(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) ACTUARIAL EQUIVALENT OR ACTUARIAL EQUIVALENCE. The equivalent value of a benefit beginning at normal retirement in the normal form of benefit when computed on the basis of 7 ½% interest assumption and a 1983 Group Annuity mortality table with beneficiaries set back six years. Effective October 1, 2010, the equivalent value of a benefit beginning at normal retirement is the normal form of benefit when computed on the basis of a 7-1/2% interest assumption and the RP-2000 Combined Mortality Table with Blue Collar Adjustment, projected to 2010, based upon a fixed blend of 50% male mortality rates - 50% female mortality rates, set forward five years for impaired lives.
(2) AGREEMENT. This subchapter and the contract setting forth the provisions of the retirement system.
(3) AVERAGE MONTHLY EARNINGS.
(a) For firefighter members, one-twelfth of the arithmetic average of annual earnings for the highest two years of service preceding the actual retirement or termination date of a member.
(b) For police officer members, one–twelfth of the arithmetic average of annual earnings for the highest two years of service preceding the actual retirement or termination date of a member calculated as follows:
1. For any year ending prior to October 1, 2006, the member's average monthly earnings shall be calculated to include all overtime paid during such year.
2. For any year ending on or after October 1, 2006, the member's average monthly earnings shall be calculated to include only the first 300 hours of overtime paid during such year.
3. For any year that includes a portion before October 1, 2006, and portion on or after October 1, 2006, the member's average monthly earnings shall be calculated to include the greater of the following:
A. The overtime paid during the portion of the year ending before October 1, 2006; or
B. The first 300 hours of overtime paid during the entire 12 month period.
4. Employee pension contributions shall be made on the first 300 hours of overtime paid each fiscal year.
(4) AVERAGE MONTHLY REGULAR WAGES. One-twelfth of the arithmetic average of annual regular wages coinciding with the highest two years of service preceding the actual retirement or termination date of a member, used in the average monthly earnings above.
(5) BENEFICIARY. The person or persons entitled to receive any benefits hereunder at the death of a member who has been designated in writing by the member and filed with the Board. If no designation is in effect at the time of death of the member, or if no person designated is living at that time, the benefit shall be paid to the estate of the member.
(6) BOARD. The Pension Board of Trustees which shall administer and manage the system provided for in this subchapter, and serve as trustees of this Fund.
(7) CITY. The City of Pembroke Pines.
(8) CONTINUOUS SERVICE. Uninterrupted service by a member (expressed as years and completed months) from the date he last entered employment as an employee until the date his employment is terminated by death, retirement, discharge, or resignation. However, the CONTINUOUS SERVICE of any member shall not be deemed to be interrupted by:
(a) Any authorized leave of absence or vacation, provided all members in similar circumstances are treated alike pursuant to uniform non-discriminatory rules.
(b) Any service, voluntary or involuntary, in the armed forces of the United States, provided the member is legally entitled to re- employment under the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) (or any predecessor thereto), and any amendments thereto, or any law applicable to re- employment, and provided the member applies for within one year following termination of service.
Notwithstanding any provision of this plan to the contrary, effective as of December 12, 1994, contributions, benefits and service credit with respect to qualified military service will be provided in accordance with Section 414(u) of the Internal Revenue Code of 1986, as amended, USERRA or Chapters 175 and 185, Florida Statutes.
Military optional service selection. Continuous service for members may also purchase up to four years of active duty service in the Armed Forces or Merchant Marine of the United States prior to employment by the city. Police officer members may purchase up to four years prior to service as a certified police officer or a certified correctional officer in the United States. The maximum credit for purchased service credit shall be four years. Credit for such purchased service credits may be awarded so long as such service is not used towards creditable service for any other retirement plan, provided that the member pays into the Pension Fund the full actuarial cost of such service, as computed by the Pension Fund’s actuary. Payments for such service may be made, at the member’s option, by a lump sum payment, direct in-service transfer from a member’s deferred compensation account pursuant to Section 457(e)(17) of the Internal Revenue Code, or periodic payments bearing interest at the system’s actuarially assumed rate of return made according to an installment payment schedule approved by the Board of Trustees, or a combination of the foregoing. Credit shall be awarded only for that service purchased and only upon receipt of payment. While military service credit may be purchased at any time upon becoming a member in the system, credit for purchased service shall only be awarded after the member has completed ten years of service with the city. If the member separates from service with the city prior to completing ten years of service, all monies paid towards the purchase of military service shall be refunded to the member.
