Fort Walton Beach Ordinance — 1837 - Restate Fire Fighters Pension Trust Fund — reading text

f • • • SECTIONSECTION 22.22. MILITARYMILITARY SERVICESERVICE PRIORPRIOR TOTO EMPLOYMENT.EMPLOYMENT. TheThe timetime thatthat aa FirefighterFirefighter servesserves oror hashas servedserved onon activeactive dutyduty inin thethe militarymilitary serviceservice ofof thethe ArmedArmed ForcesForces ofof thethe UnitedUnited States,States, thethe UnitedUnited StatesStates Merchant Merchant MarineMarine oror thethe UnitedUnited StatesStates CoastCoast Guard,Guard, voluntarilyvoluntarily oror involuntarily involuntarily andand honorablyhonorably oror underunder honorable honorable conditions,conditions, priorprior toto firstfirst andand initialinitial employmentemployment withwith thethe CityCity FireFire DepartmentDepartment shallshall bebe addedadded toto hishis yearsyears ofof CreditedCredited ServiceService providedprovided that:that: A.A. TheThe MemberMember contributescontributes toto thethe FundFund thethe sumsum thatthat hehe wouldwould havehave contributedcontributed hadhad hehe beenbeen aa MemberMember ofof thethe PlanPlan forfor thethe yearsyears oror fractionalfractional partsparts ofof yearsyears forfor whichwhich hehe isis requestingrequesting creditcredit plusplus amountsamounts actuariallyactuarially determineddetermined suchsuch thatthat thethe creditingcrediting ofof serviceservice doesdoes notnot resultresult inin anyany costcost toto thethe FundFund plusplus paymentpayment ofof costscosts forfor allall professional professional servicesservices renderedrendered toto thethe BoardBoard inin connectionconnection withwith thethe purchase purchase ofof yearsyears ofof CreditedCredited Service.Service. B.B. MultipleMultiple requests requests toto purchase purchase CreditedCredited ServiceService pursuant pursuant toto thisthis SectionSection maymay bebe mademade atat anyany timetime priorprior toto Retirement,Retirement, - - t.-to t.- to purchasepurchase ofof eredited eredited ServiceService forfor aa periodperiod ofof lessless thanthan oneone ( ( ff)) yearyear isis permitted.permitted. C.C. PaymentPayment byby thethe MemberMember ofof thethe requiredrequired amountamount shallshall bebe mademade withinwithin sixsix( ( 6)6) monthsmonths ofof hishis requestrequest forfor credit,credit, butbut notnot laterlater thanthan thethe retirementretirement date,date, andand shallshall bebe mademade inin oneone( ( 1)1) lumplump sumsum paymentpayment uponupon receiptreceipt ofof whichwhich Credited Credited ServiceService shallshall bebe given.given. PagePage 3838 ofof 5353 PagesPages  D. The maximum credit under this Section when combined with Credited Service purchased for prior fire service with an employer other than the City of Fort Walton Beach shall be five (5) years. E. Credited Service purchased pursuant to this Section shall count for all purposes, except vesting and eligibility for not -in -line of duty disability benefits. SECTION 23. PRIOR FIRE SERVICE. Unless otherwise prohibited by law, and except as provided for in Section 1, the time that a Member previously served as a full -time Firefighter with the City during a period ofprevious employment and for which period Accumulated Contributions were withdrawn from the Fund, or the time that a Member served as a Firefighter for any other municipal, county, state or special district fire, department in the United St State of Florida shall be added to his years of Credited Service provided that: A. The Member contributes to the Fund the sum that he would have contributed had he been a Member of the Stem Plan for the time for which he is requesting credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the Fund plus payment of costs for all professional services rendered to the Board in connection with the purchase of years of Credited Service. B. Multiple requests to purchase Credited Service pursuant to this Section may be made at any time prior to Retirement for a period of less than one ( 1) year is permitted. C. Payment by the Member of the required amount shall be made within six (6) months of his request for credit, but not later than the retirement date, and shall be made in one ( 1) lump sum payment upon receipt of which Credited Service shall be given. D. The maximum credit under this Section for service other than with the City of Fort Walton Beach when combined with Credited Service purchased for Military Service Prior to Employment shall be five ( 5) years of Credited Service and shall count for all purposes, except vesting and eligibility