THE GENERAL EMPLOYEES RETIREMENT PLAN

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

in effect

Jacksonville Ordinance Code § 120.201 Definitions.

Sec. 120.201. - 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/or 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 an interest rate of 8.4 percent. 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) And shall have a conjunctive meaning. (e) Beneficiary/Retiree shall mean any person receiving a retirement allowance and/or other benefit from the Retirement System. (f) Benefit shall mean a retirement allowance and/or other payment provided by the Retirement System. (g) Board or Board of Trustees shall mean the Board of Trustees of the Retirement System. (h) City shall mean the City of Jacksonville Florida, JEA, the Jacksonville Housing Authority, the Jacksonville Police and Fire Pension Board of Trustees, and those City agencies with employees who are active members of the Retirement Plan. (i) 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; provided that employees of JEA actively employed on the effective date of a Recapitalization Event shall be granted credited service pursuant to Section 120.209(b)(1) and (2). (j) Disability shall mean the permanent and total incapacity to perform regular and continuous duties as an employee or officer for the City. 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. (k) Early Service Retirement shall mean a member's withdrawal from service under circumstances permitting the payment of a retirement benefit before such member is eligible for normal service retirement. (l) 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). (m) 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 general employees, all other eligible employees of the City, JEA, the Jacksonville Housing Authority and the Jacksonville Police and Fire Pension Board of Trustees, and employees of outside agencies covered by this Plan. (n) 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 years of employment. (o) Advisory Committee for General Employees shall mean the committee charged with the review of applications for benefits under the Plan, except those matters relating solely to corrections officers. (p) Fund or System shall mean the City of Jacksonville Retirement System. (q) May shall mean a permissive term. (r) Member shall mean an employee, as defined by subsection (m) above, actively employed by the City for whom contributions to the Retirement Plan are made as required by this Chapter and shall be consistent with the provisions of Section 120.202(a). (s) Pension shall mean a series of periodic payments payable in bi-weekly installments. (t) Pick-Up Amounts shall mean employer contributions derived from a member's earnable compensation through a reduction in the member's earnable compensation. (u) Plan Year shall mean the period from and including October 1 through September 30 of the following year. (v) Retirement shall mean a member's withdrawal from active membership with a benefit granted to the member pursuant to the provisions of this Chapter. (w) Retirement Allowance shall mean a pension provided by the Retirement Plan. (x) Retirement Plan shall mean the City of Jacksonville General Employees' Retirement Plan. (y) Service shall mean active service as an employee. (z) 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 Chapter, Florida Statutes, and the summary plan description, the terms of this Chapter shall prevail. (aa) 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. (bb) Trustee shall mean a member of the Board of Trustees of the Retirement System. (cc) Vested Benefit shall mean an immediate or deferred benefit to which a member has gained a nonforfeitable right under the provisions of this Chapter. (dd) Minimum Vesting shall mean five years of credited service before the member is entitled to retirement benefits except for service-incurred disability retirement income or service incurred death benefits. Employees of JEA actively employed on the effective date of a Recapitalization Event shall be deemed to have reached Minimum Vesting without regard to the number of years of Credited Service. (ee) General Employee shall mean an employee of the City, other than a corrections officer, for whom contributions are made to this Plan. (ff) JEA shall mean the former Jacksonville Electric Authority and its employees who shall be considered employees under the terms of this Plan. The term JEA shall also be construed to mean former employees of the St. Johns River Power Park (SJRPP). (gg) 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. (hh) Recapitalization Event shall mean the closing and funding of a transaction or a series of related transactions in accordance with Article 21 of the Charter of the City of Jacksonville and any other applicable law that results in either (i) unencumbered cash proceeds to the City of Jacksonville of at least $3,000,000,000 or (ii) at least 50 percent of the net depreciated property, plant and equipment value of either JEA's electric system or JEA's water and wastewater system being transferred, assigned, sold or otherwise disposed of. The effective date of a Recapitalization Event shall be the date of closing of a transaction that results in either of the above two contingencies occurring, or in the case of a series of related transactions, the date of a closing of a transaction that, when combined with other prior transactions in the series, results in either of the above two contingencies. (Ord. 2005-432-E, § 2; Ord. 2015-422-E, § 1; Ord. 2017-258-E, § 1; Ord. 2019-566-E, § 1)

Jacksonville Ordinance Code § 120.202 Membership.

