CORRECTIONS OFFICERS' RETIREMENT PLAN

Jacksonville Ordinance Code tit. V, ch. 120, pt. III

in effect

Jacksonville Ordinance Code § 120.301 Definitions.

Sec. 120.301. - Definitions. The following words and phrases as used in this Part shall have the following meaning: (a) Accumulated Contributions shall mean the sum of all amounts deducted from a member's compensation and picked up on behalf of a member. (b) Active Membership shall mean membership in the Retirement System as an employee. (c) Actuarial Equivalent shall mean that any benefit payable under the terms of this system other than the normal form of benefit shall have the same actuarial present value on the date the payment commences as the normal form of benefit. For purposes of establishing the actuarial present value of any form of benefit, other than a lump sum distribution, all future payments shall be discounted for interest and mortality using the RF-2000 mortality table with the current actuarial rate of return. In the case of a lump sum distribution, the actuarial present value shall be determined on the basis of the same mortality rates as set forth in this Section. (d) Advisory Committee for Corrections Officers shall mean the committee created by State law for the purpose of addressing issues currently reserved to the Corrections Officers Advisory Committee that relate solely to correction officers. The Corrections Officer Advisory Committee shall review benefit applications for Corrections Officers. (e) And shall have a conjunctive meaning. (f) Beneficiary/Retiree shall mean any person receiving a retirement allowance and/or other benefit from the Retirement System. (g) Benefit shall mean a retirement allowance and/or other payment provided by the Retirement System. (h) Board or Board of Trustees shall mean the Board of Trustees of the Retirement System. (i) City shall mean the City of Jacksonville, Florida and those agencies of the City whose employees and officers are eligible for participation in the Fund. (j) Corrections Officer shall mean a person certified as a corrections officer under Florida Statutes, Chapter 943 and for whom contributions are made to this Plan. (k) Credited Service shall mean membership credit upon which a member's eligibility to receive benefits under the Retirement Plan is based, or upon which the amount of such benefits is to be determined. (l) Disability shall mean the permanent and total incapacity to perform regular and continuous duties as a corrections officer. The term regular and continuous as used in this definition shall not require that an employee or officer be able to perform all of the duties set forth in the job description, but shall mean the ability to perform work within the employee or officer's classification for which a position has been made available by the City, consistent with the physical or mental health of the member. (m) Earnable Compensation shall mean a member's base pay for regular hours worked as an employee, plus service raises and excluding bonuses, adjusted compensation, overtime or any extra compensation over and above regularly budgeted salaries. Earnable compensation shall not include payouts of accumulated leave taken as cash upon separation from service. Retroactive payments shall be credited to the calendar year in which such payments would have been received had they been timely paid. Compensation for any plan year shall not include any amounts in excess of the Internal Revenue Code Section 401(a)(17) limitation as adjusted for change in the cost of living in the manner prescribed by the IRC, Section 401(a)(17)(B). (n) Employee shall mean a person currently employed by the City and for whom contributions are being made to the Plan. The term "employee" shall include corrections officers and shall exclude all other employees of the City. (o) Final Monthly Compensation shall mean a member's average monthly rate of earnable compensation from the City during the highest 36 consecutive months (78 pay periods) out of the last ten (10) years of employment. (p) Fund or System shall mean the City of Jacksonville Retirement System. (q) Jacksonville Sheriff's Office shall mean the constitutional office of the Sheriff of Duval County who appoints corrections officers covered under this Plan. (r) May shall mean a permissive term. (s) Member shall mean an employee actively employed by the City for whom contributions to the Retirement Plan are made as required by this Ordinance and shall be consistent with the requirements of Section 120.302(a). (t) Minimum Vesting shall mean five (5) years of credited service before the member is entitled to retirement benefits except for service-incurred disability retirement income or service incurred death benefits. (u) Pension shall mean a series of periodic payments payable in bi-weekly installments. (v) Pick-Up Amounts shall mean employer contributions derived from a member's earnable compensation through a reduction in the member's earnable compensation. (w) Plan Year shall mean the period from October 1 through and including September 30 of the following year. (x) Retirement shall mean a member's withdrawal from active membership with a benefit granted to the member pursuant to the provisions of this Ordinance. (y) Retirement Allowance shall mean a pension provided by the Retirement Plan. (z) Retirement Plan shall mean the City of Jacksonville Corrections Officers' Retirement Plan. (aa) Service shall mean active service as an employee. (bb) Summary Plan Description shall mean a document created by the Board containing a brief description of the benefits offered by the Plan. In the case of a conflict between this Ordinance, or Florida Statutes, and the summary plan description, the terms of the ordinance or statute shall prevail. (cc) Time Service Retirement shall mean a member's retirement from active service under circumstances permitting payment of a retirement allowance without reduction because of age or length of service and without special qualifications such as disability. Time service retirement shall be considered normal retirement. (dd) Trustee shall mean a member of the Board of Trustees of the Retirement System. (ee) Vested Benefit shall mean an immediate or deferred benefit to which a member has gained a non-forfeitable right under the provisions of this Part. (ff) Vested Separated Member shall mean a person who has earned a vested benefit and has separated from the City but has not commenced receipt of benefits. (Ord. 2005-432-E, § 2; Ord. 2006-1229-E, § 2; Ord. 2017-258-E, § 1)

Jacksonville Ordinance Code § 120.302 Membership.

Sec. 120.302. - Membership. (a) Consistent with the provisions of Chapter 16 of the City Charter, full-time civil service employees not eligible for membership in another City-sponsored pension plan shall become members of the Plan. (1) Employees who previously met the requirements of Members, who leave employment with the City of Jacksonville but do not remove their contributions from the Retirement Plan, upon being rehired, may re-enroll in the Retirement Plan and be considered Members as defined herein. (2) Employees who previously met the requirements of Members, who leave employment with the City of Jacksonville and remove their contributions from the Retirement Plan, upon being rehired, shall not be entitled to re-enroll in the Retirement Plan and shall not be considered Members as defined herein. (3) Employees hired on or after October 1, 2017, shall never be eligible to be Members of the Retirement Plan. Employees hired on or after October 1, 2017, shall be members of the Corrections Employees Defined Contribution Plan provided for in Part V, Subpart B. (b) Appointed and elected officials and permanent employees not in the civil service system may opt to become members of the Plan, consistent with Section 16.04 of the City Charter. Elected officials eligible to receive benefits under this System or any prior Plan shall be permitted to continue to receive those benefits. (c) All applicants for membership in the System shall be required to undergo a physical examination for the purpose of determining pre-existing medical conditions. No condition of health shall preclude a person elected or hired by the City from membership, but no application for disability retirement shall be based on a pre-existing medical condition revealed by the physical examination provided for in this paragraph. Any applicant determined to have a pre-existing medical condition shall, as a condition of admission to the System, waive the right to receive a disability or pre-retirement death benefit based on that condition in a form acceptable to the Board. (d) Membership in the System shall be deemed to commence after an applicant has completed the required physical examination, has executed any appropriate waiver forms, and has submitted all required enrollment forms, and shall be coincident with the first pay period in which employee contributions are made. (Ord. 2005-432-E, § 2; Ord. 2017-258-E, § 1)

Jacksonville Ordinance Code § 120.303 Contributions; refunds of contributions.

