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Fort Walton Beach Ordinance — 1837 - Restate Fire Fighters Pension Trust Fund — reading text
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3. The fund shall be distributed in accordance with the following procedures:
A. The Board shall determine the date of distribution and the asset value
required to fund all the nonforfeitable benefits after taking into account the
expenses of such distribution. The Board shall inform the City if additional
assets are required, in which event the City shall continue to financially
support the Plan until all nonforfeitable benefits have been funded.
B. The Board shall determine the method of distribution of the asset value,
whether distribution shall be by payment in cash, by the maintenance of
another or substituted trust fund, by the purchase of insured annuities, or
otherwise, for each Firefighter entitled to benefits under the plan as specified
in subsection C.
C. The Board shall distribute the asset value as of the date of termination in the
manner set forth in this subsection, on the basis that the amount required to
provide any given retirement income is the actuarially computed single -sum
value of such retirement income, except that if the method of distribution
determined under subsection B. involves the purchase of an insured annuity,
the amount required to provide the given retirement income is the single
premium payable for such annuity. The actuarial single -sum value may not
be less than the Firefighter' s Accumulated Contributions to the Plan, with
interest if provided by the Plan, less the value of any plan benefits previously
paid to the Firefighter.
D. If there is asset value remaining after the full distribution specified in
subsection C., and after the payment of any expenses incurred with such
distribution, such excess shall be returned to the City, less return to the State
of the State' s contributions, provided that, if the excess is less than the total
contributions made by the City and the State to date of termination of the
Plan, such excess shall be divided proportionately to the total contributions
made by the City and the State.
E. The Board shall distribute, in accordance with subsection B., the amounts
determined under subsection C.
If. after twentv -four (24) months after the date the Plan terminated or the date the Board
received written notice that the contributions thereunder were being permanently discontinued, the
City or the Board of the Fund affected has not complied with all the provisions in this Section, the
Florida Department of ManaLrement Services will effect the termination of the Fund in accordance
with this Section.
Page 36 of 53 Pages
SECTION HO. DOMESTIC RELATIONS ORDERS; RETIREE DIRECTED
PAYMENT-g-,-
EXEMPTION FROM EXECUTION, NON -ASSIGNABILITY.
1. Domestic relations orders.
A. Prior to the entry of any domestic relations order which affects or purports
to affect the system' s responsibility in connection with the pavment of
benetits of a retiree, the Member or retiree shall submit the proposed order
to the board for review to determine whether the system may leizally honor
B. If a domestic relations order is not submitted to the board for review prior to
entry of the order, and the system is ordered to take action that it may not
legally take, and the system expends administrative or legal fees in resolving
the matter, the Member or retiree who submits such an order will be required
to reimburse the system for its expenses in connection with the order.
2. Retiree directed payments.
The board may, upon written request by a retiree when authorized
a retiree or the retiree's beneficiarv, authorize the system to wi nthly retirement
payment those funds that are necessary to pay for the benetits being received through the city, to pay
the certified bargaining agent of the city, to make payment to insurance companies for insurance
premiums as permitted by Chapter 175, Florida Statutes, and to make any payments for child support
or alimony.
3. Exemption from execution, non- assiVab ility..
Except as otherwise provided by law, the pensions, annuities, or any other benefits accrued
or accruing to any person under the provisions of this ordinance and the accumulated contributions
and the cash securities in the Fund created under this ordinance are hereby exempted from any state,
county or municipal tax and shall not be subject to execution, attachment, garnishment or any legal
process whatsoever and shall be unassignable.
SECTION M. PENSION VALIDITY.
The Board of Trustees shall have the power to examine into the facts upon which any
pension shall heretofore have been granted under any prior or existing law, or shall hereafter be
granted or obtained erroneously, fraudulently or illegally for any reason. Said Board is empowered
to purge the pension rolls of any person heretofore granted a pension under prior or existing law or
under this ordinance if the same is found to be erroneous, fraudulent or illegal for any reason; and
to reclassify any pensioner who has heretofore under any prior or existing law or who shall hereafter
under this ordinance be erroneously, improperly or illegally classified.
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Page 37 of 53 Pages
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