Sec. 120.202. - 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 if hired before October 1, 2017. Any full-time civil service employee hired on or after October 1, 2017, shall not be eligible for membership in the Plan but shall be a member of the defined contribution plan as provided for in Part V, Subpart A. (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 General Employees Defined Contribution plan provided for in Part V, Subpart A. This prohibition shall apply to employees of JEA regardless of method of accrual or computation of years of Credited Service. (4) JEA employees who received additional Credited Service pursuant to Section 120.209(b) may be reemployed by the City of Jacksonville, and if otherwise eligible, re-enroll in the Retirement Plan. However, the employee will not receive additional credited service or be required to make employee contributions until their actual period of employment by the City following re-enrollment in the Plan exceeds the period of Credited Service granted to them pursuant to Section 120.209(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 persons hired on or after the beginning of the first full pay period after October 1, 2009, and before October 1, 2017, must elect between the General Employees Retirement Plan (DB plan) and the GEDC plan following New Employee Orientation (NEO). Failure to make a timely election shall be deemed an election to enroll in the DB plan. Any general employee hired on or after October 1, 2017 shall be a member of the GEDC. (d) If a new employee chooses the GEDC plan, the employee may elect to revert to the DB plan not later than the employee's fifth anniversary of employment, following certification that the employee has completed the intensive training program sponsored by the City. In addition, the employee shall have a one-time option after the employee's fifth anniversary of employment and prior to retirement to convert back to the DC plan. For purposes of this Section as it applies to JEA employees only, the fifth anniversary shall be based on the actual period of JEA employment and not years of Credited Service pursuant to Section 120.206(a) or Section 120.209(b). (e) If a new employee initially chooses the DB plan, and then elects to transfer to the GEDC plan within the first five years of employment, then the employee will have the remaining portion of the initial five-year period of employment to elect to transfer to the DB plan. This initial five-year window will be open to a new employee regardless of his or her initial choice of Plan, but the number of changes from one Plan to the other will be limited to three during such five-year period. All employees seeking to revert from the DB plan to the DC plan must be certified to have completed the intensive training program sponsored by the City. A new employee who elects the DB plan will have an additional option after the first five years of employment to convert to the DC plan at any time prior to retirement from the City. A new employee who elects the GEDC plan will not have any option after the end of the first five years of employment to convert to the DB plan. For purposes of this Section as it applies to JEA employees, the fifth anniversary or first five years of employment or five-year window shall be based on the actual period of JEA employment and not years of Credited Service pursuant to Section 120.206(a). (f) JEA employees hired before October 1, 2017 who are members of the General Employees Defined Contribution Plan and who are actively employed on the effective date of a Recapitalization Event shall be permitted to transfer to the DB Plan. Such JEA employees who transfer to the DB Plan will receive Credited Service under the DB Plan for the actual period of their JEA employment prior to the transfer, as well as Credited Service granted pursuant to Section 120.209(b)(1) or (2). JEA employees hired before October 1, 2017 and who are actively employed on the effective date of a Recapitalization Event but who are not yet vested shall be subject to the provisions of Section 120.209(b)(1). (Ord. 2005-432-E, § 2; Ord. 2007-1136-E, § 1; Ord. 2013-167-E, § 1; Ord. 2015-311-E, § 2; Ord. 2017-258-E, § 1; Ord. 2019-566-E, § 1)

Jacksonville Ordinance Code § 120.203 Contributions; refunds of contributions.

Sec. 120.203. - Contributions; refunds of contributions. (a) The City shall pick-up, rather than deduct from each member's pay, beginning with the date of membership, eight percent of the member's earnable compensation, prior to October 1, 2017. On and after October 1, 2017 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 Plan 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 Plan 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 Plan on a sound actuarial basis, 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 60 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 Plan shall be paid from the Plan. (e) The City shall have no right, title or interest in the Plan or in any part thereof, and no contribution made thereto shall revert to the City, except such part of the Plan, if any, which remains therein after the satisfaction of all liabilities to persons entitled to benefits under the Plan. (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. (j) In consideration of the exit of JEA employees from active membership in the Plan upon a Recapitalization Event and the additional benefits granted to them in Section 120.209(b), JEA shall make an additional contribution to the Plan in a lump sum within 14 days following the funding of a Recapitalization Event. That additional contribution shall be calculated as an amount necessary to maintain the Plan's level of Unfunded Actuarial Accrued Liability, as calculated for funding purposes, and shall be based on an actuarial valuation agreed upon by JEA and the City Finance Department as near as practical to the date of execution of definitive documents. Other events during the year may affect the Unfunded Actuarial Accrued Liability. However, the objective underlying the calculation of this additional contribution from JEA is for the Plan's Unfunded Actuarial Accrued Liability not to be affected by the transaction, i.e., the Unfunded Actuarial Accrued Liability shall be the same before as after the date of the Recapitalization Event. This objective and the calculation of the additional contribution shall recognize the actuarial gain occurring due to the exit of all Plan members employed by JEA, converting from active employees to either retirees or vested separated members, and shall recognize the cost of the additional benefits granted to such members and as described in this Part II by reason of the Recapitalization Event. Following a Recapitalization Event, and the payment by JEA of the contribution required by this Section, the Plan's Unfunded Actuarial Accrued Liability attributable to JEA shall be an obligation of the City of Jacksonville. After the Recapitalization Event and the exit of JEA employees from active membership in the Plan, the Plan shall not have any recourse against JEA or its successor for any employer contribution or other amortization payments on the Unfunded Actuarial Accrued Liability. (Ord. 2005-432-E, § 2; Ord. 2007-1136-E, § 1; Ord. 2017-258-E, § 1; Ord. 2019-566-E, § 1)