Sec. 120.303. - Contributions; refunds of contributions. (a) The City shall pick-up, rather than deduct from each member's pay, beginning with the date of membership, ten percent of the member's earnable compensation. The monies so picked-up shall be deposited in the Fund immediately after each pay period. An account record shall be maintained continuously for each member. Pick-up contributions shall continue until death, disability or termination of service, whichever shall occur first. Contributions shall remain in the Fund unless withdrawn as provided in the Plan. No member shall have the option to choose to receive the contributed amounts directly instead of having them paid by the City directly to the System. All such pick-up contributions by the City shall be deemed and be considered as part of the member's accumulated contributions and subject to all provisions of the Plan pertaining to accumulated contributions of members. The intent of this provision is to comply with Section 414(h)(2) of the Internal Revenue Code. For the purpose of accruing and calculating pension benefits, and for all other purposes of calculating wage-related benefits and calculations, the amounts picked-up under this Section shall be considered part of the earnable compensation of a member. (b) All benefits payable under this Plan are in lieu of a refund of accumulated contributions. (c) In order to assure the City's statutory and constitutional guarantee of the actuarial soundness of the Plan, the City shall make such contribution which together with contributions picked-up on behalf of members and the Plan's earnings, will maintain the Fund as required by relevant statutes and ordinances, including Chapter 776, as determined by the Board in conjunction with its actuary. The City's contributions may be made in a lump sum at the commencement of the fiscal year or in equal bi-weekly installments or in equal quarterly installments. (1) In any year, beginning with Fiscal Year 2017-18, that the Plan's liquidity ratio, meaning the market value of assets divided by the annual benefit payments, falls below five, the City shall, subject to annual appropriation, make a contribution or payment in an amount sufficient to restore the Plan's liquidity ratio to at least five, as determined by the plan actuary. (2) Beginning with Fiscal Year 2017-18, regardless of the amount of revenue received from the Pension Liability Surtax and the applicable Actuarially Determined Employer Contribution, the City shall hereinafter, subject to annual appropriation, make an annual contribution from a source other than the Pension Liability Surtax proceeds (provided for in Chapter 776) in a minimum amount of 10 million dollars, less any amount paid under subsection (1) above. (3) The provisions of subsections (1) and (2) shall remain in effect until the Plan is 100 percent funded. (d) Expenses, charges and fees attributable to the management of the System shall be paid from the Fund. (e) The City shall have no right, title or interest in the Fund or in any part thereof, and no contribution made thereto shall revert to the City, except such part of the Fund, if any, which remains therein after the satisfaction of all liabilities to persons entitled to benefits under the Plans within the System. (f) In the event that a member is separated from employment prior to vesting, all employee contributions, less applicable federal income taxes, shall be returned, without interest, either by lump sum payment or rollover, and the employee shall cease to be a member of the Plan. (g) In lieu of the right to any future benefit from the Plan, a separated vested member may rescind the vesting election and receive a refund of contributions, without interest, either by lump sum payment or by rollover, as provided in this Section, provided the application to rescind vested rights is received by the Plan not less than six months prior to the date the separated vested benefit would be payable. (h) In the event of the death of a separated member prior to vesting or in the case of a separated vested member prior to the date of eligibility for benefits, the employee contributions shall be refunded to the surviving spouse, or if none, to the member's named beneficiary, or if none, to the member's estate. (i) Members in receipt of workers' compensation may only make contributions to the Plan to continue to accrue credited service for a period not to exceed six months from the date of first receiving workers' compensation benefits. (Ord. 2005-432-E, § 2; Ord. 2017-258-E, § 1))

Jacksonville Ordinance Code § 120.304 Credited service; time connections; prior service.

Sec. 120.304. - Credited service; time connections; prior service. (a) Active Members shall be entitled to receive time service credit for any previous period of paid full time employment with the City, either continuous or broken, including paid sick leave, vacation, or other paid leave of absence for which contributions have been made, provided such service has not been used for entitlement to benefits under any other pension system. To be entitled to credit, a member shall make application for credit to the Board at any time prior to retirement. Furthermore, time connections under this subsection shall become effective upon the payment of an employee contribution at the rate of eight percent of the member's earnable compensation in effect when the time connection is made prior to October 1, 2017. Time connections under the subsection shall become effective upon the payment of an employee contribution at the rate of ten percent of the member's earnable compensation in effect when the time connection is made on or after October 1, 2017. Such contributions may be made by lump sum payment, roll over from another qualified retirement plan, through additional pick-up contributions, without interest, over a period not to exceed five years, or a combination of payment options. When contributions are made over a period of time, they shall be based on the contribution rate at the time the member elected to connect time. Only payroll deductions may be made by pre-tax contributions under Section 414(h)(2) of the Internal Revenue Code. Lump sum payments, other than by plan-to-plan rollover transfer, shall be made with after-tax dollars. (b) Credited service shall be granted only for paid, full-time service with the City, except for the specific reasons provided for in this Section. (c) No credited service will be granted for unauthorized or unpaid leaves of absence. Credited service shall be granted for approved leaves of absence, including but not limited to certain military leaves and workers' compensation leaves under the conditions described in paragraphs (d) and (e) of this Section. The Board shall determine any questions arising under this Section. (d) Members who are in receipt of workers' compensation may only gain credited service by self-paying the contributions which would have been paid had the member been in a regular pay status. If a member is in receipt of partial pay in addition to workers' compensation benefits, the member shall have contributions picked up from the partial pay at the same rate as if the member was in a full pay status. (e) Members on approved leave of absence without pay status, and who are not terminated from employment, may elect to make employee contributions and receive credited service in the Plan for a period not to exceed six months. (f) Members with prior paid full time service with an agency of the City or as a Correctional Officer with the Florida Department of Corrections, which provides services for the benefit of the City, may also be entitled to purchase and connect such service with such agency. The agencies and their employees eligible shall be defined to include: (1) Duval County prior to consolidation; (2) Any agency of the judicial branch of government under the Florida Retirement System; (3) The State Attorney; (4) The Public Defender; (5) The Jacksonville Transportation Authority; (6) The Duval County School Board; (7) The former Duval County Hospital Authority; (8) The employees or officers of any Duval County constitutional officer who served under the Florida Retirement System; (9) Agriculture Department employees who participated in the Florida Retirement System; (10) The Jacksonville Port Authority; (11) The Jacksonville Aviation Authority; (12) The Medical Examiner's Office; (13) The Florida Department of Corrections, but only with respect to Correctional Officers as defined by F.S. § 112.531(2). (g) Active Members with eligible service in a Section 120.304(f) agency, who did not participate in, or who received a return of contributions from, another Plan, or who were not vested or who did not participate in such other Plan, shall be eligible to receive credit for that prior service if they meet the following requirements: (1) The employee must be a member of the Plan and meet all eligibility requirements. (2) The prior service must have been full-time service, defined by uniform Board rule. (3) The member shall pay to the Plan contributions for the prior service based on the full actuarial cost of the service purchased. Such contributions may be made by lump sum payment, roll over from another qualified retirement plan, through additional pick-up contributions, without interest, over a period not to exceed five years, or a combination of payment options. Only payroll deductions may be made by pre-tax contributions under Section 414(h)(2) of the Internal Revenue Code. Lump sum payments, other than by plan-to-plan rollover transfer, shall be made with after-tax dollars. (4) The cost and contributions due shall be determined by the actuary for the System. (5) The application for time connection shall be made prior to retirement. (6) No service upon which a time connection is based may be used for benefits under any other plan sponsored by any public employer including the City and the covered agencies. (7) No rollover or plan to plan transfer may violate any provision of the Internal Revenue Code or the regulations of the Department of the Treasury. (8) The Board of Trustees may promulgate administrative rules to implement this Section. (h) Notwithstanding Sections 120.304(f) and 120.304(g), any employee of the Jacksonville Port Authority, the Jacksonville Aviation Authority or the First Coast Metropolitan Planning Organization who is an active member of the Retirement Plan as of the effective date of this Chapter shall be eligible to purchase time service credit for any previous period of paid, full-time employment with the City and such agency of the City pursuant to and in accordance with Section 120.304(a) and shall not be subject to Sections 120.304(f) and 120.304(g). (i) In the event that a member transfers from a City department or agency which has its own retirement plan to a position covered in this Plan, without a break in service, the member shall be required to become a member of this Plan. The member shall receive credited service for the completed months and years served in the prior plan for computation of pension benefits. (Ord. 2005-432-E, § 2; Ord. 2008-340-E, § 2; Ord. 2017-258-E, § 1)

