§ 54-57. Eligibility; participation; service.

(a)

Eligibility; participation. The word "employee," as used herein, means only those persons in the regular full time service of the city as a police officer or firefighter, including the police chief and the fire chief. The term "police officer" means any person who is elected, appointed, or employed full time by any municipality, who is certified or required to be certified as a law enforcement officer in compliance with F.S. § 943.1395, who is vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and protection of crime or the enforcement of the penal, criminal, traffic or highway laws of the state. This definition includes the police chief, all certified supervisory and command personnel whose duties include, in whole or in part, the supervision, training, guidance and management responsibilities of full time law enforcement officers, part time law enforcement officers, or auxiliary law enforcement officers, but it does not include part time law enforcement officers or auxiliary law enforcement officers as the same are defined in F.S. §§ 943.10(6) and (8), respectively. For the purposes of this chapter only, "police officer" also shall include a public safety officer who is responsible for performing both police and fire services. The term "firefighter" means any person employed solely by a constituted fire department of any municipality or special fire control district who is certified as a firefighter as a condition of employment in accordance with the provisions of F.S. § 633.35, including the fire chief and whose duty is to extinguish fires, to protect life or to protect property. However, for the purposes of this article only, "firefighter" also includes public safety officers who are responsible for performing both police and fire services, who are certified as police officers or firefighters, and who are certified by their employers to the insurance commissioner and treasurers participating in this plan prior to October 1, 1979. Effective October 1, 1979, public safety officers who have not been certified as participating in this plan shall be considered police officers for retirement purposes and shall be eligible to participate in F.S. ch. 185.

Each such employee in the service of the city on the effective date will become a participant in the plan as of that date; each other such employee will become a participant hereunder as of his date of employment.

Each participant will be retired under the plan and entitled to a retirement income upon retirement from service with the city by reason of his age, subject to any minimum service requirements herein. Each such participant whose employment is terminated because of mental or physical disability in accordance with subsection 54-59(c), shall be entitled to disability benefits. Upon the death of a participant, his beneficiaries will be entitled to death benefits as described in subsection 54-59(d) hereof. Any participant whose service is terminated for any reason other than retirement, disability retirement or death will be entitled to benefits upon termination of service as provided in subsection 54-59(f) hereof.

(b)

Participation. All police officers and firefighters who have not made the affirmative election as provided in subsections 54-57(b)(1) and (2) shall participate in the City of Quincy Florida Municipal Police Officers' and Firefighters' Retirement Fund.

(1)

Nonmembers. Any police officer or firefighter who does not desire to participate in the City of Quincy Florida Municipal Police Officers' and Firefighters' Retirement Fund, shall within 30 days after his date of employment, notify the board of trustees, in writing on a form provided by the board of trustees, that such police officer or firefighter does not desire to participate in the City of Quincy Florida Municipal Police Officers' and Firefighters' Retirement Fund. Thereupon, it shall be the duty of the board of trustees to refund the police officer or firefighter the full amount, without interest, deducted from the police officer's or firefighter's salary pursuant to subsection 54-58(a). Thereafter, no deduction shall be made from such police officer's or firefighter's salary pursuant to subsection 54-58(a) and all police officers and firefighters who have made an election not to participate as provided in this subsection thereafter are irrevocably barred from further participation in the City of Quincy Florida Municipal Police Officers' and Firefighters' Retirement Fund during their current period of employment with the city. After reemployment by the city, no firefighter or police officer will receive credit for years of service, or fractional parts of years of service, in conjunction with the City of Quincy Florida Municipal Police Officers' and Firefighters' Retirement Fund, for those years of service, or fractional parts of years of service, during previous employment with the city where the firefighter or police officer did not participate in the City of Quincy Florida Municipal Police Officers' and Firefighters' Retirement Fund and did not contribute to the City of Quincy Florida Municipal Police Officers' and Firefighters' Retirement Fund pursuant to subsection 54-58(a).

(2)

Members.

a.

