Florida Senate - 2011                             (NP)    SB 752
       
       
       
       By Senator Joyner
       
       
       
       
       18-00753-11                                            2011752__
    1                        A bill to be entitled                      
    2         An act relating to the City of Tampa, Hillsborough
    3         County; amending chapter 23559, Laws of Florida, 1945,
    4         as amended; revising the General Employees’ Pension
    5         Plan for the City of Tampa; revising the definitions
    6         of the terms “Salaries or Wages,” “Employee,” and
    7         “Military Service Time”; revising application of the
    8         term “Actuarial Equivalent”; defining the term
    9         “Limitation Year”; providing that all employee
   10         contributions to the pension fund after a certain date
   11         are mandatory and that the city shall pay such
   12         contributions to the fund on behalf of the employee;
   13         providing certain beneficiaries an option to roll over
   14         certain death benefits; providing for a refund of
   15         employee contributions; revising the provision that
   16         addresses the reemployment of retired employees;
   17         revising construction of the act; allowing DROP
   18         members the opportunity to elect an investment option,
   19         as determined by the board of trustees, to be applied
   20         to the participant’s account for the plan year
   21         entering the DROP program and for each subsequent plan
   22         year; revising benefit limitations; revising
   23         requirements for distribution of benefits; providing a
   24         default distribution when a member fails to elect a
   25         distribution option; revising direct rollover options;
   26         revising the definitions of the terms “eligible
   27         rollover distribution,” “eligible rollover plan,” and
   28         “distributee”; providing an effective date.
   29  
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Subsections (A), (E), (H), and (P) of section 4,
   33  subsection (A) of section 5, subsection (B) of section 16,
   34  section 19, subsection (D) of section 22, subsections (A), (B),
   35  (D), (E), and (F) of section 24, and sections 25 and 26 of
   36  chapter 23559, Laws of Florida, 1945, as amended, are amended,
   37  and subsection (S) is added to section 4, subsection (C) is
   38  added to section 12, and subsection (C) is added to section 14
   39  of that chapter, to read:
   40         Section 4. Definitions.
   41         (A) Salaries or Wages. Salaries or Wages for the purpose of
   42  this Act shall be the base amounts earned by the Employee, plus
   43  regular longevity bonuses, overtime, and shift premiums. Salary
   44  or Wages shall also include elective amounts that are excludible
   45  from the Employee’s gross income under Sections 125 (including
   46  amounts that are not available to the Employee in cash in lieu
   47  of group health coverage because the Employee is unable to
   48  certify that he or she has other health coverage, but only if
   49  the Employer does not request or collect information regarding
   50  the Employee’s other health coverage as part of the enrollment
   51  for the health plan); 403(b) (tax-sheltered annuity); 457
   52  (Section 457 plan); and 132(f)(4) of the Internal Revenue Code
   53  of 1986, as amended, and the regulations thereunder (the
   54  “Code”). Salaries or Wages shall exclude, but exclusive of other
   55  premiums, other than shift premiums, allowances, or special
   56  payments, or any casual nonrecurring or unpredictable bonuses;
   57  payments for unused accrued bona fide sick, vacation, or other
   58  leave; payments received by an Employee pursuant to a
   59  nonqualified unfunded deferred salary or wages plan; and
   60  severance pay that is paid after an Employee severs employment
   61  with the City. However, Salaries or Wages, as defined herein,
   62  earned but not paid to the Employee by the Employee’s severance
   63  date with the City shall be considered Salary or Wages for Plan
   64  purposes. In addition to other applicable limitations set forth
   65  in the Plan, and notwithstanding any other provision of the Plan
   66  to the contrary, for Plan Years beginning on or after January 1,
   67  1996, the annual Salaries or Wages of each Employee taken into
   68  account under the Plan shall not exceed the annual compensation
   69  limit provided for in Section 401(a)(17) of the Code the Omnibus
   70  Budget Reconciliation Act of 1993 (the “OBRA 1993 Annual
   71  Compensation Limit”). The OBRA 1993 Annual Compensation Limit is
   72  $150,000, as adjusted by the Commissioner of the Internal
   73  Revenue Service for increases in the cost-of-living in
   74  accordance with Section 401(a)(17)(B) of the Internal Revenue
   75  Code of 1986, as amended (the “Code”). The cost-of-living
   76  adjustment in effect for a calendar year applies to any period,
   77  not exceeding 12 months, over which Salaries or Wages are
   78  determined (determination period) beginning in such calendar