Jacksonville Ordinance Code § 120.305 Purchase of military service credit.

Sec. 120.305. - Purchase of military service credit. (a) Members who are vested and eligible for retirement benefits may purchase up to two years of active duty military service time as credited service. (b) Service may be active duty wartime or nonwartime service, provided that the nonwartime service shall not exceed one year. All military service purchased under this Section must have occurred prior to any employment with the City. (c) Wartime service shall be for any period as determined by the Florida Legislature or by Presidential Executive Order, or by Congressional Resolution. Military service shall mean service in the United States Army, Navy, Air Force, Marines, Coast Guard, National Guard, NOAA or other branches of government service as provided in Title 38 of the United States Code. (d) Credited service under this Section may be purchased through the deposit of 20 percent of the member's earnable compensation. Payment of the required contributions shall be under the same conditions as provided for purchase of prior service credit. (e) Service credit for members on military leaves of absence shall be as provided in Section 116.501(a), Ordinance Code. (f) The Board shall promulgate rules for the implementation of this Section. (Ord. 2005-432-E, § 2)

Jacksonville Ordinance Code § 120.306 Time service retirement benefit; cost-of-living adjustments.

Sec. 120.306. - Time service retirement benefit; cost-of-living adjustments. (a) Effective as of December 1, 2008, a member may retire on the next pay period following: the date upon which the member completes 20 years of credited service, regardless of age; or, if earlier, the date upon which the member attains age 65 with five years of credited service. There shall be no mandatory retirement age. (b) A member's time service retirement benefit shall be determined and calculated as follows: for the member's first 20 years of credited service, the number of years of credited service shall be multiplied by three percent of final monthly compensation, up to a maximum of 60 percent of final monthly compensation. If the member has more than 20 years of credited service, then the number of years of credited service in excess of 20 years shall be multiplied by two percent of final monthly compensation, up to a maximum of 20 percent of final monthly compensation. In no event shall a member's time service retirement benefit under this Section exceed 80 percent of final monthly compensation. (c) A service retirement benefit shall be payable on bi-weekly basis. The benefit payments shall commence on the first payday coincident with or next following the member's actual retirement and shall continue until the death of the member. (d) Notwithstanding any provision of this Section to the contrary, there shall be a minimum retirement benefit of $25 multiplied by the number of whole years of credited service not to exceed 30 years. For members retiring on or after August 14, 1995, the minimum payment shall be increased at a compounded rate of four percent annually on each October 1. The minimum benefit for survivors of a retired member shall be 75 percent of minimum benefit provided in this Section. (e) For members of the Correctional Officer Retirement Plan retiring prior to December 1, 2006, each retiree or survivor shall be eligible to receive an annual cost-of-living adjustment equal to three percent of the retiree's or survivor's annual benefit, compounded annually. For all benefits commencing on or after October 1 of any year but before the following September 30, the commencement date of the cost-of-living adjustment shall be deemed to be the April 1 next following the October 1 of the year in which the benefit commences. The cost-of-living adjustment shall then be paid on the pay date for the first full pay period following April 1 occurring five years after the commencement of the COLA eligibility period. (f) For members of the Correctional Officer Retirement Plan retiring on or after December 1, 2006, beginning with the first full bi-weekly pay period after December 1, 2008, and for the first full bi-weekly pay period after each succeeding December 1, each retiree and survivor shall receive an annual cost-of-living adjustment equal to three percent of the retiree's or survivor's prior annual benefit amount actually received (exclusive of one-time bonuses or adjustments). (g) In addition to the cost-of-living benefit set forth in this Section, retirees and survivors shall receive a monthly supplemental benefit equal to $5 multiplied by the number of years of credited service. The benefit shall be not less than $25 per month or more than $150 per month. (Ord. 2005-432-E, § 2; Ord. 2006-1229-E, § 2; Ord. 2008-983-E, § 2)

Jacksonville Ordinance Code § 120.307 Surviving spouse benefits; children's benefits; orphans' benefits; dependent parents; funeral expenses.