(9) EARLY RETIREMENT DATE. The date on which a member is eligible for an early retirement benefit under § 34.44.
(10) EARNINGS. Shall include wages, regular longevity paid to a member, and overtime includable in gross income of the member, voluntary deductions, or deferred compensation plans in accordance with Internal Revenue Code Section 457 and Chapters 175 and 185, Florida Statutes. A member's earnings may include payment of up to 1,000 hours of accrued unused leave earned by the member as of April 30, 2010 for those members who opt to select the benefits as provided in § 34.52. Effective May 1, 2010, accrued leave earned by a member on or after May 1, 2010 shall not be included as part of the member's "earnings" for purpose of calculating the member's benefits under the system.
(11) EFFECTIVE DATE. The date on which this subchapter became effective, February 19, 1991.
(12) EMPLOYEE. All regular EMPLOYEES of the city under the city’s classification plan and in effect October 1, 1980, as a certified firefighter and certified police officer of the Fire Department and Police Department as defined in Chapters 175 and 185, Florida Statutes. For this purpose, the term regular EMPLOYEE shall be those EMPLOYEES that work more than 30 hours per week annually. Excluded by the above definitions are those in the Fire and Police Departments having a civilian rank. The Chiefs of the Fire and Police Departments shall be considered EMPLOYEES.
Notwithstanding the foregoing, an
EMPLOYEE shall not include any individual (i) classified by the city as an independent contractor and not as an employee at the time of any determination, (ii) classified by the city as a temporary employee, (iii) being paid by or through an employee leasing company or other third party agency, or (iv) classified by the city as a leased employee, during the period the individual is so paid or classified; any such individual shall not be an employee even if he or she is later retroactively reclassified as a common-law employee of the city during all or any part of such period pursuant to applicable law or otherwise.
(13) FISCAL AGENT. Any person or entity designated to serve as investment agent or custodian of the fund.
(14) FUND. The trust fund established by this subchapter as a part of the pension plan.
(15) MEMBER. An employee who fulfills the prescribed participation requirements of regular service.
(16) MEMBER CONTRIBUTIONS. A contribution to the plan made by a member as required under § 34.53(1).
(17) NORMAL RETIREMENT DATE. The date on which a member is eligible for a normal retirement benefit under § 34.43.
(18) REGULAR WAGES. Regular wages for firefighter members shall be defined as base pay including any incentive pay, regular longevity, assignment pay, and any current or future additional pensionable compensation, but excluding overtime, or accrued unused leave. Regular wages shall be used to calculate the maximum retirement benefit for members hired on or after April 1, 2006.
(19) SPOUSE. Any person to whom a member is legally married under the laws of any state at the time of a determination.
(20) STATE. The State of Florida.
(21) SYSTEM. The city firefighters’ and police officers’ retirement system as contained in this subchapter and all amendments thereto.
(B) For service incurred, total and permanent disability final earnings will be no less than 66-2/3% of the salary or wages of the member at the time of disability retirement of the member.
(‘69 Code, § 5-152) (Ord. 557, passed 2-19-81; Am. Ord. 829, passed 3-4-87; Am. Ord. 967, passed 9-19-91; Am. Ord. 1353, passed 9-20-00; Am. Ord. 1443, passed 6-18-03; Am. Ord. 1480, passed 3-17-04; Am. Ord. 1572, passed 2-21-07; Am. Ord. 1581, passed 5-16-07; Am. Ord. 1669, passed 8-4-10)