Jacksonville Ordinance Code § 120.204 Credited service; time connections; prior service.

Sec. 120.204. - 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 this subsection shall become effective upon the payment of an employee contribution 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, 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 in Duval County under the Florida Retirement System; (3) The State Attorney in Duval County; (4) The Public Defender in Duval County; (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. (g) Active Members with eligible service in a Section 120.204(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 120.204(f) and 120.204(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 120.204(a) and shall not be subject to Sections 120.204(f) and 120.204(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. (j) Notwithstanding any provision of this Chapter to the contrary, in the case of members hired on or after March 1, 2009, all purchases of service and time connections in excess of ten (10) years shall be made at the full actuarial cost of the service as determined by the actuary for the System. For members hired prior to March 1, 2009, the current program of unlimited time connection shall be continued through February 28, 2011. Failure of an eligible member to commence payment for the time connection prior to that date shall be deemed a voluntary waiver of such right and the member shall be treated for the purposes of this Section as if first employed on or after March 1, 2009. Persons eligible for membership in the Plan shall remain eligible to elect membership and purchase prior service notwithstanding prior participation in Social Security. (Ord. 2005-432-E, § 2; Ord. 2007-1136-E, § 1; Ord. 2017-258-E, § 1)

Jacksonville Ordinance Code § 120.205 Purchase of military service credit.

Sec. 120.205. - 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 § 120.206 Time service retirement benefit; cost-of-living adjustments.

Sec. 120.206. - Time service retirement benefit; cost-of-living adjustments. (a) A member may retire on the next pay period following: the date upon which the member completes 30 years of credited service, regardless of age; or the date upon which the member attains age 55 with 20 years of credited service or the date upon which the member attains age 65 with five years of credited service. There shall be no mandatory retirement age. (b) A normal retirement benefit shall be determined by multiplying 2.5 percent of final monthly compensation as defined in Section 120.201 by the number of years of credited service to a maximum of 80 percent. Members actively employed by JEA on the effective date of a Recapitalization Event who are, at that time, eligible for time service retirement benefits pursuant to Section 120.206(a) shall be treated in all respects as retired as of such date and entitled to immediate retirement benefits and attendant rights as described in this Part II. (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) Early retirement shall be available to a member the first full pay period following the completion of 25 or more years of service, but less than 30 years of service, regardless of age with a benefit of two percent per year of credited service or the attainment of age 50 and a completion of 20 years of credited service with the benefit of 2.5 percent per year of credited service reduced by 0.5 percent for each month the benefit commencement precedes age 55. (e) The payment of the early retirement income shall be subject to the same conditions as normal retirement income. (f) In the event a member elects early retirement, the benefit formula in effect on the early retirement date shall be applicable to the member. (g) 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. (h) 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. (i) 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. 2019-566-E, § 1)

Jacksonville Ordinance Code § 120.207 Surviving spouse benefits; children's benefits; orphans' benefits; dependent parents; funeral expenses.

