Item 03 Approval of Ratification of the Police Officers and Police Sergeants Collective Bargaining Agreements with the CityWIN %/
ocoee
norida
AGENDA ITEM COVER SHEET
Meeting Date: May 17, 2022
Item # 3
Contact Name: Craig Shadrix
Contact Number: Ext 1500
Reviewed By:
Department Director:
City Manager: 1, ZIP
Subject: Approval of Ratification of the Police Officers and Police Sergeants Collective
Bargaining Agreements with the City.
Background Summary:
The PBA Union has proceeded to a ratification vote of the terms of the Collective Bargaining Agreements (by the
sergeants and police officers) and a subsequent vote by the City legislative body (City Commission). Since the
police officers voted fifty-three (53) in favor and one (1) against and the sergeants voted nine (9) in favor and one
(1) against the ratification vote, the City Commission is required to vote approve the Collective Bargaining
Agreements as ratified by the members of the PBA.
Issue:
The City Commission is required to vote on the terms of the Collective Bargaining Agreements as ratified
by the PBA. The Commission is prohibited from amending any of the terms ratified by the union
members.
Recommendations:
It is the recommendation of staff that the Commission vote to approve the terms as ratified, in
accordance with the attachments received from the PBA after their vote.
Attachments:
Attached is the Collective Bargaining Agreements as ratified by the voting members represented by the
PBA.
Financial Impact:
The Sergeants contract provides for an average of 5% increase for each of the next 3 years of the contract based
upon the sergeant's years of service along with a 1 % Industry Based Competitive Adjustment in order to address
the compression caused by increasing officers' pay. The Officers' contract provides for a 0.8% Industry Based
Competitive Adjustment in order to further address the starting salaries of the police officers along with 6% in
year one, 5% in year two and 4% in year three for an average of 5% over the life of the contract. This is all
necessary due to the increasing law enforcement salaries, such as the Florida Highway Patrol which now starts
at $50,000 a year, in order to recruit and retain qualified officers.
Type of Item: (please mark with an x )
Public Hearing
Ordinance First Reading
Ordinance Second Reading
_ Resolution
X Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by
For Clerk's Dept Use:
X Consent Agenda
Public Hearing
Regular Agenda
N/A
N/A
N/A
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Collective Bargaining Agreement
Between
Florida Police Benevolent Association, Inc.
and the
The City of Ocoee
A Municipality of the State of Florida
Sergeant's Contract
October 1st, 2022 to September 30th, 2025
TABLE OF CONTENTS
Article 1-
Recognition and Intent...........................................................................
3
Article 2
— Declaration of Principles........................................................................
4
Article 3
— Union Security and Check-Off..................................................................
4
Article 4
— Union Business and Services....................................................................
6
Article 5
— Managements Rights.................................................................................9
Article 6
— Grievance and Arbitration........................................................................11
Article7 — Transfers.....................................................................................................17
Article8 — Voting........................................................................................................ 20
Article 9 — Union/Management Meetings..................................................................20
Article 10 — Insurance................................................................................................. 20
Article11 — Strikes.......................................................................................................21
Article12 — Holidays...................................................................................................
21
Article13 — Paid Time Off...........................................................................................
23
Article 14 — Hours of Work and Work Schedule........................................................
25
Article 15 — Alternative Duty......................................................................................
28
Article16 — Wages......................................................................................................
29
Article 17 — Uniforms and Equipment........................................................................33
Article 18 — Probationary Period................................................................................
35
Article 19 — Continuous Employment (Seniority)......................................................35
Article 20 — Safety and Health...................................................................................
37
Article 21— Working Out of Classification.................................................................
42
Article 22 — Miscellaneous..........................................................................................43
Article 23 — Extra -Duty Employment.........................................................................44
Article24 — Education................................................................................................
45
Article25 — Pension....................................................................................................
46
Article 26 — Sergeant Promotion................................................................................
47
Article27 — VEBA.......................................................................................................
