Sec. 16.18. - [Contract for participation.]
Whenever any employee, within the terms of this Act [division], employed at present or subsequently, shall file his election with the City of Tampa as hereinbefore provided, the City, within thirty (30) days thereafter, is hereby authorized, empowered and directed to prepare a contract for execution between the parties hereto, to wit: the City and said employee, which contract shall be in the following form, to wit:
THIS AGREEMENT, made and entered into this (here set forth the date) between City of Tampa, a municipal corporation under the laws of the State of Florida, hereinafter referred to as City, party of the first part, and ___________ (naming individual employee), hereinafter described as employee, part [party] of the second part.
WITNESSETH:
That whereas the said City is authorized and directed to enter into contract with said employee of the said City, under and by virtue of Chapter No. _____ (here set forth the number of Chapter of this Act), Acts of Legislature, being in the words and figures following, to wit: (here insert this Chapter, except the terms of contract provided for in this section), and
WHEREAS it is beneficial to the said City to have its said employees protected by the terms of said fund and benefit and the said employee is desirous of participating in said fund and benefits, it is thereupon,
UNDERSTOOD AND AGREED by and between the parties that the party of the second part does hereby allot, out of his salary, wages or compensation, paid to him by the said City, two percent of said compensation, wages or salary and does hereby authorize and direct the disbursing officers or officers of said City to retain out of said wages, salary or compensation said percentage in compliance with the terms of the aforesaid Act of the Legislature, and to continue to make said allotment and authorized [sic] said deduction throughout the entire time of his employment or reemployment, or until such time as he shall be entitled to receive the pension allowance or benefit provided by the fund created in the aforesaid Act.
IT IS FURTHER UNDERSTOOD AND AGREED by and between the parties that the said City, party of the first part, will accept said allotment or deduction from the salary, wages or compensation of said employee aforesaid, and when, under the terms of the aforesaid Act, said employee or other beneficiary of said employee shall be entitled, under the terms of the aforesaid Act to receive the benefits from said fund therein created, will pay said sum or sums from said fund and all other benefits so authorized to said employee or his other beneficiaries, in accordance with the terms of said Act, without diminution or deduction.
IT IS FURTHER UNDERSTOOD AND AGREED that this contract shall remain in force without change, modification or amendment, until all the purposes now intended to be fulfilled shall have been fully performed, except that payment or other benefits to the party of the second part or his beneficiaries may be increased but not diminished.
IT IS FURTHER UNDERSTOOD AND AGREED that the percentage of the allotment of or deduction from the salary, wages or compensation of the said employee shall not be increased during the term of this contract but may only be decreased or diminished by the party of the first part, nor shall said employees lose any rights under the terms of this contract by reason of the refusal of said City at any time during the terms hereof to make allotment or deduction from said wages, salary or compensation.
IT IS FURTHER UNDERSTOOD AND AGREED that it is the intention of the parties hereto to create vested rights in the respective parties not to be hereinafter impaired for any cause whatsoever.
IT IS FURTHER UNDERSTOOD AND AGREED that the terms of the Act hereinbefore set forth are declared to be a part of this contract and this 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, (here follow signature and seals).
Said contract or agreement is to be executed in duplicate[,] one copy to be retained by the City, the other copy to be delivered to the said employee joining in said contract, and shall thereafter be and remain a contract binding upon the said City and the employee, and enforceable in any Court in the State of Florida having jurisdiction of actions upon contracts in like amount, and by such relief, ordinary or extraordinary, at law, or in equity as may be suitable or appropriate in similar causes.
(Laws of Fla. 1941, Ch. 21590, § 12; Compiled Charter 1958, § 460)