Sec. 120.207. - 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 member 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. (l) For members actively employed by JEA on the effective date of the Recapitalization Event as described in Section 120.209(b)(1) and 120.209(b)(2) that receive additional credited service and will have a deferred retirement benefit, in the event of the death of such a member subsequent to the effective date of a Recapitalization Event but prior to the date of eligibility for monthly benefits or the date of application to rescind the deferred vested accrued benefit, the eligible surviving spouse shall receive a benefit of 75 percent of the deferred benefit but based on a two percent accrual instead of 2.5 percent. The supplement paid will be based on actual service. (1) The benefit shall be paid immediately effective the day after the death of the former employee. (2) The benefit will be increased by ten percent for each surviving child under 18 until the child turns 18 up to a maximum of 100 percent of the former employee benefit calculated at the two percent accrual rate. (3) If there is no eligible spouse, minor children will receive a benefit of $300 per month until age 18 (with no supplement) up to the same maximum. (4) Orphaned children will be paid the same benefit as the spouse. (5) In the case of multiple children, the benefit is to be paid in an amount not to exceed the total eligible spousal benefit. (6) In the cases with child benefits with no eligible spouse, if employee contributions remain after all payments are made to children they will be paid to any eligible children after the last child turns 18. (7) If there is no eligible surviving spouse or surviving children, the estate will be paid the value of the employee contributions only. (Ord. 2005-432-E, § 2; Ord. 2019-566-E, § 1)

Jacksonville Ordinance Code § 120.208 Disability.

Sec. 120.208. - Disability. (a) A member shall be disabled if the member has suffered an illness, injury or disease which renders the member permanently and totally incapacitated, physically or mentally, as established by competent medical evidence from regular and continuous duty as an employee or officer of the City, as established by competent medical evidence. The term "regular and continuous" as used in the foregoing sentence 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. (b) In the case of a disability arising from an accident, injury or illness incurred in the performance of service with the City, the long-term disability benefits shall be equal to 50 percent of the member's earnable compensation at the time of disability. There shall be no minimum period of service for a service-related disability. (c) In the case of a disability not arising from an accident, illness or injury arising in the performance of service with the City, the long-term disability benefit shall be equal to 25 percent of the member's earnable compensation at the time of disability. In the event the member has more than five years of service, the non-service related disability benefit shall be increased by two and one-half percent of the member's earnable compensation for each year after five years of service to a maximum of 50 percent. There shall be no non-service-related disability benefits for members with less than five years of service at the time of disability. In that event, members separating from service shall receive a return of employee contributions. (d) Long-term disability benefits shall be payable until the earlier of recovery and return to work or death; upon the death of a member, the benefit shall be paid at 75 percent to the eligible surviving spouse as defined in Section 120.207(a). (e) No member shall be eligible to receive disability benefits during any period of time that the member is receiving a salary from the City. Disability benefits shall not be reduced because the member is or was receiving workers' compensation payments unless the sum of the disability benefits and workers' compensation exceed the compensation on which workers' compensation benefits are computed. In such case, the disability benefits shall be reduced to an amount which when added to the workers' compensation payment will equal the compensation on which workers' compensation benefits are computed. (f) Disability benefits shall be paid bi-weekly. No benefit shall be paid until the Pension Board of Trustees has actually considered and approved the members' entitlement to disability. (g) No disability benefit payable shall be reduced by any outside income from any gainful employment or occupation engaged in while disabled. (h) In the case of a member who is vested at the time of the disability, any time service retirement benefit payments from the Plan shall be reduced by the amount of disability benefit payments received, up to the amount of the disability benefit. If the accrued time service retirement benefit payment exceeds the disability benefit payment, the Plan shall pay the difference. In the case of a vested member who is receiving disability benefits and who dies prior to the date of eligibility for Plan benefits, the employee contributions to the Plan shall be refunded in accordance with the provisions of Section 120.203(h). In the case of a non-vested member who becomes eligible to receive disability benefits, the employee contributions to the Plan shall be refunded in accordance with the provisions of Section 120.203(h). Vested members who are receiving disability benefits shall not be entitled to any retirement benefits except as stated in this paragraph. (i) The Pension 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 or denial of equal protection of the law. (j) 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. 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. (k) Application for disability shall be made on a form prescribed by the Pension 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 may 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 in this Section. (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 applicable law. 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. If the Committee recommends denial of the disability benefit, the applicant may make a formal appeal to the Board. (m) The Pension Board of Trustees may prescribe rules of procedure to implement the provisions of the Disability Program relating to the conduct of disability hearings. (n) No member shall be granted a disability benefit upon a determination by the Pension Board of Trustees that the disability resulted from: (i) Excessive and habitual use of drugs, intoxicants or narcotics; (ii) Injury or disease sustained while willfully and illegally participating in fights, riots, or civil insurrections, or while committing a crime; (iii) Injury or disease arising from service in the armed forces which entitle the member to disability benefits from the former employer; (iv) Self-inflicted wounds or conditions. (o) A portion of the member contributions, as defined in Section 120.203(a), equal to three tenths percent (0.3%), shall be picked-up to fund the disability benefit. The City shall contribute such additional sums as are necessary to fund the disability benefit on a sound actuarial basis. (Ord. 2005-432-E, § 2; Ord. 2007-1136-E, § 1; Ord. 2017-258-E, § 1)

Jacksonville Ordinance Code § 120.209 Vesting, termination, re-employment.

