Fort Walton Beach Council agenda — 02-22-11 regular — reading text

0 Military Service Prior to Employment shall be five ( 5) years of Credited r Service and shall count for all purposes, except vesting and eligibility for c a There shall be no maximum purchase not -in -line of duty disability benefits. E s of credit for prior service with the City of Fort Walton Beach and such credit a shall count for all purposes, including vesting. a 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 z'Tl 5, subsection tW I I .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 given for federal, other state, county or municipal service Page 39 of53 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; z: 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 CO younger than eighteen ( 18) years of age, by a public officer or employee r through the use or attempted use of power, rights, privileges, duties, or position of his or her public office or employment position. 0 2. Conviction shall be defined as fllows.A 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 cg Senate of an impeachable offense. Q B- 3. Court shall be defined as fllows:2k 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  71+. 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 degree, punishable as provided in Section 775. 082 or Section 775. 083, Florida Statutes_ C. In addition to any applicable criminal penalty, upon conviction for a violation described in subsection A., a Member or Beneficiary of the Plan may, in the discretion of the Board, be required to forfeit the right to receive any or all benefits to which the person would otherwise be entitled under the Plan. For purposes of this subsection, " conviction" means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld. SECTION 25. INDEMNIFICATION. 1. To the extent not covered by insurance contracts in force from time to time, the City shall indemnify, defend and hold harmless members of the Board from all personal liability for damages and costs, includiniz court costs and attorneys' fees, arising out of claims, suits, litigation, or threat of same, herein referred to as " claims ", against these individuals because of acts or circumstances connected with or arising out of their official duty as members ofthe Board. The City reserves the right, in its sole discretion, to settle or not settle the claim at any time, and to appeal or to not appeal from any adverse judgment or ruling, and in either event will indemnify, defend and hold harmless any members of the Board from the judgment, execution, or levy thereon. ti 2. This Section shall not be construed so as to relieve any insurance company or other M 00 entity liable to defend the claim or liable for payment of the judgment or claim, from any liability, P nor does this Section waive any provision oflaw affording the City immunity from any suit in whole or part, or waive any other substantive or procedural rights the City may have. O r C a 3. This Section shall not apply nor shall the City be responsible in any manner to defend E or pay for claims arising out of acts or omissions of members of the Board which constitute felonies r v or gross malfeasance or dross misfeasance in office. a SECTION 25 6. DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; ELIMINATION OF MANDATORY DISTRIBUTIONS. 1. Rollover distribution. A. General. This section applies to distributions made on or after January 1, 2002. Notwithstanding any provision of the Plan to the contrary that would otherwise limit a distributee's election under this section, a distributee may elect, at the time and in the manner prescribed by the board, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. Page 41 of53 Pages B. Definitions. 1) Eligible rollover distribution: An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include any distribution that is one of a series of substantially equal periodic payments ( not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives ( or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of ten ( 10) years or more; any distribution to the extent such distribution is required under section 401( a)( 9) of the Code and the portion of any distribution that is not includable in gross income. Amy Effective January 1, 2002, any portion ofany distribution which would be includible in gross income a as after -tax employee contributes will be an eligible rollover distribution if the distribution is made to an individual retirement o account described in section 408( a); to an individual retirement annuity described in section 408( b); - or to a qualified defined a contribution plan described in