Supplemental pension contract—Generally

(a)

The form and execution by the city of a supplemental contract, in the following form, with each police officer or firefighter who is a member of its police or fire department and who now has or may hereafter enter into a pension contract with the city without the requirement of any additional contributions from his salary to the pension fund, as authorized by Chapter 74-613, Laws of Florida, be and the same is hereby approved and authorized, to wit:

THIS AGREEMENT made and entered into this _____ day of _______, A.D. 19___, between the City of Tampa, Municipal Corporation of the State of Florida hereinafter referred to as the City, party of the first part and ___________, hereinafter described as employee, party of the second part, supplementing and amending the Pension Contract between the parties made and entered into on the _____ day of _______, 19___.

WITNESSETH

THAT WHEREAS, the said City is authorized to enter into a contract with said employee of the City, under and by virtue of Chapter 21590, Laws of Florida, Special Acts of 1941, as amended, with certain modifications as were provided for in supplemental contracts heretofore entered into under Chapter 27930, Laws of Florida, Special Acts of 1951, and further modifications as are authorized by Chapter 31310, Laws of Florida, Special Acts of 1955, and provided for by Ordinance No. 2002-A, as amended, and by Ordinance No. 4746-A, and the supplementing of said contract being specifically authorized by Chapter 74-613, Special Acts of Florida of 1974, and by Ordinance No. 6038-A, amending subsection 7(a) of said contract so that as supplemented and amended it will be in words and figures to wit:

SECTION 7. BENEFITS, PENSIONS TO MEMBERS—COMPULSORY. The Board shall upon its application retire:

(A) Any member of the Fund having an aggregate of twenty (20) years of actual service in said departments, and having reached the age of forty-six (46) years, who then shall receive in monthly installments a pension equal to fifty per centum (50%) of the member's average earnings for the three (3) highest years within the last ten (10) years of service with a minimum pension of one hundred dollars ($100.00) per month. For each additional year of such actual service after twenty (20) years, a member shall receive two and one-half per centum (2½%) of average earnings not to exceed a total pension of sixty-five per centum (65%) of said average earnings. After twenty (20) years actual service, this pension right shall be a vested right with the payment thereof to begin upon employee's separation from the service or the employee reaching the age of forty-six (46) years, whichever shall later occur, so that an employee having twenty (20) or more years actual service who resigns, retires or is otherwise separated from the service prior to reaching the age of forty-six (46) years may elect to allow his contributions to remain in the pension fund and upon reaching the age of forty-six (46) years shall be entitled to commence receiving a pension based upon his creditable service as herein provided and should such employee die before reaching forty-six (46) years of age then at the time the decedent would have reached forty-six (46) years of age the widow or widower shall receive such benefit as the widow or widower would have received under subsection 9(C) if the employee had died while receiving a pension.

IT IS UNDERSTOOD AND AGREED that the terms and provisions hereinbefore set forth are declared to be a part of the aforesaid contract and such contract is to be construed with reference thereto.

IN WITNESS WHEREOF the party of the first part has hereunto caused these presents to be executed, signed and sealed with the seal of said City by its duly authorized officers and the said party of the second part has hereunto set his hand and seal the day and year first above written.

CITY OF TAMPA

By _____ Mayor

ATTEST:

___________ City Clerk

_____ (SEAL) Party of the Second Part

___________ ___________ Witnesses as to Party of the Second Part

(b)

Each present and qualified employee desiring to take advantage of the benefits provided by and under the foregoing supplemental agreement shall elect to do so by executing such supplemental agreement within forty-five (45) days from the effective date hereof.

(Code 1971, § 28-19)