   79  year. If a determination period consists of fewer than 12
   80  months, the OBRA 1993 Annual Compensation Limit will be
   81  multiplied by a fraction, the numerator of which is the number
   82  of months in the determination period, and the denominator of
   83  which is 12. For Plan Years beginning on or after January 1,
   84  1996, any reference in this Plan to the limitation under Section
   85  401(a)(17) of the Code shall mean the OBRA 1993 Annual
   86  Compensation Limit set forth in this provision. The limitation
   87  on Salaries or Wages for an “eligible Employee” shall not be
   88  less than the amount which was allowed to be taken into account
   89  hereunder as in effect on July 1, 1993. “Eligible Employee” is
   90  an individual who was a participant in the Plan before the first
   91  Plan Year beginning after December 31, 1995. Commencing for
   92  earnings paid the first pay date after October 1, 2005, all
   93  mandatory Employee Contributions to the Fund shall be picked up
   94  and paid by the City. Such contributions, although designated as
   95  Employee Contributions, shall be paid by the City in lieu of
   96  contributions by the Employee. The contributions so assumed
   97  shall be treated as tax-deferred Employer “pickup” contributions
   98  pursuant to Section 414(h) of the Internal Revenue Code. Members
   99  shall not have the option of receiving the contributed amounts
  100  directly instead of having such contributions paid by the City
  101  to the Fund.
  102         (E) Employee. For the purposes of this Act, “Employee”
  103  shall mean an Employee covered or qualified to be covered under
  104  either Division A or Division B of this Plan. An Employee
  105  covered by this Plan shall include all Employees, whether full
  106  time full time, part-time, or temporary, who have taken the
  107  physical examination required by Section 18. Employees whose
  108  Salaries or Wages are paid pursuant to a federal grant-in-aid
  109  program are included in this Act only when the federal
  110  government pays the employer’s contribution. Any individual who
  111  is an independent contractor, or who performs services for the
  112  City under an agreement that identifies the individual as an
  113  independent contractor, is excluded from the Plan even if a
  114  governmental agency retroactively reclassifies such individual
  115  as an Employee. Casual laborers are excluded from this
  116  definition as are employees covered by other City pension plans.
  117         (H) Military Service Time. For members rehired after leave
  118  to provide military service prior to December 12, 1994, in
  119  computing Service allowance for retirement, creditable Service
  120  shall, at the option of the Employee, include any service which
  121  interrupted employment with the Employer, not to exceed a period
  122  of 3 years, in any of the armed services of the United States
  123  during time of war, upon condition that within 90 days from the
  124  date of reinstatement of such Employee now or hereafter serving
  125  in the armed forces, or within 90 days from the effective date
  126  of this Act for those Employees already reinstated, such
  127  Employee shall exercise such option by filing written notice
  128  thereof with the Board of Trustees and, if a Division A
  129  Employee, shall within the 12 ensuing months pay into the
  130  retirement fund an amount equal to the aggregate contributions
  131  such Employee would have made had such Employee not served in
  132  the armed forces, based upon the Salary or Wages being earned at
  133  the time of entering the armed services, and if any such
  134  Employee shall fail to exercise such option within the time and
  135  in the manner hereinabove prescribed, such period of military
  136  service shall not thereafter be allowed as creditable Service,
  137  but shall not be deemed a break in such Employee’s Continuous
  138  Service eligibility period. Members rehired on or after December
  139  12, 1994, Notwithstanding the foregoing, an Employee shall be
  140  credited with service for purposes of vesting and benefit
  141  accrual under the Plan for his or her service in the uniformed
  142  service (as defined in the Uniformed Services Employment and
  143  Reemployment Rights Act of 1994, known as (the “USERR Act”) upon
  144  being granted leave by the Employer for such uniformed service
  145  and termination from employment as an Employee with the
  146  Employer, provided that the Employee must return to his or her
  147  employment as an Employee with the Employer within the time
  148  periods prescribed by the USERR Act; and must comply the
  149  Employee complies with the Employee contribution requirements
  150  prescribed by the USERR Act. The maximum service credit for
  151  uniformed service shall be 5 years or such other time period as
  152  may be prescribed by the USERR Act. Effective as of the dates
  153  reflected in the Heroes Earnings Assistance and Relief Tax Act
  154  (“HEART Act”), the Plan must comply with all applicable
  155  provisions of the HEART Act.