47
Article28 — Duration..................................................................................................
48
SignaturePage.............................................................................................................49
AppendixA..................................................................................................................
50
AppendixB..................................................................................................................
52
AppendixC..................................................................................................................
53
AppendixD..................................................................................................................54
ARTICLE 1:
RECOGNITION AND INTENT
Section 1.i: Parties
This Agreement (hereinafter "Agreement," "CBA" or "Contract") is entered into by and
between the City of Ocoee (hereinafter, "Employer") and the Florida Police Benevolent
Association, Inc. (hereinafter, the "PBA" or "Union")
Section 1.2: Recognition
A. The City hereby recognizes the Union as the exclusive bargaining
representative for all employees in the units certified by the Public Employees Relations
Commission certification in Case No. RC 1839 or "Unit B" or, City of Ocoee Police
Department's "Sergeant."
B. The bargaining units excludes the Chief of Police, Deputy Chiefs,
Captains, Lieutenants and all other employees unless specifically included in the
bargaining units certified by PERC, as well as the following positions:
i. All sworn exempt staff assistants, regardless of rank, assigned to the
administration of the Professional Standards Division
I All General employees assigned to the Police Department
iii. All sergeants assigned to the Professional Standards Division
Section 1.3: Entire Agreement
This Agreement which becomes effective October 1, 2022, constitutes the entire
Agreement and understanding between the parties and, subject to applicable law, shall
not be modified, altered, changed or amended in any respect except on mutual agreement
set forth in writing and signed by authorized representatives of both parties, and
supersedes any and all previous agreements and understandings between the parties,
either written or orally.
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Section 1.4: Effect of Laws and Ordinances
In the event that any of the provisions of this Agreement shall be held in violation of any
federal or state law as applied to this specific Agreement, such determinations shall not
in any way affect the remaining provisions of this Agreement, unless otherwise provided
by law.
ARTICLE 2:
DECLARATION OF PRINCIPALS
Section 2.1: Non -Discrimination
Neither the Union nor the City shall illegally discriminate against any employee on the
basis of race, color, religion, age, gender, legally recognized disability, political affiliation,
national origin, for any reason prohibited under Florida Statutes or any Federal law, or
Union membership or non -membership. The use in this Agreement of the designation
"he" in referring to any employee shall mean "he" or "she" wherever used. Claims or
grievances related to discrimination shall be handled per section 3.02 of the Personnel
Rules and Regulations.
ARTICLE 3:
UNION SECURITY AND CHECKOFF
Section 3.1: Dues
The Employer will deduct bi-weekly Union dues from the paychecks of those Unit
employees who authorize such deduction in writing in the manner allowed by law.
Deductions will begin the second pay period after the Employer receives such written
authorization. No deduction shall be allowed for payment of initiation fees, assessment
or fines.
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Section -R.2: Amount
The Union will notify the Human Resources Director (hereinafter "HRD") as to the
amount of dues. This notice must state the biweekly amount in dollars and cents for each
individual member. The City shall charge the deduction as soon as practically consistent
with its normal bookkeeping procedures, but no less than thirty days after the change is
certified to the HRD, so long as the certification is legally sufficient.
Section 3.2: Remittance
With written instructions provided by the Union and a written authorization from the
employee acceptable to the City, the City will direct deposit Union members' dues to the
Union's account. Direct deposits will cease upon written notice, next payrollfollowing
written notice from the employee of same.
Section -q.4: Recourse
If there is an amount deducted in excess of what is authorized by the employee, the City
will reimburse the employee provided a timely grievance is filed if the excess deduction
was made as a result of a mistake by the City; otherwise, the employee shall have recourse
only against the Union.
Section .i. .;: Minimum Pav
No deduction shall be made from the pay of any payroll period in which the employee's
net earnings for that payroll period, after other authorized or legally required deductions,
are less than the amount of dues to be checked off.
Section 3.6: Withdrawal
Any member can stop payroll deduction by giving written notice to the Public Employer
and the Union. The Employer shall stop the deductions thirty (3o) days after receipt of
written notice from the employee.