Sec. 120.307. - Surviving spouse benefits; children's benefits; orphans' benefits; dependent parents; funeral expenses. (a) Upon the death of a retired member, the surviving spouse shall receive 75 percent of the member's retirement benefit on the date of the retired member's death. The benefit shall be payable for the life of the surviving spouse and shall not be affected by remarriage. The surviving spouse benefit shall be increased by ten percent for each of the retiree's children under the age of 18 years, to a maximum of 100 percent of the retiree's pension. In order to be deemed a surviving spouse of a retired member under the terms of this Section, the spouse must have been married to and living with the retired member at the time of the retired member's death and have been married to the member for not less than 365 consecutive days immediately preceding the death of the member. A spouse shall be deemed living with the member if the member or spouse is confined to a nursing or hospital facility at the time of the member's death. Any factual questions arising from this definition shall be resolved by the Advisory Committee. (b) In the event of the death of an active member who is not eligible for a time service retirement, the surviving spouse, as defined in subsection (j), shall receive 75 percent of the pension the member would have received if the member had retired with a time service retirement based on a two percent annual accrual rate, without regard to the actual amount of accrued, credited service at the time of the member's death. If the active member is eligible for a time service retirement at the time of death, the benefit shall be calculated as if the deceased member was a retiree. The surviving spouse benefit shall be increased by ten percent for each of the retiree's children under the age of 18 years, to a maximum of 100 percent of the retiree's pension. (c) Unmarried children under the age of 18 years who are orphaned by the death of an employee or retiree shall receive the same benefit as a surviving spouse without children. The benefit shall continue until the earlier of the child's marriage or reaching age 18. In the case of a benefit paid to multiple children, the full amount shall continue to be paid to the orphan or orphans remaining eligible, in an amount not to exceed the maximum surviving spouse benefit provided in this plan. At age 18, any unpaid employee contributions shall be distributed as a lump sum to the eligible child or children in equal shares. (d) Unmarried children under the age of 18 years whose parent is a member or retiree of the Plan shall receive a benefit of $300 per child per month upon the death of the retiree or member, where no other survivorship benefit is available, but not to exceed the member's maximum benefit. The benefit shall continue until the earlier of the child's marriage or reaching age 18. At age 18, any unpaid employee contributions shall be distributed as a lump sum to the eligible child or children in equal shares. (e) In the event that any combination of survivorship benefits exceeds the maximum allowable under this Section, the available benefits shall be prorated among the eligible recipients in a manner that will not exceed the maximum available amount. (f) In the event that a father or mother of a deceased member is solely dependent on the member for support, the dependent parent(s) shall receive an aggregate benefit equal to 75 percent of the pension the member would have received if the member had retired with a time service retirement based on a two percent annual accrual rate, without regard to the actual amount of accrued, credited service at the time of the member's death and assuming no surviving children. The term dependent parent means that the dependent parent has no source of income other than the deceased member. (g) In the event of the death of a member with no survivor entitled to the receipt of a death benefit, the Plan will reimburse the estate of the member or the person paying the member's funeral expenses in an amount not to exceed $2,500 or one-half the accumulated member contributions, without interest, whichever is less. The remaining contributions will be paid to the estate of the member. (h) No application for benefits under this Section shall be valid unless filed with the Board within two years of the initial date of eligibility. (i) No survivor benefit shall be paid to any person who intentionally and unlawfully killed or participated in procuring the death of the retiree or member. (j) In order to be deemed a surviving spouse of an active employee under the terms of this Section, the spouse must have been married to the active member at the time of the active member's death. (k) Notwithstanding any other provision of this Section, benefits payable to a disabled child shall be payable for the life of the child subject to the conditions set forth in this Section. In order to qualify for benefits under this Section, a child or a guardian of the child must make proper application for benefits and secure the approval of the Advisory Committee and the Trustees. Such approval shall be based upon a comprehensive review of all documents and evidence pertaining to the nature, severity and continuance of the disabling condition. The standards for the disability determination shall generally conform to those employed by the Social Security Administration in conjunction with the payment of supplemental security income benefits for children with disabilities. For the purposes of this subsection, a child will be considered disabled if he or she has a physical or mental condition or combination of conditions that results in "marked and severe functional limitations." The disabling condition must last or be expected to last at least 12 months or be expected to result in the child's death. (Ord. 2005-432-E, § 2)

Jacksonville Ordinance Code § 120.308 Disability.

