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Fort Walton Beach Ordinance — 1837 - Restate Fire Fighters Pension Trust Fund — reading text
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SECTION 14. ROSTER OF RETIREES.
The Secretary of the Board shall keep a record of all persons enjoying a pension under the
provisions of this Ordinance in which it shall be noted the time when the pension is allowed and
when the same shall cease to be paid. Additionally, the Secretary shall keep a record of all Members
Page 20 of 53 Pages
employed by the Municipality in such a manner as to show the name, address, date of employment
and date such employment is terminated.
SE - TIO r 15. BOARD ATTORNEY AND pRoFrSSff) N r c
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advisors as the board deerns necessary.
SECTION 16 5. MAXIMUM PENSION.
f. Basic fzitnftation:
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Page 21 of 53 Pages
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1. Basic Limitation.
Notwithstanding any other provisions of this Plan to the contrary, the Member
contributions paid to, and retirement benefits paid from, the Plan shall be limited to such extent as
may be necessary to conform to the requirements of Code Section 415 for a qualified retirement
plan Before January 1, 1995, a plan Member may not receive an annual benefit that exceeds the
limits specified in Code Section 415( b), subject to the applicable adjustments in that section. On
and after January 1, 1995, a plan Member may not receive an annual benefit that exceeds the dollar
amount specified in Code Section 415 (b)( 1)( A) ($160, 000), subject to the applicable adjustments
in Code Section 415( b) and subject to any additional limits that may be specified in this Plan. For
purposes of this Section, " limitation year" shall be the calendar year.
2. Adjustments to Basic Limitation for Form of Benefit.
If the form of benefit without regard to any benefit increase feature is not a straight
life annuity, then the Code Section 415( b) limit applicable at the annuity starting date is reduced to
an actuarially equivalent amount ( determined using the assumptions specified in Treasury
Regulation Section 1. 415 (b)- 1 ( c)( 2)( ii)) that takes into account the death benefits under the form of
benefit.
3. Benefits Not Taken into Account.
For purposes of this Section, the following benefits shall not be taken into account
in applying these limits:_
A. Anv ancillary benefit which is not directly related to retirement income
benefits;
B. Any other benefit not required under §415( b)( 2) of the Code and Regulations
thereunder to be taken into account for purposes of the limitation of Code
Section 415( b)( 1).
Page 23 of 53 Pages
4. COLA Effect.
Effective on and after January 1, 2003, for purposes ofapplying the limits under Code
Section 415( b) ( the " Limit "),the following will apply:
A. A Member's applicable limit will be applied to the Member's annual benefit
in the Member's first calendar year of benefit payments without regard to any
automatic cost of living adjustments;
B. thereafter, in any subsequent calendar year, a Member's annual benefit,
including any automatic cost of living increases, shall be tested under the
then applicable benefit limit including any adjustment to the Code Section
415( b)( 1)( A) dollar limit under Code Section 415( d), and the regulations
thereunder; but
C. in no event shall a Member's benefit payable under the Plan in any calendar
year be greater than the limit applicable at the annuity starting date, as
increased in subsequent years pursuant to Code Section 415( d) and the
regulations thereunder.
Unless otherwise specified in the Plan, for purposes of applying the limits under Code
Section 415( b), a Member's applicable limit will be applied taking into consideration cost of living
increases as reauired by Section 415( b) of the Code and applicable Treasury Regulations.
5. Other Adjustments in Limitations.
A. In the event the Member's retirement benefits become payable before age
sixty -two ( 62), the limit prescribed by this Section shall be reduced in
accordance with regulations issued by the Secretary of the Treasury pursuant
to the provisions of Code Section 415( b) of the Code, so that such limit (as
so reduced) equals an annual straight life benefit ( when such retirement
income benefit begins) which is equivalent to a one hundred sixty thousand
dollar ($ 160, 0.00) annual benefit beginning at age sixty -two ( 62).
B. In the event the Member's benefit is based on at least fifteen ( 15) years of
Credited Service as a full -time employee of the police or fire department of
the City, the adjustments provided for in A. above shall not apply.
C. The reductions provided for in A. above shall not be applicable to disability
benefits pursuant to Section 8, or pre -retirement death benefits paid pursuant
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D. In the event the Member's retirement benefit becomes payable after age sixty-
five (65), for purposes of determining whether this benefit meets the limit set
forth in subsection 1 herein, such benefit shall be adjusted so that it is
actuarially equivalent to the benefit beginning at age sixty -five ( 65). This
adjustment shall be made in accordance with regulations promulgated by the
Secretary of the Treasury or his delegate.
Page 24 of53 Pages
6. Less than Ten 0 0) Years of Service.
The maximum retirement benefits payable under this Section to any Member who
has completed less than ten ( 10) years of Credited Service with the City shall be the amount
determined under subsection 1 of this Section multiplied by a fraction, the numerator ofwhich is the
number of the Member's years of Credited Service and the denominator of which is ten ( 10). The
reduction provided by this subsection cannot reduce the maximum benefit below 10 %. The
reduction provided for in this subsection shall not be applicable to disability benefits paid pursuant
to Section
