Same—Additional benefits

(a)

Notwithstanding any other provision of this chapter to the contrary, the city is hereby authorized to enter into a supplemental pension contract with each firefighter or police officer who was an active or contributing member of the city pension fund for firefighters and police officers in the City of Tampa on October 15, 1992, which supplemental contract shall provide:

CITY OF TAMPA

FIREFIGHTERS AND POLICE OFFICERS

SUPPLEMENTAL PENSION CONTRACT

(AS PROVIDED IN ORDINANCE NO. _____ AND CHAPTER 94-_____, LAWS OF FLORIDA)

THIS AGREEMENT made and entered into this _____ day of _______, 199___, between the CITY OF TAMPA, a municipal corporation of the State of Florida hereinafter referred to as the city, party of the first part, and _______, hereinafter described as member, party of the second part, supplementing and amending the pension contract between the parties made and entered into on the _____ day of _______, 199___.

WITNESSETH:

THAT WHEREAS, the said city is authorized to enter into a supplemental pension contract with each and every firefighter or police officer who was an active or contributing member of the city pension fund for firefighters and police officers in the City of Tampa on or after October 16, 1992, under and by virtue of Ordinance No. _______ and Chapter 94-_______, Laws of Florida, Special Acts of 1994, amending subsection 7(A), adding subparagraph 7(D) and adding subparagraph 23(3) of the City of Tampa Firefighters and Police Officers Pension Contract as follows:

Subsection 7(A) of the City of Tampa Firefighters and Police Officers Pension is hereby amended by substituting the following in lieu thereof:

"(A)

Any member of the fund having an aggregate of ten (10) 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 twenty-five (25) per centum 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 ten (10) years up to and including twenty-six (26) years, a member shall receive two and one-half (2½) per centum of average earnings. For each additional year of such actual service after twenty-six (26) years, a member shall receive two (2) per centum of average earnings not to exceed a total pension of one hundred (100) per centum of said average earnings. After ten (10) years of actual service, this pension right shall be a vested right with the payment thereof to begin upon the employee's separation from the service or the employee's reaching the age of forty-six (46) years, whichever shall later occur, so that an employee having ten (10) 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 descendent would have reached forty-six (46) years of age the widow or widower shall receive such benefit as the widow or widower would have reached under subsection 9(C) if the employee had died while receiving a pension."

Section 7 of the City of Tampa Firefighters and Police Officers Pension Contract is hereby amended by adding the following new subparagraph (D) immediately after subparagraph (C) thereof:

"(D)

Notwithstanding the foregoing, any member of this pension fund having an aggregate of twenty (20) years of actual service in said departments, who separates from the service as a firefighter or police officer, may elect to commence immediate receipt of benefits regardless of age, provided however, that cost-of-living adjustments shall be paid as set forth in section 23 (3). This subparagraph (D) shall be an operative provision of this plan only if ratified by the Florida Legislature by Special Act and shall not be effective until such date of ratification."

Section 23 of the City of Tampa Firefighters and Police Officers Pension Contract is hereby amended by adding the following new subsection 23(3) immediately after subsection 23(2) thereof:

"(3)

If a member elects to commence receipt of section 7(A) benefits immediately upon separation from service and prior to reaching the age of forty-six (46) years, adjustments provided for in this section shall not commence until the January 1 immediately following the October 1 on or before which the member attains forty-six (46) years of age, and provided further that such cost-of-living adjustments that otherwise would have been paid shall be reduced to the following percentage thereof based on the member's attained age in years and months at the time of separation from the service:

_____

Months

EXPAND Years 0 1 2 3 4 5 6 7 8 9 10 11 45 94.0% 94.5% 95.0% 95.5% 96.0% 96.5% 97.0% 97.5% 98.0% 98.5% 99.0% 99.5% 44 88.0 88.5 89.0 89.5 90.0 90.5 91.0 91.5 92.0 92.5 93.0 93.5 43 82.0 82.5 83.0 83.5 84.0 84.5 85.0 85.5 86.0 86.5 87.0 87.5 42 76.0 76.5 77.0 77.5 78.0 78.5 79.0 79.5 80.0 80.5 81.0 81.5 41 70.0 70.5 71.0 71.5 72.0 72.5 73.0 73.5 74.0 74.5 75.0 75.5 40 64.0 64.5 65.0 65.5 66.0 66.5 67.0 67.5 68.0 68.5 69.0 69.5

_____

The denominator in the ratio shall be the average cost-of-living index of the October 1 immediately after the member reaches forty-five (45) years of age. The numerator in the ratio (current average cost-of-living index) for the first annual adjustment shall be the average cost-of-living index of the October 1 immediately after the member reaches forty-six (46) years of age. This subsection (3) shall be an operative provision of this plan only if ratified by the Florida Legislature by Special Act and shall not be effective until such date of ratification.

* * * * *

IT IS UNDERSTOOD AND AGREED that the terms and provisions hereinbefore set forth are declared to be 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

ATTESTED BY:

___________ City Clerk

_____ Member

Witnesses as to Member ___________ ___________

(b)

That subparagraph 7(D) and subsection 23(3) of the contract shall be operative provisions of this supplemental pension contract only if ratified by the Florida Legislature by Special Act and shall no be effective until such date of ratification; provided, that if not ratified subparagraph 7(D) and subsection 23(3) shall be struck from the contract in their entirety as to contracts entered into after such date.

(c)

The mayor and the city clerk are hereby authorized to execute and attest supplemental contracts in the form set forth in this section.

(Ord. No. 93-163, § 1, 10-21-93)