R
Section 37: Indemnity
The Union will indemnify, defend, and hold the City harmless against any and all claims,
demands, or suits or other forms of liability that shall arise out of, or by reason of action
taken or not taken by the City on account of payroll deductions of Union dues.
ARTICLE 4:
UNION BUSINESS AND SERVICES
Section 4.1: Representation and Notice
The Union shall be represented by its designated officials. The Union shall notify the HRD
in writing of the names of its PBA representatives, as well as any designated substitute to
serve as the Union representative. The City is not required to deal with any employee as
a representative of the Union except its designated official's.
Section 4.2: Activities
A. The PBA representatives, or his designee, shall carry out their activities in
behalf of the Union, including investigating or settling grievances, during their non-
working hours unless they obtain prior permission from the Chief, or his designee, so long
as there is no interference with the work activities of the employee or the mission of the
Department. When the PBA representative, or his designee, is engaging in such activities
while on duty, there shall be no loss of pay. When the PBA representative, or his designee,
is engaging in such activities when they are off duty, they shall not be entitled to pay.
B. The PBA representative, or his designee, shall be allowed to communicate
official Union business to members in non -work areas during non -working time so long
as it does not interfere with Departmental operation as determined by the Chief.
Section 4-3: Time
It is expected that the investigation and processing of grievances, by the PBA
representative, or his designee, to the extent that the time of unit employees is required,
will occur during both on duty and off -duty of those involved; if on duty shall be paid their
normal rate of pay.
Section 4.4: Visitation
The Chief, or his designee, shall permit one authorized non -employee Agent of the Union
access to the Police Department to handle grievances arising under this Agreement. The
Agent designed to have access to the Department shall first obtain the permission from
the Chief, or his designee, which will normally be the ranking officer on duty at the station
at the time, before coming into any working area, and may, at the option of the Chief, or
his designee, be accompanied by a managerial employee in the event the Union agent
needs to visit a particular area of a station. The Agent will not in any way interfere with
the work of employees or the operations of the Department. If, during a visit, the Agent
wishes to have a private conversation with an employee, the Chief, or his designee, will
allow the same consistent with his determination of operational needs and will designate
the place the conversation with occur.
Section 4..r,: Solicitation and Distribution
Except as modified by this Agreement, the Union, its members, agents, representatives
and all persons acting on its behalf, including the Employer's employees covered by this
Agreement, are strictly prohibited by law and this Agreement from soliciting any of the
Employer's employees, for Union purposes, during the work time of any employee
involved, and from distributing Union literature in any work area at any time. It is
understood and agreed that any employee who violates either of these prohibitions is
subject to discipline. ("Work time" is any time, exclusive of breaks or mealtime during the
hours of a shift.)
Section 4.6: Time -Off Without Loss of Pay
With respect to disciplinary proceedings under the City Personnel Rules and Regulations
(hereinafter "PRR") or this Agreement, bargaining unit employees who participate in such
proceeding, including an employee representative of the employee, if any, shall be treated
the same as all other City employees with respect to time off and pay. With respect to
contract negotiations between the Union and the City, the three (3) Union
Representatives shall not lose any pay for the work hours spent participating in such
contract negotiations.
Section 4.7: Bulletin Boards
The Employer agrees to set aside space for a bulletin board (not to exceed 30" by 24") to
be provided by the Union for its use in informing its membership as to official Union
business. It is however, agreed and understood that materials to be posted and emails
regarding official Union business, if such materials are derogatory, abrasive, abusive, or
critical about any person, or City policy, practice, employees or officials are intemperate
in language and/or are not related to legitimate Union business, or which are factually
inaccurate, will be removed. The bulletin board may not be used for any political purpose
or to support or oppose any political candidate or issue; provided however, it may be used
for internal elections held by the Union among its membership. At the Chief s discretion,
the Union may use the City E-Mail system to communicate with the Members, only after
the Chief has reviewed and approved the same in advance.