Sec. 120.308. - Disability. (a) A member shall be disabled under the terms of the Plan if the member has suffered an illness, injury or disease which renders the member permanently and totally incapacitated, physically or mentally, from regular and continuous duty as a corrections. A disability benefit cannot be based on a condition which pre-existed membership in the Plan unless the nature of the injury or illness giving rise to the disability would reasonably be expected to give rise to a disability in a person without the pre-existing condition. (b) A member shall be eligible for a service-incurred disability retirement from the entry date into the Plan. A service-incurred disability retirement shall mean that the disability arose as a result of an act occurring, or presumed by law to have occurred, in the performance of service with the City. (c) A member shall be eligible for a nonservice incurred disability retirement upon the completion of five years of credited service. A nonservice incurred disability shall be an illness, injury, or disease, which did not occur as a result of an act in the performance of service with the City. (d) The service-incurred disability benefit shall be paid on a bi-weekly basis in an amount equal to 50 percent of the average salary earned by the member in the last three years immediately preceding disability retirement, including any period of leave of absence without pay. (e) The nonservice-incurred disability benefit for members with five years of credited service shall be paid on a bi-weekly basis in an amount equal to 25 percent of the average salary earned by the member in the last three years immediately preceding disability retirement, including any period of leave of absence without pay. For each additional year of credited service in excess of five, the benefit shall be increased at the rate of 2.5 percent to a maximum of 50 percent. (f) Disability benefits shall be paid bi-weekly. No benefit shall be paid until the Board of Trustees has actually considered and approved the member's entitlement to disability. (g) Disability retirement income shall continue until the death of the member, or recovery from disability or upon the death of a member, the benefit would be paid at 75 percent to the eligible surviving spouse as defined in Section 120.307(a). (h) The Board of Trustees shall have the continuing right to require disabled members to submit to a medical examination to determine that the member remains disabled. In order for a member to be deemed recovered, the Board-approved physician must recommend to the Board of Trustees that the member has sufficiently recovered to again engage in gainful employment and that the City has certified that it has a position within its work force available for the member consistent with the member's medical condition. The decision by the Board to examine some but not all disability retirees shall not be deemed an abuse of the Board's discretion. (i) Upon finding that a member is no longer disabled, the member shall return to work at the same rank and position previously occupied and shall be placed into the appropriate pay rate based on cost-of-living (COLA) allowances and merit increases which the member would have received but for the disability, as determined by the City. The member shall again become an active member of the Plan if reemployment is accepted. There shall be no creditable service for any period of time in which the member was receiving disability benefits from the System. If the member declines reemployment with the City, the member shall be deemed to have terminated employment on the date that the disability commenced. In such event, the member may receive a return of contributions unless, prior to that date, the member has received disability benefits equal to or greater than the amount of the accumulated contributions. (j) No member shall be eligible to receive disability benefits from the retirement plan during any period of time that the member is receiving a salary from the City. This Section shall not apply to the receipt of workers' compensation benefits. (k) Application for disability retirement shall be made on a form prescribed by the Board of Trustees. The member shall execute such medical releases as are necessary to permit the Board of Trustees to review the medical records needed to determine the question of disability and to discuss said records at a public meeting. Upon receipt of an application for disability, the Board shall appoint not less than one or more than three licensed physicians. The applicant for disability shall be required to submit to examination by the Board-designated physician(s). The Board-designated physician(s) shall report its findings to the Pension Advisory Committee and Board of Trustees, which shall include a determination, to the extent reasonably possible, of the origin of the disability, whether the disability is permanent, and whether the disability is total. In making that determination, the Board-designated physician(s) shall be bound by the definition of disability set forth in this Plan. (l) Upon receipt of the report of the Board-designated physician(s), the Pension Advisory Committee shall schedule a public hearing at which time the Committee shall review all reports of the Board-designated physician(s), together with any such documentary evidence as the applicant may wish to submit. The Committee shall make a preliminary determination as to whether the member is permanently and totally disabled based upon the written documentation presented. If the Committee does not recommend that the Board of Trustees grant the application based on the written documentation, it shall inform the member in writing of the reasons for the denial of the application. The member may, within 30 days of receipt of the Committee's preliminary denial, request a full evidentiary hearing before the Committee. Said hearing will be conducted consistent with the principles of due process and the rules of evidence generally applicable to administrative proceedings shall apply. The Committee shall have the power to issue subpoenas compelling the attendance of witnesses. At said hearing the applicant may present such oral and written evidence as the applicant deems necessary to establish its burden of proof. The applicant and the Committee shall have the right to examine and cross-examine all witnesses. The recommended decision of the Committee shall be based solely upon the evidence presented and the law applicable to this System. Following the conclusion of the hearing, the Committee shall render an opinion in writing setting forth the reasons for recommending the grant or denial of the benefit. The Committee's recommendation shall be reported to the Board, which makes the final determination. In the event that the disability benefit is denied, the applicant may make a formal appeal to the Board. (m) The Board of Trustees may prescribe rules of procedure to implement the provisions of this System relating to the conduct of disability hearings. (n) No member shall be granted a disability pension upon a determination by the Board that the disability resulted from: (1) Excessive and habitual use of drugs, intoxicants or narcotics; (2) Injury or disease sustained while willfully and illegally participating in fights, riots, civil insurrections or while committing a crime; (3) Injury or disease arising from service in the armed forces which entitle the member to disability benefits from the former employer; (4) Self-inflicted wounds or conditions; (5) Pre-existing physical conditions determined from the initial physical examination at time of entry into the Plan. (o) No disability benefit payable from this Plan shall be reduced by any outside income from any gainful employment or occupation engaged in after retirement. (Ord. 2005-432-E, § 2)

Jacksonville Ordinance Code § 120.309 Vesting, Termination, and Re-employment.

Sec. 120.309. - Vesting, Termination, and Re-employment. (a) Except as otherwise provided in this Section, all rights to benefits under this Plan shall terminate when a member's employment terminates for any reason other than normal service retirement or disability retirement. Any member who completes five years of credited service and whose contributions remain in the Plan has a vested right to accrued benefits from the System. No member who has completed less than five years of credited service shall have a vested interest in any accrued benefit. (b) A member who leaves the service of the City prior to eligibility for normal service retirement, but who has completed five years of creditable service, shall be entitled to receive retirement benefits commencing at age 65 at a three percent accrual rate for each year of creditable service. Such benefits will be based on final monthly compensation and credited service as of the date of termination. (c) Except as set forth in subsections (d) and (e), if a retiree or separated vested member re-enters City service in a position covered by this Plan, benefit payments shall cease and the retiree or separated vested member shall again become an active member of the Plan. Upon subsequent retirement, the new pension benefit shall be computed with the original final monthly compensation and credit given for the additional service at the percentage accrual rate provided in Section 120.306(b). For periods of re-employment equal to or greater than four years, the final monthly compensation shall be computed based on the average monthly salary at the percentage rate provided in Section 120.306(b). In no instance shall total benefit exceed 80 percent of final monthly compensation. (d) The provisions of subsection (c) shall not apply to any retiree of this Corrections Officers Retirement Plan employed in a full-time, part-time, or temporary capacity by the City or any of its officers as (i) court bailiff, (ii) logistical and technical support officer, (iii) corrections bond custodian, (iv) chaplain, (v) stable manager, (vi) corrections mail coordinator, (vii) aviation supervisor, (viii) court bailiff supervisor, or (ix) Community Projects inmates work crew supervisor. Being employed in one of the positions identified in this subsection (d) shall not prevent a retiree of this Plan from continuing to receive such retirement benefits as would be available had the retiree not begun employment in one of the previously-mentioned positions. Being employed in one of the positions identified in this subsection (d) shall not permit nor require a retiree of this Plan to be a member of one of the pension plans created by Part II or III of this Chapter or a member of the pension plan created pursuant to Chapter 121. Being employed in one of the positions identified in this subsection (d) shall not permit a retiree to acquire any time service credit in any one of the pension plans created by Part II or III of this Chapter or created pursuant to Chapter 121. (e) The provisions of subsection (a) through (c) shall not apply to the re-employment of any retiree of the Corrections Officers Retirement Plan as a temporary corrections officer if: (1) the re-employment assists the emergency response associated with Emergency Executive Proclamation 2020-001 issued by the Mayor on March 13, 2020; and (2) the Sheriff has determined that the Emergency has caused, or is likely to cause, a significant reduction in the number of full-time corrections officers available for duty and temporary corrections officers are needed to provide sufficient law enforcement and corrections services to the City of Jacksonville. The re-employment of such retirees shall be at the pleasure of the Sheriff and may continue until 60 days after the expiration of Emergency Executive Proclamation 2020-001, or any extension thereof. To be eligible for re-employment, retirees must have a current Florida Department of Law Enforcement corrections officer certification. Being employed as a temporary corrections officer shall not prevent a retiree of this plan from continuing to receive such retirement benefits as would be available had the retiree not begun employment as a temporary corrections officer. Being employed as a temporary corrections officer shall not permit or require a retiree of this plan to be a member of one of the pension plans created by Part II or III of this Chapter 120 or a member of the pension plan created pursuant to Chapter 121. Being employed as a temporary corrections officer shall not permit a retiree to acquire, accrue or exercise any of the rights or benefits provided to active and employed members of the City of Jacksonville General Employees Retirement Plan in any one of the pension plans created by Part II or III of this Chapter or created pursuant to Chapter 121 including but not limited to accrual of time service benefits or credits, the right to purchase time connections, disability benefits, death benefits, children's benefits, participation in BACKDROP, PLOP, etc. (Ord. 2005-432-E, § 2; Ord. 2006-1229-E, § 2; Ord. 2007-1136-E, § 1; Ord. 2017-759-E, § 1; Ord. 2020-220-E, § 1)

Jacksonville Ordinance Code § 120.310 Reserved.