Sec. 120.209. - Vesting, termination, 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, early 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 shall leave the service of the City prior to eligibility for normal service retirement or early service retirement, but who has completed five years of creditable service shall be entitled to receive retirement benefits commencing at age 65 at a 2.5 percent accrual rate for each year of creditable service. Such benefits will be based on final monthly compensation as defined in Section 120.201(n) and credited service as of the date of termination. (1) Notwithstanding any provision to the contrary in this Part II, members actively employed by JEA on the effective date of a Recapitalization Event who have, at that time, completed less than five years of credited service: a. Shall be treated for all purposes under this Part II has having, as of such date, completed five years of credited service for vesting eligibility and for benefit accrual purposes and shall be considered vested in such accrued benefit and treated as a Vested Separated Member; b. Shall be entitled to receive such monthly accrued benefit commencing on the date otherwise applicable to Members as set forth in Section 120.209(b) based on five years of credited service and final monthly compensation determined based on the member's average monthly compensation for the highest 36 consecutive months of JEA service, or if the member's actual period of JEA service is less than 36 months, the monthly average for the actual period of service, to the effective date of such Recapitalization Event; c. May rescind the deferred vested accrued benefit and, in lieu of the right to any future benefit from the Plan, receive a single sum amount equal to twice the accumulated employee contributions, without interest, either by lump sum payment or by rollover, as provided in Section 120.203, provided the application to rescind vested rights is received by the Plan not less than six months prior to the date the deferred vested benefit would be payable; and (2) Notwithstanding any provision to the contrary in this Part II, members actively employed by JEA on the effective date of the Recapitalization Event who have, at that time, completed five or more years of credited service but who have not satisfied the conditions for time service requirement set forth in Section 120.206(a) shall: a. Shall be treated for all purposes under this Part II as a vested separated member; b. Shall have additional years of credited service added for benefit accrual purposes as follows: each such vested separated member's monthly deferred vested benefit accrued as of the effective date of such Recapitalization Event shall be determined using the number of years of credited service such member would have as of their earliest normal retirement date (i.e., the earliest date the conditions set forth in Section 120.206(a) would be satisfied if such member were to continue to working in covered employment until such date); c. Shall have the monthly vested benefit accrued as of the effective date of such Recapitalization Event determined using the member's final monthly compensation as of the effective date of such Recapitalization Event; d. Shall have the monthly vested benefit accrued as of the effective date of such Recapitalization Event determined with recognition of any minimum benefit applicable under Section 120.206(g) including any indexation of the minimum as described therein; e. Shall be entitled to receipt of such monthly vested benefit accrued commencing on the earliest normal retirement date (i.e., the earliest date the conditions set forth in Section 120.206(a) would be satisfied if such member were to continue to work in covered employment until such date). (3) Following a Recapitalization Event, and the accrual of additional service pursuant to Section 120.209, JEA employees shall have no further accruals under the Retirement Plan unless reemployed by the City and in accordance with Section 120.202(a)(4). (c) 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 in accordance with the provisions of Section 120.206, but based on a final monthly compensation computed as if there were no gap in time between the original retirement date and the reemployment date, provided that the period of re-employment exceeds one year. This Section shall not apply to retired members re-hired as poll workers, part-time workers or temporary workers. (d) Notwithstanding the provisions of subparagraph (c) above, or any other City ordinance to the contrary, any time service retiree of the City of Jacksonville General Employees Retirement Plan, who otherwise qualifies, may be re-employed by the City on a part-time or temporary basis without the cessation of retirement benefits payable to such retiree pursuant to Chapter 120, Ordinance Code, because of, and during, such re-employment. For purposes of this subparagraph (d), the term "part-time" shall mean a position routinely requiring fewer than 25 hours of work per week (50 hours per pay period) on a regular and recurring basis, and the term "temporary" shall mean a full-time temporary position required for less than six months on a special assignment or to replace an employee on leave. Part time employees working for the Supervisor of Elections may, during the period beginning eight weeks before and ending two weeks after an election conducted by the Supervisor of Elections, work more than 25 hours per week (50 hours per pay period) without the cessation of retirement benefits payable under Chapter 120, Ordinance Code. In no event shall any time service retiree of the City of Jacksonville General Employees Retirement Plan acquire time service credit or any other benefit under Chapter 120, Ordinance Code, during, or in connection with, such re-employment, nor shall any amendment to the Plan not otherwise applicable to retired members apply to any re-employed retired member. (e) Members of the General Employees Retirement Plan may be re-employed by the City on a full-time basis in any capacity. In that event, payment of retirement benefits and accrual of COLA benefits shall be suspended for the period of re-employment and the retired members shall again become active members of the Plan. Upon the completion of the period of re-employment, and provided that the period of re-employment exceeds one year, the time service retirement benefit shall be re-computed, taking into account the additional credited service and any change in final monthly compensation occurring from the period of re-employment, as provided in Section 120.209(c). In the case of a member of the General Employees Retirement Plan who is re-employed in accordance with this Section, the member may, in lieu of continuing in the Plan, make a one-time, irrevocable election to join the Defined Contribution Plan as set forth in Sections 120.501A, et seq. Such election must be made within 90 days of re-employment. In the case of such an election, the member's benefits in the General Employees Retirement Plan shall be frozen at the level in effect at the time of re-employment and will re-commence at the same amount upon separation from service. Members electing to join the Defined Contribution Plan shall not accrue any additional benefits, service, pensionable compensation, plan amendment or any other benefit from the General Employees Retirement Plan except for the benefits to be restarted upon separation from service; provided however that the accrual of COLA benefits under the General Employees Retirement Plan shall not be affected during such re-employment period. (Ord. 2005-432-E, § 2; Ord. 2006-1391-E, § 2; Ord. 2007-1136-E, § 1; Ord. 2017-258-E, § 1; Ord. 2019-566-E, § 1; Ord. 2022-412-E, § 2)