  156         (P) Actuarial Equivalent. The Actuarial Equivalent of an
  157  Employee’s Accrued Pension shall be determined by basing
  158  mortality on the 1983 Group Annuity Mortality Table for Males
  159  with female ages set back 6 years and post-disablement mortality
  160  upon 80 percent of the 1965 Railroad Board Ultimate Mortality
  161  Table, or such other mortality tables as are in compliance with
  162  the Code. This subsection does not apply to Plan Limitation
  163  Years beginning after December 31, 2008.
  164         (S) Limitation Year. The limitation year shall be the Plan
  165  Year.
  166         Section 5. Contributions. The Pension Fund shall consist of
  167  moneys derived from the following sources:
  168         (A) Employee Contributions. Division A Employees.
  169  Commencing for earnings paid beginning with the first pay date
  170  after January 1, 2005, all Employee contributions to the Fund
  171  shall be mandatory Employee contributions and shall be picked up
  172  and paid by the City on behalf of the member. Such contributions
  173  shall be made by Employees in an amount equal to There shall be
  174  a contribution of 7 percent of all Salaries or Wages of all
  175  Employees participating in this Fund, which shall be deducted
  176  from said Salaries or Wages by the Director of Finance, before
  177  the same are paid, as long as the Employee continues in the
  178  Service of the City of Tampa, regardless of the number of years
  179  of Service with the City. Such contributions, although
  180  designated as Employee contributions, shall be paid by the City
  181  in lieu of contributions by the Employee. The contributions so
  182  assumed shall be treated as tax-deferred Employer “pick-up”
  183  contributions pursuant to Section 414(h) of the Code. Members
  184  shall not have the option of receiving the contributed amounts
  185  directly instead of having such contributions paid by the City
  186  to the Fund.
  187         Section 12. Death Benefits.
  188         (C) When the designated beneficiary, as defined in Section
  189  401(a)(9)(E) of the Code, is not the Employee’s spouse
  190  (including, without limitation, a child, parent, or sibling),
  191  distributions made after December 31, 2006, from Division A and
  192  Division B shall be made in accordance with Section 402(c)(11)
  193  of the Code, and such designated beneficiary shall have the
  194  option to roll over all or a portion of his or her death benefit
  195  via a direct trustee-to-trustee transfer to an inherited
  196  individual retirement account, as defined in Section
  197  408(d)(3)(c) of the Code, provided such distribution meets the
  198  definition of an eligible rollover distribution as defined in
  199  Section 26 of this Act.
  200         Section 14. Refund of Contributions Contribution.
  201         (C) Refund of Employee contributions shall be paid in
  202  accordance with Section 26 of this Act.
  203         Section 16. Reemployment of Retired Employees Employee.
  204  Upon the employment of any person in Division A or Division B
  205  who shall have retired under the pension or retirement Plan and
  206  shall be receiving pension payments, such person shall resume
  207  his participation in the Plan, shall not be entitled to receive
  208  pension payments during or for the period of such additional
  209  Service, the period of such retirement shall not constitute a
  210  break in Service, and the period of such retirement shall not be
  211  allowed as creditable Service. The monthly pension payable when
  212  such officer or person is eligible to receive a pension shall
  213  consist of the sum of (A) and (B) below, provided that the total
  214  pension shall not be less than $100 per month after 25 years of
  215  Service.
  216         (A) The monthly pension he was receiving immediately prior
  217  to the commencement of his additional Service; plus
  218         (B) One and two-tenths one-tenths percent of his Average
  219  Monthly Salary at the end of his period of additional Service
  220  multiplied by the number of years of additional Service,
  221  provided, however, that this additional benefit shall not be
  222  payable before the age of 62 years.