Jacksonville Ordinance Code § 120.311 Amendment or termination of the plan.

Sec. 120.311. - Amendment or termination of the plan. (a) It is the intention of the City and the Board that this pension plan shall constitute an irrevocable trust and no portion of the assets may revert to the employer until all other obligations of the Plan, including the payment to the last surviving member and beneficiary has been paid. No amendment shall result in members receiving lower benefits than those in effect on the date the member commenced service with the City. (b) In the event of termination or partial termination of the Plan, each participant's accrued pension benefit shall become nonforfeitable (100 percent vested) to the extent funded. At such time, the funds shall be appropriated and distributed as provided by law. (c) In the event that the Plan is terminated, the assets of the Plan shall first be distributed to retired members and their beneficiaries. If there is any asset value remaining after the apportionment to retired members and their beneficiaries, apportionment shall next be made to each member in the service who has completed at least five years of credited service and has contributed to the fund for at least five years and who is not otherwise eligible to retire. If there is any asset value after the apportionments to retirees and their beneficiaries and to vested members of the Plan, apportionment shall lastly be made in respect of each member in the service of the City in an amount not to exceed the total value of the member's contributions. In the event that there is any asset value remaining after full apportionment to all members and beneficiaries of the Plan, the excess, if any, shall revert to the City. (Ord. 2005-432-E, § 2)

Jacksonville Ordinance Code § 120.312 Distribution of marital interests in the plan.

Sec. 120.312. - Distribution of marital interests in the plan. (a) In the event that the Board is served with a domestic relations order or other legal process purporting to require the payment of any portion of a member's benefit to another person as a result of dissolution of marriage, the Board shall cause such order to be reviewed to determine compliance with the provisions of the System. As federal law on qualified domestic relations orders does not apply to the Plan, the Plan shall not be required to honor such orders. The Plan shall only be required to honor income deduction orders as provided by Florida law. In the event that the Florida Legislature adopts laws in conflict with this Section, the State law shall control. (Ord. 2005-432-E, § 2)

Jacksonville Ordinance Code § 120.313 Miscellaneous.

Sec. 120.313. - Miscellaneous. (a) The present or future right of a person to money in the Plan or to a retirement allowance, an optional allowance, a death benefit, the return of contributions, or any other right accrued or accruing under the provisions of this Plan shall not be assignable and shall not be subject to execution, garnishment, attachment, the operation of bankruptcy or insolvency law or any other process of law whatsoever, except with respect to alimony, child support or medical payments to a former spouse or minor child. A retiree may authorize deductions from the benefits in this Section for payment of City-sponsored health insurance or dues to retiree organizations of which the retiree is a member. (b) The Board shall have the power to examine the facts upon which any pension has been granted under any prior or existing law or which may be granted in the future or which has been obtained erroneously, fraudulently, or illegally for any reason. The Board is empowered to purge the pension rolls of any person who has been granted a pension under a prior or existing law, or who is hereafter granted a benefit under this Chapter if the granting of that pension is found to be erroneous, fraudulent, or illegal for any reason; and to reclassify any pensioner who has under any prior or existing law or who may under this Chapter be erroneously, improperly or illegally classified. (c) Should any change or error in retirement system records be discovered or result in any member or beneficiary receiving from the Retirement Plan more or less than he or she would have been entitled to receive had the records been correct, the Board shall have the power to correct such error and, as far as possible, adjust the payments in such a manner that the actuarial equivalent of a benefit to which such member or beneficiary was correctly entitled shall be paid. (d) If any member or beneficiary is a minor or is under any other legal disability, the Board of Trustees shall have the power to withhold payment of benefits until the Board is presented with proof satisfactory to the Board of the appointment of a guardian. If the Board becomes aware that any member or beneficiary is incapable of personally receiving and giving a valid receipt for any payment due under the Plan, the Board shall cause notice to be given to that participant or beneficiary of a hearing to determine whether said benefits should continue to be paid until the appointment of a guardian. During the pendency of any such hearing, however, the Board may continue to pay benefits to the member or beneficiary and that such payment shall be a complete discharge of any liability under the Plan for such payment. (e) No award of back pay entered by an arbitrator, the Civil Service Board, or a court shall have the effect of creating a liability in this Plan without said award having first been reviewed by the appropriate Advisory Committee and the actuarial impact of said award having been provided for by the payment of appropriate contributions to the Plan. No such award shall be enforceable to the extent it permits the payment of benefits not otherwise provided for in this Plan. (Ord. 2005-432-E, § 2)

Jacksonville Ordinance Code § 120.314 Deferred Retirement Option Program.