Section 4.8: Information
A. The Human Resources Department shall provide the Union a copy of the
names, and salary of bargaining unit members, upon written request by the Union, but
not more often than twice a year.
B. The City shall furnish the Union office a copy of all current or
subsequently amended written SOPs, GOs, City PRR and other rules, regulations and
policies applicable to bargaining unit employees.
8
C. The City shall provide the Union with anticipated adjustments,
amendments to, amendments . of, and proposed new regulations concerning any and all
matters stipulated in subsection B above, in order that the Union may give comment
and/or recommendations on the subject within fourteen (14) calendar days from the date
received. Failure to respond in fourteen (14) calendar days shall be considered as non -
contested. Any impact on wage, hours or terms and conditions of employment shall be
the subject of bargaining prior to implementation.
D. The City shall make available to all members of the bargaining unit all City
PRRs, GOs, SOPS and any and all other rules applicable to the unit members.
Section 49: Contract Review
Within twenty-one (21) calendar days from the ratification and approval of this
Agreement, the City and PBA will conduct jointly, meetings with bargaining unit members
as well as those employees designated by the City. The expressed purpose of the meetings
is to review in detail the provisions contained in this Agreement and to answer relevant
questions concerning labor-management issues.
ARTICLE 5:
MANAGEMENT RIGHTS
Section 5.1: Functions of Management
Excepted as provided bylaw, including Chapter 447, Part II, Florida State Statutes, it is the
function of management to determine and direct the policies, mode and method of
providing its services.
Section 5.2: Operations and Direction of Work Force
The City shall continue to exercise the exclusive right to take any action it deems necessary
or appropriate in the management of its operations and the direction of its work force. The
M
City expressly reserves all rights, powers and authority customarily exercised by
management, and functions which the City has not expressly modified or delegated by
express provisions of this Agreement.
Section 5,2: Examples of Management Rights
The Union and the employees covered under this Agreement recognize and agree that the
City has the sole and exclusive right except as specifically provided for in this Agreement,
to manage and direct any and all of its operations.
Section -5.4: Rules and Regulations
To the extent that the same are not in conflict with this Agreement, Ordinances of the City
of Ocoee, rules and regulations of the City and the Department, and Personnel Rules and
Regulations (PRR), General Orders and SOPs of the Ocoee Police Department shall be
implemented by the City of Ocoee, Florida.
Section 5.s: Grievances and Impact Bargaining
A. The exercise of such rights shall not preclude employees or their
representatives from raising grievances, if decisions on the above matters are alleged to
violate the terms and conditions of the Agreement.
B. However, unless this CBA provides otherwise, the Union retains its right
to negotiate over the impact of such actions to the extent that such actions impact wages,
hours, or terms and conditions of employment, and the law requires the City to engage in
impact bargaining.
Section 5.6: Waiver
The City's failure to exercise any function or right hereby reserved to it, or its exercising
any function or right in a particular way, shall not be deemed a waiver of this right to
10
exercise such function or right, nor preclude the City from exercising the same in some
other way not in conflict with the express provisions of this Agreement.
Section 5.7: Emergencies
If, in the sole discretion of the City Manager, it is determined that a civil emergency
condition exists, including but not limited to riots, civil disorders, hurricane conditions
or other catastrophes, the provisions of this Agreement may be suspended by the City
Manager during the time of the declared emergency, except for monetaryprovisions.
Section 5.8: Job Duties
It is understood by the parties that every incidental duty connected with operations
enumerated in job descriptions is not always specifically described and employees, at the
discretion of management, may be required to perform other duties not specifically
contained in their job description and in accordance with the Police Department mission.
Unit members shall perform work as assigned by the Chief or his designee.