Jacksonville Ordinance Code § 120.210 Reserved.

Jacksonville Ordinance Code § 120.211 Amendment or termination of the plan.

Sec. 120.211. - 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. 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 § 120.212 Distribution of marital interests in the plan.

Sec. 120.212. - 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 § 120.213 Miscellaneous.

Sec. 120.213. - 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 § 120.214 BACKDROP.

Sec. 120.214. - BACKDROP. (a) There is hereby created a BACKDROP retirement option (the "BACKDROP") to the Retirement Plan, which shall allow any member, who has 30 or more years of credited service, to elect to have that member's retirement benefits calculated as if the member actually had retired at any earlier date after the date the member earned 30 years of credited service. (b) Any member who has 30 or more years of credited service is eligible to participate in the BACKDROP. (c) (1) An eligible member may elect to participate in the BACKDROP by submitting the following to the Pension Department: (i) One copy of a signed and submitted letter of resignation dated effective as of the date of election to participate in the BACKDROP. (ii) A properly completed BACKDROP application on forms provided by the Pension Department, which, once submitted, shall be irrevocable by the member. (iii) Subject to Section 120.214(e), selection of the dates that begin and end the period of participation in the BACKDROP (the "BACKDROP Period). (iv) Any other documents or information as may be reasonably required by the Pension Department. (2) For purposes of this Section, each eligible member who elects to participate in the BACKDROP and satisfies all of the requirements of this Section shall be referred to as a "BACKDROP Participant." (d) A BACKDROP Participant must resign and retire from the City as of the date of election to participate in the BACKDROP. No benefits shall be paid under this Section unless and until the BACKDROP Participant has resigned and retired from the City. (e) A BACKDROP Participant's BACKDROP Period shall not: (1) Commence prior to October 1, 2005; (2) Commence at any date earlier than the date the BACKDROP Participant earned 30 years of credited service; and (3) Exceed 60 months. (f) (1) Provided the BACKDROP Participant has satisfied all requirements set forth in this Section, the BACKDROP Participant shall be entitled to receive an amount equal to: (a) The amount of the normal retirement benefits the BACKDROP Participant was eligible to receive during the BACKDROP Period had the BACKDROP Participant actually retired at the commencement of the BACKDROP Period instead of electing to participate in the BACKDROP, as determined by an actuary engaged by the Retirement Plan; and (b) The amount of interest to be credited pursuant to Section 120.214(g). (2) Upon expiration of the BACKDROP Period, the BACKDROP Participant thereafter shall be eligible to receive normal retirement benefits pursuant to Section 120.206. (3) A BACKDROP Participant shall not accrue additional credited service under the Retirement Plan after the commencement of the BACKDROP Period. (g) For each year during the BACKDROP Participant's BACKDROP Period, the amount of the BACKDROP Participant's BACKDROP benefits shall be credited with interest at the General Employees Retirement Plan's earned actuarial rate of return, but, in no event, shall such rate of return be less than a negative four percent rate of return per annum or more than a positive four percent rate of return per annum, as determined by an actuary engaged by the Retirement Plan. (h) A BACKDROP Participant shall not be entitled to receive any cost-of-living increase during the BACKDROP Period. The five-year wait period to receive cost-of-living increases, as set forth in Section 120.206(h), shall commence at the expiration of the BACKDROP Participant's BACKDROP Period. (i) (1) Provided the BACKDROP Participant has satisfied all requirements set forth in this Section, within 90 days from the date of expiration of the BACKDROP Period or as soon as practical thereafter, the Retirement Plan shall disburse the amount of the BACKDROP Participant's BACKDROP benefits to the BACKDROP Participant in a single sum amount, either through a cash payment or direct rollover, less any taxes required to be withheld and remitted to the Internal Revenue Service. (2) All disbursements made pursuant to Section 120.214(i)(1) shall be made subject to and in accordance with all applicable provisions of the Internal Revenue Code. (Ord. 2005-1139-E, § 1)

