Fort Walton Beach Council agenda — 10-12-2006 ‎(regular)‎ — reading text

on, or created after, the effective date of this act. For any municipality, chapter plan, local law municipal- October 1, . 14) " Retirement" me ns a police officer's separa- ity. or local law plan under this chapter: take whatev tion from city employment s a police officer with imme- ( 1) In each municipality described in s. 185. 03 amount of as hereby created a board of trustees of ~ e diate eligibility for receipt beneflts under the plan. For there is or police affic retirement trust fund, whICh purposes of a plan that incl des a Deferred Retirement municipal police officers' assets shall be solely responsible for administering the trust Option Plan ( DROP), " retir menf means the date a shall contributions fund. Effective October 1, 1986, and thereafter: police officer police officer enters the DR lor 15) " Supplemental plan" ( a) The membership of the board of trustees investment ir shall consist of five members, two of such money~ deposits of the premium tax oneys as provided in s. chapter plans be 185. 08 are made to provide ext benefits to police offi- whom, unless otherwise prohibited by law, shall fished retiren who shall .be cers, or police officers and firefl hters where included, legal residents of the municipality, With respect under this chapter. Such a plan i an element of a local appointed by the legislative body of the municipality. law plan on . and two of whom shall be police officers as defined 10 law plan and exists in conjunction ith a defined benefit of the shall permit t plan that meets the minimum be efits and minimum s. 185. 02 who shall be elected by a majority standards of this chapter. active police officers who are members of such plan. age of police 1586  Whenever the active police officer merPhership spect to any chapter plan or local law plan that, c) officers te' If a closed chapter plan or closed local law pi, pro- Jary 1, 1997, allowed retired police elections, retirees continue to vote ir ided in s. 185. 38 falls below 10, an active Jfficer such may pofi,,~ 3ctions. The fifth member shall be chosen by a member seat may be held by either a retired police offi- of the previous four members, and such per- cer or an active officer member of the plan who police me shall be submitted to the legislative body of is elected by the active and retired members of the ipality. Upon receipt of the fifth person' s plan. If there are no active or retired police officers gislative body of the municipality shall, as remaining in the plan or capable of serving, the remain- juty, appoint such person to the board of ing board members may elect an individual to serve in a", its fifth member. The fifth member shall the active police officer member seat. Upon receipt of same rights as each of the other four mem- such person' s name, the legislative body of the munici- pointed or elected as herein provided, shall pality shall, as a ministerial duty, appoint such person trustee for a period of 2 years, and may suc- to the board of trustees. This paragraph applies only to lself or herself in office. Each resident member those plans that are closed to new members under s. ve as trustee for a period of 2 years, unless 185. 38(2), and does not apply to any other municipality 3placed by the legislative body at whose pleas- having a chapter or local law plan. nember shall serve, and may succeed himself d) If the chapter plan or local law plan with an f as a trustee. Each police officer member shall active membership of 10 or more is closed to new trustee for a period of 2 years, unless he or members, the member seats may be held by either a 1er leaves the employment of the municipality retiree, as defined in s. 185. 02, or an active police offi- ce officer, whereupon the legislative body of cer of the plan who has been elected by the active cipa!ity shall choose a successor in the same police officers. A closed plan means a plan that is s an original appointment. Each police officer closed to new members but continues to operate, pur- eed himself or herself in office. suant to s. 185. 38( 2), for participants who elect to he membership of boards of trustees for local remain in the existing plan. This paragraph applies only shall be as follows: to those plans that are closed to new members pursu- a municipality has a pension plan for police ant to s. 185. 38( 2) and does not apply to any other nly, the provisions of paragraph ( a) shall municipality that has a chapter plan or a local law plan. 2) The trustees shall by majority vote elect from its a municipality has a pension plan for police members a chair and a secretary. The secretary of the nd firefighters, the provisions of paragraph ( a) board shall keep a complete minute book of the Iy, except that one member of the board shall actions, proceedings, or hearings of the board. The ice officer as defined in s. 185. 02 and one trustees shall not receive any compensation as such, shalf be a firefighter as defined in s. 175. 032, but may receive expenses and per diem as provided by lely, elected by a majority of the active Florida law. s and police officers who are members of the 3) The board of trustees shall meet at least quar- terly each year. oard of trustees operating a local law plan 4) Each board of trustees shall be a legal entity 1, which is combined with a plan for gen- that shall have, in addition to other powers and respon- shall hold an election of the police ofti- sibilities contained herein, the power to bring and ollce officers and firefighters if included, to defend lawsuits of every kind, nature, and description. whether a plan is to be established for police 5) In any judicial proceeding or administrative pro- lly, or for police officers and firefighters where ceeding under chapter 120 brought under or pursuant Based on the election results, a new board to the provisions of this chapter, the prevailing party stablished as provided in subparagraph 1. or shall be entitled to recover the costs thereof, together raph 2., as appropriate. The municipality shall with reasonable attorney' s fees. ordinance to implement the new board by 6) The board of trustees may, upon written request I, 1999. The newly established board shall retiree of the plan, or by a dependent, when by the tever action is necessary to determine the authorized by the retiree or the retiree' s beneficiary, assets which is attributable to police officers, authorize the plan administrator to withhold from the fficers and firefighters where included. Such monthly retirement payment those funds that are nec- all include all employer, employee, and state essary to pay for the benefits being received through ns made by or on behalf of police officers, or the governmental entity from which the employee ers and firefighters where included, and any retired, to pay the certified bargaining agent of the gov- 1t income derived from such contributions. All ernmental entity, and to make any payments for child eys shall be transferred into the newly estab- rement plan, as directed by the board. support or alimony. 7) The provisions of this section may not be 9ct to any board of trustees operating a local altered by a participating municipality operating a chap- n June 30, 1986, nothing in this paragraph ter or local law plan under this chapter. History.-s.2. ell. 28230. ' 953; s. 2. ch. 59-320: s. 2. ch. 6' -, , 9; s. 4. ch. lit the reduction of the membership percent- 42: s. 41. ell. 93- 193; s. 940. ch. 95-147; s. 45. ch. 99-1. s. 6. ch. 2002- 66; s.