ARTICLE 6:
GRIEVANCE AND ARBITRATION
Section 6.1: Grievance
A grievance is defined as a difference between the City and any bargaining unit member
or the Union involving an alleged violation or misapplication of a specific provision of this
Agreement. When an Article or Section in this contract references or incorporates the City
Personnel Rules and Regulations (PRR) a claimed violation, misapplication or
misinterpretation of the PRR shall be subject to this Article. The parties agree that
bargaining unit members will be disciplined for just cause only.
I
Section 6.2: Grievance Procedure
Whenever a grievance as specified in Section 6.1 arises between the City and the unit
members or the Union, the matter will be handled in accordance with the following
procedure. The term "days" as used in this Article shall refer to calendar days.
Informal Procedure:
Within five (5) days after the act or occurrence which gives rise to the grievance, or the
unit member knew or should have known of such act or occurrence, whichever first
occurs, the unit member may meet to discuss the grievance with the unit member's
immediate supervisor in an attempt to resolve same.
Step 1: If the grievance is not settled in the informal procedure, noted above, or if
the grievant decides to proceed with a formal grievance, the grievance must be
reduced to writing and signed by the unit member, within seven (7) days after the
occurrence which gave rise to the grievance, or the unit member knew or should
have known of such act or occurrence, and presented to the unit member's
lieutenant.
The written grievance must include:
a. A statement of grievance and a summary of the facts on which the grievance
is based.
b. The remedy requested.
A copy of the grievance form is hereby adopted and placed in the appendices.
The lieutenant, will respond in writing within seven (7) days after receipt of the
grievance.
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Step 2: If the grievance is not settled in Step 1, within seven (7) days of receipt of
the lieutenant's response in Step 1, the grievant or Union may file the grievance,
with the Chief of Police. Within seven (7) days of delivery of the written Step 2
grievance, the Chief of Police, or his designee, shall meet to discuss the grievance
with the grievant and/or Union representative. The Chief or his designee shall
respond in writing within seven (7) calendar days after the meeting.
Step 3: If the grievance is not resolved in Step 2, the grievant may file the grievance
with the City Manager within seven (7) days after receipt of the Step 2 response.
The City Manager, or Assistant City Manager (ACM), or Human Resources
Director (HRD) shall hold a meeting with the grievant and Union to discuss the
grievance within seven (7) days after receipt of the grievance. The City Manager,
DCM or HRD shall respond, in writing, within seven (7) days after the meeting.
1. Failure of the City to respond at any step the grievant to proceed to the next
step within the time limits just as if the City had denied the grievance in
writing on the lastday an answer was due. The unit member grievant shall
be entitled to be present at any meeting held under Step 2 or Step 3.
2. When bringing a grievance in its name, the Union may file at either Step 2
or Step 3 depending on the circumstances surrounding the grievance.
3. When denying a grievance, in whole or in part, management's response
shall contain the specific reason(s) for denial. Generic denials such as, "the
grievance has no merit" or "the grievance is denied," shall not be sufficient.
All grievance responses originating at Steps 2 and 3, shall be forwarded to
the grievant and the Union.
4. All grievances for disciplinary matters involving unpaid suspension,
demotion or termination may be appealed through the grievance process.
Section 6.3: Arbitration
If the grievance is not resolved through above steps, the grievance may be submitted to
binding arbitration by the Union. Arbitration proceedings must be initiated by serving of
13
a written request for arbitration by the Union within twenty (2o) days after the City
Manager's response. Submission to the arbitrator shall be based exclusively on the written
grievance as submitted in Steps 1, 2 and 3 of the grievance procedures.
The arbitrator selected shall decide the dispute by using the preponderance of evidence
standard and such decision shall be final and binding on the parties. The expenses of the
arbitrator shall be borne equally by the parties; and, each party shall be responsible for
its own attorneys' fees, any court reporting services it wishes to use, and the wages of unit
members, whether they be witnesses, potential witnesses, representatives, or grievant, it
utilizes in any arbitration proceeding. However, it is agreed, that should unit members be
on duty during the procedure, the unit members shall suffer no loss of pay or benefits.