Sec. 120.314. - Deferred Retirement Option Program. In general, and subject to the provisions of this Section, the Deferred Retirement Option Program, hereinafter referred to as the DROP, is a program under which an eligible member of the plan may elect to participate, deferring receipt of normal retirement benefits while continuing employment with the City without loss of any other employee benefits. Upon an eligible member's election to participate in the DROP, the years of credited service and final monthly compensation become frozen for purposes of determining pension benefits. Additional service beyond the date of entry into the DROP shall no longer accrue any additional benefits under the Retirement Plan. The deferred monthly retirement benefits under the DROP shall accrue in the Fund on behalf of the participant, plus interest compounded monthly, as provided in Section 120.314(c)(1), for the specified period of the DROP participation, as provided in Section 120.314(b)(2). Upon termination of employment, the participant shall receive the total DROP benefits, as provided in Section 120.314(c), and begin to receive the previously-determined normal retirement benefits. (a) Eligibility of member to participate in the DROP. All members who are eligible may elect participation in the DROP, provided members comply administratively with the rules and regulations established by the Board for the administration of the DROP. (1) A member who is eligible to receive normal retirement benefits under Section 120.306 may participate in the DROP, provided the member elects to participate within the time limits contained in Section 120.314(b)(2). (2) Effective December 1, 2006, election to participate is made on a date following the date on which the member first reaches the minimum normal retirement benefit after completion of 29 years of credited service. (3) Effective December 1, 2007, election to participate is made on a date following the date on which the member first reaches the minimum normal retirement benefit after completion of 25 years of credited service. (4) Effective December 1, 2008, election to participate is made on a date following the date on which the member first reaches the minimum normal retirement benefit after completion of 20 years of credited service. (5) An eligible member may elect to participate in the DROP by complying with the election process established by the Board. (b) Participation in the DROP. (1) Upon the effective date of the beginning date of the initial DROP period (12/1/06), and for 183 days thereafter an eligible Member may elect to participate in the DROP for a period not to exceed a maximum of 130 full bi-weekly pay periods (60 months) following the date on which the Member begins participation in the DROP. After the 183-day period, the following time limits will apply for eligibility to elect to participate in the DROP. (2) An eligible member may elect to participate in the DROP for a period not to exceed a maximum of 130 full bi-weekly pay periods (60 months) following the date on which the member begins participation in the DROP. The following time limits will apply for eligibility to elect to participate in the DROP: Years of Credited Service at Time Election | Maximum Pay Periods of Participation | Maximum Months of Participation 20 but less than 30 years | 130 bi-weekly | 60 30 but less than 31 years | 78 bi-weekly | 36 31 but less than 32 years | 52 bi-weekly | 24 A member who reaches 32 years of service after the effective date of this Section and who fails to make an election prior to attaining 32 years of service shall forfeit all rights to participate in the DROP. (3) The beginning date of the DROP period shall be the first full bi-weekly day period after the first day of January, April, July or October subsequent to the date of election to participate, or as soon as administratively practical thereafter, and shall not exceed the DROP participation period, as provided in Section 120.314(b)(2). (4) Upon electing to participate in the DROP, the member shall submit on forms prescribed and required by the Board: (i) A written election to participate in the DROP. (ii) Selection of the DROP participation and retirement dates, which satisfy the limitation stated in Section 120.314(b)(2). Such retirement date shall be in a binding application for retirement with the employer establishing a deferred retirement date. The member may change the deferred retirement date within the limitations of Section 120.314(b)(2) on forms required by the Board. (iii) A written notification advising the member's employer of the date on which the DROP shall begin for the member. (iv) A properly completed DROP application for service retirement, as provided in this Section. (v) Any other forms required by the Board. (5) The DROP participant shall be a retiree under the Retirement Plan for calculation of increased pension benefits, unless otherwise prescribed herein, but not for the purposes of employment with the City, and the availability of employee benefits and programs related thereto. DROP participants shall additionally continue to be eligible to vote for members of the Advisory Committee for Corrections Officers. (6) Except as provided by Section 120.314(g) with respect to elected or appointed officials, election to participate in the DROP, once approved by the Board, is irrevocable. (c) Benefits payable under the DROP. (1) Effective with the date of DROP participation, the member's initial normal retirement benefit, including creditable service, final monthly compensation and the effective date of retirement shall be fixed. Such normal retirement benefits, together with annual cost of living adjustments, as provided in Section 120.306(f), and interest shall accrue monthly in the Fund for the benefit of the DROP participant. Such interest shall produce an annual rate of return equal to the rate of return earned on the investment portfolio held by the City of Jacksonville Retirement System, with a minimum of two percent. Interest calculations shall be administered in accordance with rules prescribed by the Board and interest distributions shall be credited using the 30-day month/360-day year method of calculation. (2) The normal retirement benefit and interest thereon shall continue to accrue in the DROP until the established termination date of the DROP, or 90 days after the participant actually retires and no longer is working as a Correctional Officer with the City of Jacksonville. Although individual DROP accounts shall not be established, a separate accounting of each participant's accrued benefits under the DROP shall be calculated and provided to participants annually by the Board. (3) At the conclusion of the participant's DROP and termination of employment with the City, the Board shall distribute the participant's total accumulated DROP benefits, as soon as administratively practical, subject to the following provisions: (i) The Board shall receive written verification by the participant's employer that such participant has terminated employment. (ii) The terminated DROP participant or if deceased, such participant's surviving spouse or representative, shall elect on forms provided by the Board to receive payment of the DROP benefits in accordance with one of the options listed below. For a DROP participant who fails to elect a method of payment within 90 days of termination of the DROP, interest shall no longer accrue in the Fund for the benefit of the DROP participant. For a surviving spouse of a current or former DROP participant who fails to elect a method of payment within 90 days of the date of death of the current or former DROP participant, interest shall no longer accrue in the Fund for the benefit of the DROP participant. (a) Lump sum. All accrued DROP benefits, plus interest, less withholding taxes remitted to the Internal Revenue Service, shall be paid to the DROP participant or surviving spouse. (b) Direct rollover. All accrued DROP benefits, plus interest, shall be paid from the DROP directly to the custodian of an eligible retirement plan as defined in Section 402(c)(8)(B) of the Internal Revenue Code. However, in the case of an eligible rollover distribution to the surviving spouse of the deceased participant, an eligible retirement plan is an individual retirement account or an individual retirement annuity as described in Section 402(c)(9) of the Internal Revenue Code. For purpose of this subsection, an eligible retirement plan shall also mean an annuity contract described in Section 403(b) of the Internal Revenue Code and an eligible plan under Section 457(b) of the Internal Revenue Code which is maintained by a State, political subdivision of a State, or any agency or instrumentality of a State or political subdivision of a State which accepts rollovers and which agrees to separately account for amounts transferred into such plan from this plan. However, in the case of an eligible rollover distribution to the surviving spouse of the deceased participant, an eligible retirement plan is an individual retirement account or an individual retirement annuity as described in Section 402(c)(9) of the Internal Revenue Code. (c) Partial lump sum. A portion of the accrued DROP benefits shall be paid to the DROP participant or surviving spouse, less withholding taxes remitted to the Internal Revenue Service, and the remaining DROP benefits shall either be transferred directly to the custodian of an eligible retirement plan as defined in Section 402(c)(8)(B) of the Internal Revenue Code or distributed in a monthly amount paid bi-weekly in the manner described in option (d) below. However, in the case of an eligible rollover distribution to the surviving spouse of a deceased participant, an eligible retirement plan is an individual retirement account or an individual retirement annuity as described in Section 402(c)(9) of the Internal Revenue Code. The proportions shall be specified by the DROP participant or surviving spouse. (d) Monthly distribution. The account balance shall be distributed in a monthly amount paid bi-weekly of substantially equal amounts until the DROP account is depleted over a stipulated number of bi-weekly periods to be selected by the participant or the surviving spouse, consistent with current corrections pension actuarial mortality tables, less withholding taxes remitted to the Internal Revenue Service. Such selection once made, cannot be changed, unless changed to option (a) or (b) above. The annual rate of interest to be factored into such distribution period shall be the actual rate of return with a floor of 0 percent and a ceiling of 14 percent. (4) The accrued benefits of any DROP participant and any contributions accumulated under such program shall not be subject to assignment, execution, attachment or to any legal process whatsoever, except for federal income tax levies. (5) DROP participants shall not be eligible for the disability retirement benefits provided in Section 120.308 during participation in the DROP. (d) Death benefits under the DROP. (1) Upon the death of a DROP participant, contributions to the DROP shall cease and the surviving spouse shall be entitled to apply for and receive the accrued benefits in the DROP and apply for surviving spouse benefits in accordance with the provisions of Section 120.307. If there is no surviving spouse, the accrued benefits in the DROP will be paid to the estate of the member as provided by law. (2) The normal retirement benefit accrued for the benefit of the DROP participant during the month of a participant's death shall be the final monthly benefit credited for such DROP participant. (3) Eligibility to participate in the DROP terminates upon the death of the participant. If the participant dies on or after the effective date of enrollment in the DROP, but prior to the first monthly benefit being credited to the DROP, retirement benefits shall be paid to the surviving spouse in accordance with the provisions of Section 120.307. (e) Cost of living adjustment. On the first full bi-weekly pay period after December 1, 2008, or as soon as administratively practical thereafter, and for the first full bi-weekly pay period after each succeeding December 1st, the deferred retirement benefit shall be increased pursuant to Section 120.306(f). (f) Supplemental benefit. DROP participants are not eligible for the supplemental benefit set forth in Section 120.306(g) until termination of employment is effectuated. (g) DROP rescission for elected or appointed officials or appointed employees. The irrevocable nature of DROP participation shall not apply in the case of a DROP participant who becomes an elected or appointed official or an appointed employee with such member being granted the option of rescinding DROP participation within one calendar year of election or appointment. In such event of DROP rescission, the elected or appointed official or the appointed employee shall be granted pension service credit for DROP participation periods, the City shall be assessed the amount of City contributions that otherwise would have been remitted to the Fund by the City during the DROP period, the member will be required to make the contributions in accordance with the provisions of Section 120.306, and the retirement leave account frozen and removed shall be restored. All deposits plus interest into the DROP account will revert to the Fund. Such appointed and elected officials or appointed employees shall be permitted to re-enroll into the DROP at a later date. However, members who were former DROP participants and who retired while in such status shall not be eligible to rejoin membership into the Fund. (h) Contributions and deductions. (1) The participant's employer shall not be required to make any contributions to the DROP. (2) A deduction of two percent per annum shall be made from all base pay and service raise of DROP participants as the contribution from the participant during the period of DROP participation, with such amount being credited to the Fund. (3) Members of the Fund may be removed from the regular City payroll for a variety of reasons. Such circumstances may include various forms of requested leaves of absence without pay, suspensions without pay, terminations under appeal and removals pending the outcome of criminal charges. DROP participants who may be removed from the regular City payroll for all or a portion of a particular pay period(s), which is not covered by the use of leave balances, are unable to comply with the obligation to make the payment of the two percent per annum deduction from earnable compensation. During such period of noncompliance (except in the case of military leaves of absence which shall be governed in accordance with F.S. § 115.12), the participant shall experience an interruption in the bi-weekly remittances to the participant's DROP account and such period of interruption shall count against the selected period of DROP participation. However, in the event that any such period of involuntary leave without pay was reversed and such period was accompanied by the award of back-pay from which the required DROP contribution is assessed, the DROP remittances which were interrupted during such period shall be credited to the participant's DROP account, along with any deferred interest related thereto. (i) Forfeiture of retirement benefits. Nothing in this Section shall be construed to remove DROP participants from the scope of Fla. Const. Article II, Section 8(d), or F.S. § 112.3173. A DROP participant who commits a specified felony offense while employed will be subject to forfeiture of all retirement benefits, including DROP benefits, pursuant to those provisions of law. (j) Administration of the DROP. The Board shall make such rules as are necessary for the effective and efficient administration of the DROP. Neither the Board nor staff of the Fund shall advise members of the federal tax consequences of an election related to the DROP. A copy of the rules and regulations governing the DROP shall be on file with the Council Secretary and with the Board. (k) Retirement leave account distribution during the DROP. Members who have a balance in their retirement leave account will have the account paid in accordance with Section 116.606(a), (b), and (c). (Ord. 2006-1229-E, § 2; Ord. 2007-1112-E, § 2; Ord. 2008-983-E, § 2; Ord. 2017-258-E, § 1)