for not -in -line of duty disability benefits. There shall be no maximum purchase of credit for prior service with the City of Fort Walton Beach and such credit shall count for all purposes, including vesting. E. In no event, however, may Credited Service be purchased pursuant to this Section for prior service with any other municipal, county or special district fire department, if such prior service forms or will form the basis of a retirement benefit or pension from a different employer's retirement system or plan as set forth in Section X15, subsection ( ft)- 11. B. F. For purposes of determining credit for prior service as a Firefighter as provided for in this Section, in addition to service as a Firefighter in this State, credit may be .Riven for federal, other state, county or municipal service Page 39 of 53 Pages  if the prior service is recognized by the Division of State Fire Marshal, as provided under Chapter 633, Florida Statutes, or the Firefighter provides proof to the Board that such service is equivalent to the service required to meet the definition of a Firefighter under Section 1. SECTION 24. FORFEITURE OF PENSION. 1. Any Firefighter who is convicted of the following offenses committed prior to retirement, or whose employment is terminated by reason of his admitted commission, aid or abetment of the following specified offenses shall forfeit all rights and benefits under this Pension Fund, except for the return of his accumulated contributions as of the date of his termination. Specified offenses are as follows: A. The committing, aiding or abetting of an embezzlement of public funds; B. The committing, aiding or abetting of any theft by a public officer or employee from his employer; C. Bribery in connection with the employment of a public officer or employee; D. Any felony specified in Chapter 838, Florida Statutes, E. The committing of an impeachable offense; is F. The committing of any felony by a public officer or employee who, willfully and with intent to defraud the public or the public agency for which he acts or in which he is employed of the right to receive the faithful performance of his duty as a public officer or employee, realizes or obtains or attempts to obtain a profit, gain, or advantage for himself or for some other person through the use or attempted use of the power, rights, privileges, duties or position of his public office or employment position; or G. The committing on or after October 1, 2008, of any felony defined in Section 800.04, Florida Statutes, against a victim younger than sixteen ( 16) years of age, or any felony defined in Chapter 794, Florida Statutes, against a victim younger than eighteen 18) years of age, by a public officer or employee through the use or attempted use of power, rights, privileges, duties, or position of his or her public office or emplovment position. 2. Conviction shall be defined as follows.* an adjudication of guilt by a court of competent jurisdiction; a plea of guilty or a nolo contendere; a jury verdict of guilty when adjudication of guilt is withheld and the accused is placed on probation; or a conviction by the Senate of an impeachable offense. B- 3. Court shall be defined as follows. A any state or federal court of competent jurisdiction which is exercising its jurisdiction to consider a proceeding involving the alleged commission of a specified offense. Prior to forfeiture, the Board of Trustees shall hold a hearing on which notice shall be given to the Member whose benefits are being considered for forfeiture. Said Member shall be afforded the right to have an attorney present. No formal rules of evidence shall apply, but the Member shall be afforded a full opportunity to present his case against forfeiture. Page 40 of 53 Pages  34. Any Member who has received benefits from the Plan in excess of his accumulated contributions after his rights were forfeited shall be required to pay back to the Fund the amount of the benefits received in excess of his accumulated contributions. The Board of Trustees may implement all legal action necessary to recover such funds. 45. Conviction and Forfeiture; False, Misleading or Fraudulent Statements. A. It is unlawful for a person to willfully and knowingly make, or cause to be made, or to assist, conspire with, or urge another to make, or cause to be made, any false, fraudulent, or misleading oral or written statement or withhold or conceal material information to obtain any benefit from the Plan. B. A person who violates subsection A. Commits a misdemeanor of the first