The jurisdiction of the arbitrator is limited and confined to determining whether there
has been a violation of the express terms of this Agreement. The arbitrator shall in no way
alter, amend, or modify the terms of this Agreement. The time limits may be extended in
writing by mutual consent of the parties.
A. Within twenty (20) calendar days from receipt of the notice of the intent
to invoke arbitration, the Union shall request a list of seven (7) arbitrators from the
Federal Mediation and Conciliation Service, all of whom must reside in the State of
Florida. The Union shall supply the City with a copy of the list of arbitrators. The Union
and the City will alternately eliminate one at a time from said list of names of persons
until only one remains, and that person will be the arbitrator. The City and the Union will
alternate in the right to first strike names in successive arbitrations.
B. As promptly as possible after the arbitrator has been selected, he should
conduct a hearing between the parties and consider the grievance. The decision of the
arbitrator will be served upon the unit member(s) aggrieved, the City and the Union in
writing. It shall be the obligation of the arbitrator to make his best effort to rule within
twenty-one (21) business days after the hearing.
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Section 6.4: Grievances by Non -Union Member
When the Union refuses to process a grievance for a unit member because of the unit
member's non -membership in the Union, the unit member shall have the right to process
a grievance under this Agreement, but cannot require arbitration of the grievance unless
the law requires otherwise, in which event, the unit member shall have all the rights and
assume all the burdens, limitations and obligations, including financial obligations, of the
Union under this Article and any other Article that may apply to his grievance. The unit
member will not be entitled to any other grievance process.
Section 6.5: General
A. Each grievance shall be arbitrated in a separate proceeding unless the
parties mutually agree otherwise.
B. The filing of a grievance shall in no way interfere with the right of the City
to proceed to carry out its management responsibilities, subject to the final resolution of
the grievance, except terminations.
C. In the event of a sustained disciplinary action involving a suspension
[without pay], the unit member may utilize available personal leave (PTO) in lieu of a non-
working unpaid suspension. PTO may only be used to suspend one-half of the total
suspension awarded.
D. Except for termination, no discipline shall be served until the unit
member has exhausted his administrative appeals as set forth in this Article.
Section 6.6: Time Off/PaX
Step i of the grievance procedure shall be carried out during the unit member's work
hours at a time and place designated by the Chief based on operational needs, and the unit
member shall lose no pay. The City shall determine when Steps 2, and 3 shall be
15
processed, within the time frames established herein, and if the Step or Steps, including
Arbitration, are processed during their scheduled working hours, neither the Union
Representatives nor the grievant shall lose pay. Unit member witnesses, other than
grievant, whom the City Manager may at his option choose to interview shall lose no pay
if interviewed during their working hours, and if interviewed after or before such hours,
shall be paid for such time as if they were performing other work for the City. Otherwise,
the City shall not be responsible to pay any unit member representative, officer or agent
of the Union for any time spent processing grievance matters, but will allow one such
person plus the grievant per grievance reasonable time off without pay for said activities
upon reasonable prior notice if in management's opinion work requirements will allow
such absence.
Section 6.2: Discipline Dispute Resolution Process - (DDRP)
In cases involving alleged policy violations in an administrative investigation, which may
lead to discipline, a unit member may request one discipline dispute resolution meeting
(DDRM) at any time prior to the member providing a statement to the internal affairs
investigator. The meeting shall be held with the member's Lieutenant, Human Resources
Director and include the member, member's representative and/or counsel.
The purpose of the meeting will be to discuss potential discipline and/or administrative
charges to determine if a consensus resolution can be reached on the appropriate
charge(s) and discipline, if any.
If the parties reach a consensus, that consensus shall be reduced to writing by the
Lieutenant and implemented. The investigation and grievance process shall be
considered as complete. Should the parties not agree on a resolution, the matter will
progress as if no meeting had been held. Nothing discussed at the meeting shall be held
against the employee if a resolution is not implemented.
16
The PBA shall be notified of any final resolution in all such cases handled by the DDRP.