Jacksonville Ordinance Code § 120.315 Continuation of Benefits.

Sec. 120.315. - Continuation of Benefits. The City and any authorized certified bargaining agent shall have all of the rights and be subject to the provisions of F.S. Ch. 447, including but not limited to the requirement for negotiations, the term limitation set forth in F.S. § 447.309(5), and the impasse process, provided however, that the City shall not unilaterally alter Members' pension benefits, as authorized by F.S. § 447.403(4)(d), for a period of three years from October 1, 2017, and such period shall automatically extend for two additional three-year periods, and one additional one-year period, under the following circumstances: if the fiscal condition of the economy for the City of Jacksonville, as determined and certified in writing by the City's Director of Finance and Administration, within 90 days after the termination of the first three-year period, and, if applicable, within 90 days after the termination of the second three-year period, and, if applicable, within 90 days after the termination of the third three-year period, meets the all of the following requirements: (i) The average annual growth rate of the City of Jacksonville's total share of ad valorem revenues collected for Duval County for the three most recent fiscal years is no less than 2.5 percent, as provided in writing by the City's Director of Finance and Administration. For the purposes of this subsection, during a particular fiscal year, if (1) there is a millage rate reduction, and (2) the 2.5 percent threshold is not met, that particular fiscal year shall not be counted as part of the three most recent fiscal years' average and instead on the remaining non-effected fiscal years shall be used to calculate the average annual growth; and (ii) The time-weighted, average annual gross return on investment for the General Employees Pension Fund for Correctional Officers for the three most recent fiscal years is no less than the actuarial assumed rate of return, less one percent, as provided in writing by the General Employees Pension Fund investment consultant. (iii) The three most recent fiscal years shall be the three fiscal years terminating prior to or during the 90-day period(s) noted above; (iv) The automatic extension referenced above shall not take effect if the certified collective bargaining agent declares an impasse on retirement benefits; and (v) The average annual growth rate in ad valorem taxes, provided for in subsection (i) above, shall be the actual cash collections, as determined by the Chief Financial Officer within 90 days of the end of the prior fiscal year. (Ord. 2017-258-E, § 1)

Source: City of Jacksonville, Ordinance Code and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/jacksonville/codes/code_of_ordinances?nodeId=TITVADPE_CH120GEEMCOOFPEPLALEMDECOREPL_PTIIICOOFREPLFetched: 10/27/2026