  223         Section 19. Construction. This Act shall be liberally
  224  construed in accordance with general law and the federal tax
  225  code, and if any part or portion thereof be declared invalid, or
  226  the application thereof to any person, circumstance, or thing is
  227  declared invalid, the validity of the remainder of this Act
  228  shall not be affected thereby.
  229         Section 22. Deferred Retirement Option Program.
  230  Notwithstanding any other provisions of this Act, and subject to
  231  the provisions of this section, the Deferred Retirement Option
  232  Program, hereinafter referred to as the DROP, is an option under
  233  which an eligible member may elect, commencing on October 1,
  234  1999, to have the member’s pension benefits calculated as of a
  235  certain date prior to retirement, and accumulate benefits plus
  236  the investment return pursuant to this section during the DROP
  237  calculation period. Participation in the DROP does not guarantee
  238  employment for the DROP calculation period, as defined in this
  239  section.
  240         D. Interest and administrative costs. Interest shall
  241  accumulate annually at a rate reflecting the Fund’s net
  242  investment performance, whether positive or negative, during the
  243  DROP calculation period, less the cost of administering the
  244  DROP, all of which shall be determined by the Board of Trustees.
  245  A DROP participant shall have the opportunity to elect, as
  246  provided in this subsection, an investment option to be applied
  247  to such DROP participant’s account for the Plan Year when
  248  entering the DROP and for each subsequent Plan Year. In such
  249  election, the DROP participant shall choose to have interest
  250  accumulate annually, whether positive or negative, at either (i)
  251  a rate reflecting the Fund’s net investment performance, as
  252  determined by the Board of Trustees, or (ii) a rate reflective
  253  of a low-risk variable rate selected annually by the Board of
  254  Trustees in its sole discretion. Each election must be made at
  255  such time, on such forms, and in such manner as the Board of
  256  Trustees may determine in its sole discretion. If a DROP
  257  participant fails to make a valid election upon entering the
  258  DROP, the Fund interest rate shall be applied as provided in (i)
  259  herein. If a DROP participant fails to make a valid election in
  260  a subsequent Plan Year, the election for the then-current Plan
  261  Year shall be applied.
  262         Section 24. Limitations on Amounts of Benefits.
  263         (A) For Plan Years ending after December 31, 2001, benefits
  264  for an Employee under this Plan, when expressed as a benefit
  265  payable annually in the form of a straight life annuity without
  266  regard to the death benefit or any other ancillary benefit,
  267  shall not at any time within the limitation year exceed the
  268  limits provided under Section 415(b) of the Code $90,000.
  269         (B)1. The $90,000 limitation set forth in subsection (A)
  270  shall be actuarially reduced in accordance with regulations
  271  prescribed by the Secretary of the Treasury for any retirement
  272  benefit that may begin before an Employee attains age 62, by
  273  adjusting such benefit so that it is equivalent to such a
  274  benefit beginning at age 62. For Plan Years ending before
  275  January 1, 2002, and repealed for Plan Years ending thereafter,
  276  the reduction shall not reduce the $90,000 limitation set forth
  277  in subsection (A) to less than (a) $75,000 if the benefit begins
  278  at or after age 55, or (b) if the benefit begins before age 55,
  279  the equivalent of the $75,000 limitation for age 55.
  280         2. If any retirement benefit begins after the Employee
  281  attains age 65, the $90,000 limitation set forth in subsection
  282  (A) shall be adjusted (based upon an interest rate assumption of
  283  5 percent) in accordance with regulations prescribed by the
  284  Secretary of the Treasury, by adjusting such benefit so that it
  285  is equivalent to such benefit beginning at age 65.