If the PBA is not represented at any such DDRM, then the decision will not be precedent
setting.
Section 6.8: Verbal Warnings
Verbal warnings shall not be documented in Blue Team or any other public record
documents.
Section 6.9: Vehicle Crashes
The parties agree that vehicle crash discipline will follow the safety matrix as long as there
are no other policy violations associated with the crash. If a policy violation is present,
the event will follow the discipline structure not the safety matrix.
The parties agree that a single crash (event) must be either assigned to the discipline
structure or the safety matrix but cannot be applied to both.
ARTICLE 7:
TRANSFERS
Section 7.1: Special Unit
Special Unit assignments shall be handled as provided in the General Order and this
Article. Special Unit assignments are assignments other than a Patrol Division
assignment.
Unit members in Special Unit assignments, who wish to return to Patrol on the normal
shift rotation in January, shall submit a notification via the chain of command, no later
than October 31, and shall participate in the Patrol Bidding (Section 7.2).
17
Section 7.2: Patrol Bidding Process
Unit members shall have the opportunity each November 1 through 14th to bid on shifts,
times and days off. Unit members shall select the shift, times and days off and be awarded
their preferences based on seniority. The final bid list shall be posted by December 15 and
the new assignments shall take effect the beginning of the second pay period in January. K-
9 officers shall participate in the shift bid process, however no more than one (1) K-9
officer shall be assigned to a single squad.
Section 7.2: Patrol Vacancies
When a vacancy as determined by the Chief, occurs in any patrol unit, the Police
Department shall post the vacancy for a period of ten (10) calendar days. Any bargaining
unit member shall have the right to bid on the vacancy. Selection shall be made based on
seniority. Notification shall be given as to the successful bidder as well as to all other
bidders. Transfers shall be made within thirty (30) calendars days from when notification
has been given.
Section 7.4: Other Vacancies
When a vacancy as determined by the Chief, occurs other than in Patrol, the Police
Department shall post the vacancy for a period of ten (10) calendar days. The notice
vacancy shall list the qualifications necessary to fulfill the job vacancy. When making a
selection, management will consider the candidate's past disciplinary record,
performance reviews, years of service with OPD. An Oral Board interview may be
conducted. If a Board is convened, all qualified candidates for the posted position shall be
interviewed and rated on the same questions. There shall be one unit member selected by
the PBA, to be an observer on each oral review board. Selection shall be made based on
the point system outlined in the General Order. The Chief shall select among the two (2)
candidates with the highest overall scores. In the event of a tie, the candidate with the
highest seniority shall be selected.
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Transfers shall be made within thirty (30) calendars days from when notification has been
given.
7.4.1 When posting for a vacancy for a specialty unit, the Police Department shall
include the normal work schedule and days off for the position. It is understood that in
some of the specialty units, start and end times for work and days off may deviate from
the normal schedule due to the nature of the unit. Whenever possible, unit members shall
be given advance notice of the schedule changes at least seven (7) days prior to the
effective change. These changes shall be of a temporary nature.
7.4.2 Members selected for a specialty unit agree that selection is predicated on
remaining in the unit for a minimum of two (2) years. Unit members may request from
the Chief to move to another vacancy outside the unit prior to two (2) years.
7.5 Voluntary Work Schedule Swaps
Unit members, of like ranks, may voluntarily request a swap in work schedules via a
written request thru their chain -of -command. The request must include current work
assignments and a statement that the request is voluntary on behalf of both members.
The reason(s) for the request shall be included.
Work schedule swaps shall only apply to those members who work in the Patrol Division
and shall only be granted one time per calendar year per unit member.
Approval by management must be obtained for the request and if so granted, shall
schedule the unit members to change work schedules within the same pay period. The
member agreeing to the swap will not be eligible to use PTO on the swap date.