Nonvested. As of the effective date of this amendment, any member of the City of Quincy Florida Municipal Police Officers' and Firefighters' Retirement Fund who has less than five years of creditable or credited service ("nonvested member") as described in subsection 54-59(f) shall have 60 days to notify the board of trustees, in writing on a form provided by the board of trustees, that such nonvested member does not desire to continue participation in the City of Quincy Florida Municipal Police Officers' and Firefighters' Retirement Fund. Thereupon, it shall be the duty of the board of trustees to refund the nonvested member the full amount deducted from the nonvested member's salary pursuant to subsection 54-58(a) with five percent simple interest thereon. Thereafter, no deduction shall be made from such police officer's or firefighter's salary pursuant to subsection 54-58(a) and all police officers and firefighters who have made an election not to participate as provided in this subsection thereafter are irrevocably barred from further participation in the City of Quincy Florida Municipal Police Officers' and Firefighters' Retirement Fund during their current period of employment with the city. After reemployment by the city, no firefighter or police officer will receive credit for years of service, or fractional parts of years of service, in conjunction with the City of Quincy Florida Municipal Police Officers' and Firefighters' Retirement Fund, for those years of service, or fractional parts of years of service, during previous employment with the city where the firefighter or police officer did not participate in the City of Quincy Florida Municipal Police Officers' and Firefighters' Retirement Fund and did not contribute to the City of Quincy Florida Municipal Police Officers' and Firefighters' Retirement Fund pursuant to subsection 54-58(a).

b.

Vested. As of the effective date of this amendment, any member of the City of Quincy Florida Municipal Police Officers' and Firefighters' Retirement Fund who has five years or more of creditable or credited service ("vested member") as described in subsection 54-59(f) shall have 60 days to notify the board of trustees, in writing on a form to be provided by the board of trustees, that such vested member does not desire to continue to participate in the City of Quincy Florida Municipal Police Officers' and Firefighters' Retirement Fund except, and to the extent, that such vested member has accrued a vested benefit prior to his election under this subsection. Thereafter, no deduction shall be made from the vested member's salary pursuant to subsection 54-58(a) and all vested members who have made election not to participate as provided in this subsection thereafter are irrevocably barred from further participation in the City of Quincy Florida Municipal Police Officers' and Firefighters' Retirement Fund during their current period of employment with the city except, and to the extent, that such vested member has accrued a vested benefit prior to his election under this subsection. After reemployment by the city, no firefighter or police officer will receive credit for years of service, or fractional parts of years of service, in conjunction with the City of Quincy Florida Municipal Police Officers' and Firefighters' Retirement Fund, for those years of service, or fractional parts of years of service, during previous employment with the city where the firefighter or police officer did not participate in the City of Quincy Florida Municipal Police Officers' and Firefighters' Retirement Fund and did not contribute to the City of Quincy Florida Municipal Police Officers' and Firefighters' Retirement Fund pursuant to subsection 54-58(a). Vested members who elect not to continue participation in the City of Quincy Florida Municipal Police Officers' and Firefighters' Retirement Fund shall not be refunded any portion of their accrued vested benefit.

(3)

One time opt-in and one time purchase of prior service credit. Any currently employed firefighter or police officer who was a nonmember and elected not to participate in the City of Quincy Florida Municipal Police Officers' and Firefighters' Retirement Fund pursuant to subsubsection 54-57(b)(1), or who was a nonvested member or vested member and elected to discontinue participation in the City of Quincy Florida Municipal Police Officers' and Firefighters' Retirement Fund pursuant to subsubsections 54-57(b)(2) may elect to participate in the City of Quincy Florida Municipal Police Officers' and Firefighters' Retirement Fund by hand delivering a written request to participate, on a form provided by the board of trustees, to the chairman of the board of trustees. The election to participate under this subsection must be made within 90 days of the effective date of this amendment or the right to elect to participate under this subsection shall lapse.

After electing to participate under this subsection, no firefighter or police officer will receive credit for years of service, or fractional parts of years of service, in conjunction with the City of Quincy Florida Municipal Police Officers' and Firefighters' Retirement Fund, for those years of service, or fractional parts of years of service, where the firefighter or police officer did not participate in the City of Quincy Florida Municipal Police Officers' and Firefighters' Retirement Fund or where the firefighter or police officer did participate in the City of Quincy Florida Municipal Police Officers' and Firefighters' Retirement Fund but discontinued participation.