  286         (D) In accordance with Section 415(b)(5) of the Code, the
  287  $90,000 limitation in subsection (A), and the limitation in
  288  subsection (C), shall be multiplied by a fraction (not in excess
  289  of 1), the numerator of which is the number of the Employee’s
  290  years of Service in the Plan (in the case of the $90,000
  291  limitation set forth in subsection (A)) or the number of the
  292  Employee’s years of Service (in the case of the limitation set
  293  forth in subsection (C)) and the denominator of which, in either
  294  case, is 10.
  295         (E) As of January 1 of each calendar year, the $90,000
  296  limitation set forth in subsection (A) shall be adjusted as and
  297  if permitted by the Secretary of the Treasury, and any such
  298  adjusted limitation shall become effective as the maximum dollar
  299  limitation under the Plan for that calendar year. The maximum
  300  dollar limitation for a calendar year, as so adjusted, shall
  301  apply to limitation years ending with or within such calendar
  302  year.
  303         (F) The following is repealed for Plan Limitation Years
  304  beginning after December 31, 1999:
  305         1. In the event that any Employee participates in both a
  306  defined benefit plan and a defined contribution plan maintained
  307  by the City, then the sum of the Defined Benefit Plan Fraction
  308  (as defined in Section 415(e) of the Code) and the Defined
  309  Contribution Plan Fraction (as defined in Section 415(e) of the
  310  Code) for any limitation year shall not exceed 1.0.
  311         2. In the event that the sum of the Defined Benefit Plan
  312  Fraction and the Defined Contribution Plan Fraction exceeds 1.0,
  313  then the Board of Trustees shall take such actions, applied in a
  314  uniform and nondiscriminatory manner, as will keep the benefits
  315  and annual additions thereto for such Employees from exceeding
  316  these limits. Adjustments shall be made to this Plan before any
  317  adjustments shall be required to any other plans.
  318         Section 25. Latest Date of Commencement of Benefits
  319  Required Distributions. The distribution of a member’s benefit
  320  shall be made in accordance with the following requirements, and
  321  shall otherwise comply with Section 401(a)(9) of the Code and
  322  the regulations thereunder, as prescribed by the Commissioner in
  323  Revenue Rulings, Notices, and other guidance published in the
  324  Internal Revenue Bulletin, to the extent that said provisions
  325  apply to governmental plans under Section 414(d) of the Code.
  326  The distribution provisions of Section 401(a)(9) of the Code
  327  shall override any distribution options in the Plan inconsistent
  328  with Section 401(a)(9) of the Code:
  329         (A) Any benefit paid to a member an Employee shall commence
  330  not later than the last to occur of:
  331         1. April 1 of the year following the calendar year in which
  332  the member Employee retires; or
  333         2. April 1 of the year immediately following the calendar
  334  year in which the member Employee reaches age 70 1/2.
  335         (B) Distributions of members’ benefits will be made in
  336  accordance with Sections 1.401(a)(9)-2. through 1.401(a)(9)-9.
  337  of the Code and such other rules thereunder as may be prescribed
  338  by the Secretary of the Treasury, to the extent that said
  339  provisions apply to governmental plans under Section 414(d) of
  340  the Code.
  341         (B) In the case of a benefit payable by reason of an
  342  Employee’s retirement or other termination of employment, in no
  343  event shall payment extend beyond the life or life expectancy of
  344  the Employee or the joint lives or life expectancies of the
  345  Employee and the Employee’s designated beneficiary. In the case
  346  of an Employee who is receiving his or her pension benefit as of
  347  the date of his or her death, the survivor portion of the
  348  Employee’s pension benefit shall be paid at least as rapidly as
  349  under the method being used prior to the Employee’s death.
  350         (C) Notwithstanding anything contained herein to the
  351  contrary, payments under the Plan to a Beneficiary due to a
  352  member’s death shall satisfy the incidental death benefit
  353  requirements and all other applicable provisions of Section
  354  401(a)(9)(G) of the Code, the regulations issued thereunder
  355  (including Section 1.401(a)(9)-2 of the proposed Treasury
  356  regulations), and such other rules thereunder as may be
  357  prescribed by the Secretary of the Treasury, including IRS
  358  Notice 2007-7, to the extent that said provisions apply to
  359  governmental plans under Section 414(d) of the Code.