Jacksonville Ordinance Code § 120.215 Partial lump-sum.

Sec. 120.215. - Partial lump-sum. (a) General. There is hereby created a partial lump-sum payment option (the "PLOP") to the Retirement Plan, which shall allow any eligible member to elect to receive up to 15 percent, in increments of five percent, of the actuarial present value of the member's retirement benefits as a one-time, lump-sum payment upon retirement, with the member's remaining retirement benefits to be paid via a bi-weekly life annuity, which shall be actuarially reduced to reflect the lump-sum payment made to the member, each as determined by an actuary engaged by the Retirement Plan. (b) Eligibility. Any retiring member who retires from the City on or after January 1, 2006 shall be eligible to participate in the PLOP. (c) Election. (1) Any eligible member may elect to participate in the PLOP by submitting the following to the Pension Office: (i) A properly completed PLOP application on forms provided by the Pension Office, which, once submitted, shall be irrevocable by the member. (ii) Any other documents or information as may be reasonably required by the Pension Office. (2) A member who elects to participate in the PLOP shall not be eligible, entitled or permitted to participate in the BACKDROP set froth in Section 120.214. A member who elects to participate in the BACKDROP shall not be eligible, entitled or permitted to participate in the PLOP. (3) For purposes of this Section, each eligible member who elects to participate in the PLOP and satisfies all of the requirements of this Section shall be referred to as a "PLOP Participant." (d) PLOP Benefit. Provided the PLOP Participant has satisfied all requirements set forth in this Section, the PLOP Participant shall receive up to 15 percent of the actuarial present value of the PLOP Participant's retirement benefits as a one-time, lump-sum payment upon retirement, with the PLOP Participant's remaining retirement benefits to be paid via a bi-weekly life annuity, which shall be actuarially reduced to reflect the lump-sum payment made to the PLOP Participant, each as determined by an actuary engaged by the Retirement Plan. The foregoing benefits shall be in lieu of the retirement benefits the PLOP Participant would have received had the PLOP Participant not elected to receive a partial lump-sum payment pursuant to this Section. (e) Disbursement. (1) Within 90 days from the date of retirement or as soon as practical thereafter, the Retirement Plan shall disburse the partial lump-sum payment to the PLOP Participant in a single sum amount, either through a cash payment or direct rollover, less any taxes required to be withheld and remitted to the Internal Revenue Service. (2) All disbursements made pursuant to this Section shall be made subject to and in accordance with all applicable provisions of the Internal Revenue Code. (f) No Negative Actuarial Impact to Retirement Plan. Notwithstanding the provisions set forth elsewhere in this Section, no election or benefit paid pursuant to this Section shall have a negative actuarial impact to the Retirement Plan. (Ord. 2005-1284-E, § 2)

Jacksonville Ordinance Code § 120.216 2021 Limited Retirement Option.

