | including the percentage of cost of living increases previously |
| 121 | awarded, and shall receive future percentage cost of living |
| 122 | increases at the same time the deceased firefighter would have |
| 123 | received the cost of living increases but for the death of the |
| 124 | firefighter. The cost of living increases percentage previously |
| 125 | received by the firefighter and the cost of living increases |
| 126 | percentage awarded after the firefighter's death shall be |
| 127 | applied to such person's monthly retirement benefit. |
| 128 | Section 4. City of Orlando Ordinance 33723, enacted April |
| 129 | 16, 2001, relating to tax qualification of the plan under the |
| 130 | Internal Revenue Code, City of Orlando Ordinance 33874, enacted |
| 131 | June 18, 2001, and City of Orlando Ordinance 0801141004, enacted |
| 132 | January 1, 2008, relating to minimum benefits and minimum |
| 133 | standards required by chapter 99-1, Laws of Florida, are hereby |
| 134 | approved, ratified, validated, and confirmed, and shall be |
| 135 | considered part of chapter 23444, Laws of Florida, 1945, as |
| 136 | amended. |
| 137 | Section 5. Section 26 is added to chapter 23444, Laws of |
| 138 | Florida, 1945, as amended, to read: |
| 139 | Section 26. Applicable federal and state laws. |
| 140 | (1) The applicable provisions of federal and state law now |
| 141 | existing or as they may exist in the future are incorporated |
| 142 | herein by reference, except for provisions of applicable law |
| 143 | which are permissive or not preemptive and not authorized |
| 144 | herein. The board of trustees is hereby authorized to adopt |
| 145 | written rules setting forth the specifics of applicable |
| 146 | mandatory provisions of federal and state laws as they now exist |
| 147 | or may exist in the future. Applicable mandatory provisions of |
| 148 | federal and state laws include, but are not limited to, the |
| 149 | following: |
| 150 | (a) Applicable provisions of the Internal Revenue Code, |
| 151 | including, but not limited to, ss. 401(a)(17) and 415 of the |
| 152 | Internal Revenue Code. |
| 153 | (b) The Uniformed Services Employment and Reemployment |
| 154 | Rights Act, chapter 43 of Title 38 U.S.C., relating to military |
| 155 | service. |
| 156 | (c) Chapter 61, Florida Statutes, including, but not |
| 157 | limited to, income deduction orders. |
| 158 | (d) Section 112.18, Florida Statutes, concerning |
| 159 | presumptions for certain conditions relative to disability. |
| 160 | (e) Section 112.181, Florida Statutes, relating to special |
| 161 | provisions relative to certain communicable diseases. |
| 162 | (f) Section 112.3173, Florida Statutes, relating to |
| 163 | forfeiture of retirement benefits. |
| 164 | (g) Part III of chapter 112, Florida Statutes, relating to |
| 165 | the Code of Ethics for Public Officers and Employees. |
| 166 | (h) Part VII of chapter 112, Florida Statutes, the Florida |
| 167 | Protection of Public Employee Retirement Benefits Act. |
| 168 | (i) Section 112.661, Florida Statutes, relating to |
| 169 | investment policies. |
| 170 | (j) Chapter 119, Florida Statutes, relating to public |
| 171 | records. |
| 172 | (k) Section 175.071, Florida Statutes, relating to the |
| 173 | general powers and duties of the board of trustees. |
| 174 | (l) Section 175.195, Florida Statutes, relating to false, |
| 175 | misleading, or fraudulent statements made to obtain public |
| 176 | retirement benefits. |
| 177 | (m) Section 175.221, Florida Statutes, relating to lump- |
| 178 | sum payment of small retirement income. |
| 179 | (n) Section 175.231, Florida Statutes, relating to the |
| 180 | presumption that certain diseases of firefighters were suffered |
| 181 | in the line of duty. |
| 182 | (o) Section 175.241, Florida Statutes, relating to |
| 183 | exemption from tax and execution. |
| 184 | (p) Subsections 215.47(1)-(8), (10), and (16), Florida |
| 185 | Statutes, concerning authorized investments. |
| 186 | (q) Section 286.0105, Florida Statutes, relating to |
| 187 | notices of meetings and hearings. |
| 188 | (r) Section 286.011, Florida Statutes, relating to public |
| 189 | meetings. |
| 190 | (s) Section 286.012, Florida Statutes, relating to voting |
| 191 | requirements. |
| 192 | (2) To the extent that any provisions of chapter 23444, |
| 193 | Laws of Florida, 1945, as amended, conflict with sections |
| 194 | 112.60-112.67, Florida Statutes, or to the extent that any |
| 195 | provision of chapter 23444, Laws of Florida, 1945, as amended, |
| 196 | would result in the loss of tax exempt status of the City of |
| 197 | Orlando Firefighter Pension Fund, the Board of Trustees is |
| 198 | hereby delegated the authority to adopt by rule changes to |
| 199 | chapter 23444, Laws of Florida, 1945, as amended, in order to |
| 200 | comply with said laws, which rules shall have the force of law |
| 201 | and shall be considered part of chapter 23444, Laws of Florida, |
| 202 | 1945, as amended. |
| 203 | Section 6. This act is only an enabling act and is |
| 204 | contingent upon contractual agreement through the collective |
| 205 | bargaining process between the City of Orlando and the |
| 206 | respective certified bargaining agent for firefighters employed |
| 207 | by the City of Orlando. |
| 208 | Section 7. This section shall take effect upon becoming a |
| 209 | law; section 1 shall take effect July 1, 2008; section 3 shall |
| 210 | be effective retroactive to July 1, 1988; sections 2 and 4 shall |
| 211 | be effective retroactive to January 1, 2008; and sections 5 and |
| 212 | 6 shall take effect July 1, 2008. |