  360         Section 26. Direct Rollovers.
  361         (A) This section applies to distributions made on or after
  362  January 1, 1993. Notwithstanding any provision of the Plan to
  363  the contrary that would otherwise limit a distributee’s (as
  364  defined below) election under this section, a distributee may
  365  elect, at the time and in the manner prescribed by the
  366  Commissioner of the Internal Revenue Service, to have any
  367  portion of an eligible rollover distribution (as defined below)
  368  paid directly to an eligible retirement rollover plan (as
  369  defined below) specified by the distributee in a direct rollover
  370  (as defined below). If a member fails to elect a distribution
  371  option as provided under Sections 14 and 22 of this Act, then
  372  such member’s benefit shall be rolled over to an individual
  373  retirement account designated by the Board of Trustees, as
  374  defined in Section 6.
  375         (B) For purposes of this section, the following terms shall
  376  have the following meanings:
  377         1. An “eligible rollover distribution” is any distribution
  378  of all or any portion of the balance to the credit of the
  379  distributee, except that an eligible rollover distribution does
  380  not include: any distribution that is one of a series of
  381  substantially equal periodic payments (not less frequently than
  382  annually) made for the life (or life expectancy) of the
  383  distributee or the joint lives (or joint life expectancies) of
  384  the distributee and the distributee’s designated beneficiary, or
  385  for a specified period of 10 years or more; any distribution to
  386  the extent such distribution is required under Section 401(a)(9)
  387  of the Code;, and the portion of any distribution that is not
  388  includable in gross income (determined without regard to the
  389  exclusion for net unrealized appreciation with respect to
  390  employer securities). Notwithstanding the above, a portion of a
  391  distribution shall not fail to be an “eligible rollover
  392  distribution” merely because the portion consists of after-tax
  393  voluntary Employee contributions that are not includable in
  394  gross income. However, such portion may be transferred only to
  395  an individual retirement account or annuity described in Section
  396  408(a) or (b) of the Code or to a qualified defined contribution
  397  plan described in Section 401(a) or 403(a) of the Code that
  398  agrees to separately account for amounts transferred, including
  399  separately accounting for the portion of such distribution that
  400  is includable in gross income and the portion of such
  401  distribution that is not so includable.
  402         2. An “eligible retirement rollover plan” is an individual
  403  retirement account described in Section 408(a) of the Code, an
  404  individual retirement annuity described in Section 408(b) of the
  405  Code, other than an endowment contract; an annuity plan
  406  described in Section 403(a) of the Code, or a qualified trust
  407  (an employees’ trust) described in Section 401(a) of the Code
  408  that is exempt from tax under Section 501(a) of the Code; an
  409  annuity plan described in Section 403(a) of the Code; an
  410  eligible plan under Section 457(b) of the Code that is
  411  maintained by a state, a political subdivision of a state, or
  412  any agency or instrumentality of a state or political
  413  subdivision and that agrees to separately account for amounts
  414  transferred into such plan from this Plan; or an annuity
  415  contract described in Section 403(b) of the Code that accepts
  416  the distributee’s eligible rollover distribution. However, in
  417  the case of an eligible rollover distribution to the surviving
  418  spouse, an eligible retirement rollover plan is an individual
  419  retirement account or individual retirement annuity.
  420         3. A “distributee” includes the member or former member an
  421  Employee or former employee. In addition, the member’s
  422  Employee’s or former member’s employee’s surviving spouse and
  423  the member’s Employee’s or former member’s employee’s spouse or
  424  former spouse who is the alternate payee under a qualified
  425  domestic relations order, as defined in Section 414(p) of the
  426  Code, are distributees with regard to the interest of the spouse
  427  or former spouse.
  428         4. A “direct rollover” is a payment by the Plan to the
  429  eligible retirement plan specified by the distributee.
  430         Section 2. This act shall take effect October 1, 2011.