Sec. 120.216. - 2021 Limited Retirement Option. (a) City Employee Members and Jacksonville Housing Authority Members. (1) Notwithstanding any other provision in this Part II to the contrary, a member, excluding JEA employees, may retire between April 1, 2021, and September 30, 2021, if on the date of such retirement the member has attained: a. Age 55 with ten years of credited service; or b. Age 60 with five years of credited service. A member who retires pursuant to this subsection (1) must retire between April 1, 2021 and September 30, 2021 and shall receive a benefit of 2.5 percent per year of credited service based on final monthly compensation and credited service, defined by subsections 120.201(i) and (n), as of the date of termination. (2) Notwithstanding any other provision in this Part II to the contrary, early retirement shall be available to a member, excluding JEA employees, between April 1, 2021, and September 30, 2021, if on the date of early retirement the member has completed 20 or more years of credited service, but less than 30 years of credited service, regardless of age. A member who retires pursuant to this subsection (2) must retire between April 1, 2021 and September 30, 2021 and shall receive a benefit of two percent per year of credited service, based on final monthly compensation and credited service, defined by subsections 120.201(i) and (n), as of the date of termination. (3) To be eligible for retirement under subsection (1) or (2) above, in addition to meeting the age and/or time service credit requirements, a member must submit written or electronic notice of the retirement election and the date of retirement to the Board between April 1, 2021 and May 31, 2021. Such election shall be binding on the member and irrevocable. In the event of the death of a member after providing notice of election but before the date of retirement, the provisions of subsections (1) and (2) shall not apply. All time service credit purchases, whether existing prior to or initiated during the early retirement period, must be completed no later than the date of retirement in order for the service purchased to be included in the member's benefit calculation. (4) Any member who elects to retire pursuant to subsection (1) or (2) above shall be prohibited from being re-employed by the City for a period of one year from the date of retirement, except that such member may be re-employed on a part-time or temporary basis pursuant to Sec. 120.209(d). If a member who elects to retire pursuant to subsection (1) or (2) above is re-employed by the City on a full-time basis more than one year after retirement, the member shall be prohibited from becoming an active member of the General Employees Retirement Plan and shall not accrue any additional benefits, service, pensionable compensation, plan amendment or any other benefit from the General Employees Retirement Plan, and payment of retirement benefits except accrual of COLA benefits shall be suspended for the period of re-employment. (5) In lieu of retirement under the General Employees Retirement Plan, members meeting the age and/or time service credit requirements of subsection (1) or (2) may elect to convert to the GEDC Plan in accordance with Section 120.202(e), and shall be subject to all of the terms, requirements, and restrictions of subsections (3) and (4) above. (b) JEA Members. (1) Notwithstanding any other provision in this Part II to the contrary, a JEA member may retire between May 1, 2021, and October 31, 2021, if on the date of such retirement the member has attained: a. Age 55 with 10 years of credited service; or b. Age 60 with five years of credited service. A member who retires pursuant to this subsection (1) must retire between May 1, 2021 and October 31, 2021 and shall receive a benefit of 2.5 percent per year of credited service based on final monthly compensation and credited service, defined by subsections 120.201(i) and (n), as of the date of termination. (2) Notwithstanding any other provision in this Part II to the contrary, early retirement shall be available to a JEA member between May 1, 2021, and October 31, 2021, if on the date of early retirement the member has completed 20 or more years of credited service, but less than 30 years of credited service, regardless of age. A member who retires pursuant to this subsection (2) must retire between May 1, 2021 and October 31, 2021 and shall receive a benefit of two percent per year of credited service, based on final monthly compensation and credited service, defined by subsections 120.201(i) and (n), as of the date of termination. (3) To be eligible for retirement under subsection (1) or (2) above, in addition to meeting the age and/or time service credit requirements, a member must submit written or electronic notice of the retirement election and the date of retirement to the Board between May 1, 2021 and June 30, 2021. Such election shall be binding on the member and irrevocable. In the event of the death of a member after providing notice of election but before the date of retirement, the provisions of subsections (1) and (2) shall not apply. All time service credit purchases, whether existing prior to or initiated during the early retirement period, must be completed no later than the date of retirement in order for the service purchased to be included in the member's benefit calculation. (4) Any member who elects to retire pursuant to subsection (1) or (2) above shall be prohibited from being re-employed by the City for a period of one year from the date of retirement, except that such member may be re-employed on a part-time or temporary basis pursuant to subsections 120.209(d). If a member who elects to retire pursuant to subsection (1) or (2) above is re-employed by the City on a full-time basis more than one year after retirement, the member shall be prohibited from becoming an active member of the General Employees Retirement Plan and shall not accrue any additional benefits, service, pensionable compensation, plan amendment or any other benefit from the General Employees Retirement Plan, and payment of retirement benefits except accrual of COLA benefits shall be suspended for the period of re-employment. (5) In lieu of retirement under the General Employees Retirement Plan, members meeting the age and/or time service credit requirements of subsection (1) or (2) may elect to convert to the GEDC Plan in accordance with Section 120.202(e), and shall be subject to all of the terms, requirements, and restrictions of subsections (3) and (4) above. (Ord. 2020-529-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_PTIITHGEEMREPLFetched: 10/27/2026