However, after electing to participate under this subsection, a firefighter or a police officer may upon cash payment of an amount determined by the administrator of the City of Quincy Florida Municipal Police Officers' and Firefighters' Retirement Fund, purchase credit for years of service, or fractional parts of years of service, in conjunction with the City of Quincy Florida Municipal Police Officers' and Firefighters' Retirement Fund, for those years of service, or fractional parts of years of service, where the firefighter or police officer was employed as a firefighter or a police officer by the city but did not participate in the City of Quincy Florida Municipal Police Officers' and Firefighters' Retirement Fund or where the firefighter or police officer was employed as a firefighter or a police officer by the city and did participate in the City of Quincy Florida Municipal Police Officers' and Firefighters' Retirement Fund but discontinued participation. Such cash payment for the purchase of the above described prior years of service shall be made to the City of Quincy Florida Municipal Police Officers' and Firefighters' Retirement Fund. Provided, however, the purchase of the above described prior years of service shall be accepted only if the administrator of the City of Quincy Florida Municipal Police Officers' and Firefighters' Retirement Fund has determined (1) that the cash payment for the purchase of the above described prior years of service is actuarially reasonable in order to maintain the soundness of the plan (2) that the form and manner of such payment will not cause this plan to lose its status as a retirement plan qualified under Sections 401 and 501 of the Internal Revenue Code of 1986 as amended and (3) that the cash payment is not from funds available to the firefighter or police officer because of the employer's contributions on half of the firefighter or police officer made pursuant to Section 54-91. The cash payment for any prior service credit obtained pursuant to this subsection must be made within 60 days after making the election to participate under this subsection or the right to purchase prior service credit under this subsection shall lapse.

(c)

Service. Creditable service or credited service means the aggregate number of years in fractional parts of years of service of any police officer or firefighter, omitting intervening years in fractional parts of years when such police officer or firefighter may not have been employed by the municipality subject to the following conditions:

(1)

No firefighter or police officer shall receive credit for years or fractional parts of years of service if he has withdrawn his contributions to the trust fund for those years or fractional parts of years of service, unless the participant pays into the trust fund the amount he has withdrawn, plus interest and administrative costs as determined by the board of trustees except that those firefighters and police officers who have withdrawn from participation in the City of Quincy Florida Municipal Police Officers' and Firefighters' Supplementary Retirement Fund pursuant to subsection 54-57(b) are irrevocably barred from further participation in the City of Quincy Florida Municipal Police Officers' and Firefighters' Supplementary Retirement Fund at any time, including subsequent periods of re-employment by the city. The member shall have 90 days after his reentry into the service of the city to notify the chairman of the board of trustees that he will pay into the trust fund the amount he has withdrawn and to make the payment. This amendment shall apply to all participants who join the plan after the effective date of these amendments and to participants who are participating in the plan as of the effective date of these amendments and who are currently employed on a full-time, permanent basis by the city as of the effective date of these amendments.

(2)

A police officer or a firefighter may voluntarily leave his or her contributions in the plan for a period of five years after leaving the employ of the police department or fire department, pending the possibility of his being rehired by the same department, without losing credit for the time he has participated actively as police officer or firefighter If he is not re-employed as a police officer or a firefighter with the same department within five years, his or her contributions, if $1,000.00 or less, shall be returned. A police officer or a firefighter who is not vested and is not re-employed within five years his contributions, if $1000.00 or more will be returned only upon the written request of the police officer or the firefighter and upon completion of a written election to receive a cash lump sum or to rollover the lump sum amount on forms designated by the board of trustees.

(3)

Credited service under F.S. ch. 185 or 175 shall be provided only for service as a police or firefighter, as those terms are defined under F.S. ch. 185 or 175, or for military service and shall not include credit for any other type of service. A municipality may by local ordinance, provide for the purchase of credit for military service prior to employment as well as prior service as a police officer or firefighter for some other employer as long as the police officer or firefighter is not entitled to receive a benefit for such other prior service as a police officer or firefighter.

(4)

In determining the creditable service of any police officer or firefighter, credit for up to five years of the time spent in the military service of the armed forces of the United States shall be added to the years of actual service, if:

a.

The police officer or firefighter is in the active employ of the municipality prior to such service and leaves a position, other than a temporary position, for the purpose of voluntary or involuntary service in the armed forces of the United States.

b.

The police officer or firefighter is entitled to reemployment under the provisions of the Uniform Services Employment and Reemployment Rights Act.

c.

The police officer or firefighter returns to his or her employment as a police officer or firefighter of the municipality within one year from the date of his or her release from such active service.

(5)

Notwithstanding any other provision of the plan to the contrary, in the case of a participant who dies while performing qualified military service (as defined in section 414(u)), the survivor(s) of the participant are entitled to any additional benefits (other than benefit accruals relating to the period of qualified military service) provided under the plan as though the participant resumed and then terminated employment on account of death in accordance with the Heroes Earnings Assistance and Relief Tax Act of 2008 ("HEART Act"). This provision is effective with respect to deaths occurring on or after January 1, 2007.

(Code 1958, § 25-70; Ord. No. 901-B, § 2, 5-23-00; Ord. No. 938, § 1, 2-12-02; Ord. No. 952, § 1, 7-23-02; Ord. No. 987, § 1, 2-14-06; Ord. No. 999, §§ 3—5, 4-10-07; Ord. No. 1075-2016 , § 1, 2-23-16)