IN
ARTICLE 8:
VOTING
Unit members, who are on duty on an election day, will be allowed to take time off without
loss of pay to vote on City Property or at other polling places within the City. The time
they take off to vote will be determined by the Chief. All other unit members shall vote on
their own time — by absentee ballot or as otherwise permitted by law; provided, if a
member who is not scheduled to work on an election day whose voting precinct is not in
the City of Ocoee is called into work so that he cannot vote on his own time, the Chief shall
make operational arrangements for the member to vote without loss of pay.
ARTICLE 9:
UNION / MANAGEMENT MEETINGS
The City and the Union shall meet and confer on matters of mutual interest upon the
request of either but not more often than once a quarter, unless both parties agree to meet
more often. Such special meetings shall be held on a date and at a time and place mutually
agreeable to the parties. Meetings held under this Section shall not be considered
collective bargaining under the Public Employees Relations Act. Issues related to
grievances shall not be discussed. The Human Resources Director shall be responsible to
coordinate these meetings with the Union Representative.
ARTICLE io:
INSURANCE
During the life of this Agreement, the City shall provide the same health, medical, dental,
and short/long term disability insurance under the same terms and conditions for
bargaining unit members and their dependents that it provides for the City's non -
bargaining unit, non-exempt employees and their dependents. Effective October 1, 2022,
the insurance premiums for unit members shall be based on the City's October 1, 2022
rates. In the event the City proposes to increase co -pays, deductibles, out-of-pocket
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maximums, or premiums above the rates or levels in place for Fiscal Year 2022-2025, the
City shall give notice of the increases to the Union no less than thirty (30) calendar days
prior to the implementation of the new rates or levels. Upon notice, the Union may
demand bargaining over the changes provided the demand is presented to the City within
fourteen (14) days of the notice. Should the Union fail to demand bargaining within
fourteen (14) days, the Union will be deemed to have waived its right to bargain over the
changes. If negotiations commence and no agreement is reached, the parties shall submit
their positions directly to the City Council for final resolution.
ARTICLE 11:
STRIKES
The Union and bargaining unit members shall not promote, sponsor, engage in, or
condone any work stoppage, boycott, slow -down, strike, disruption of City operations, or
other withholding of limitation of services for any reasons and shall abide with F.S.
§447.505•
ARTICLE 12:
HOLIDAYS
Section 12.1: Days Observed
A. For bargaining unit members, not on a 24/7 shift, and especially who
work a Monday thru Friday schedule, when a holiday falls on Saturday or Sunday, the
Friday preceding or Monday following shall be designated a substitute holiday and
observed as the official holiday.
B. The observed holidays are:
January 1 New Year's Day (Day Shift Only)
January — Third Monday Martin Luther King, Jr. Day
May — Last Monday Memorial Day
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July 4 Independence Day
September — First Monday Labor Day
November — Fourth Thursday Thanksgiving Day
November — Fourth Friday Day after Thanksgiving
December 24
December 25
December 31
Section 12.2: Eligibility for Holiday PaX
Christmas Eve
Christmas Day
New Year's Eve (Night Shift Only)
A. All holiday earned must be taken as time off or paid on the same day that it
is earned.
B. A unit member must be on a regularly scheduled day off, approved leave, or
work the normal schedule of hours, on the calendar day immediately prior to and
immediately following a holiday, in order to qualify for the holiday time or pay. Absences
not approved in advance, including "sick call in" may not be approved depending on
whether the employee" excuse and verification of the reason for the absence are
acceptable to management, which, may at its option, require a doctor's excuse as well as
any other evidence it deems necessary.
C. When a unit member is scheduled to work on a holiday but fails to do so,
the member will not receive holiday pay even if the member is otherwise eligible for
holiday pay, unless the unit member is placed on approved leave.
Section12.3: Holiday PaX
Full-time members shall receive pay or compensatory time for the number of hours
regularly scheduled at their straight time hourly rate. The members shall designate on
their time sheets what method they wantpaid.
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Section12.4: Pay for Work on Holiday
When a member's shift begins a scheduled holiday, they shall be paid their regular rate of
pay and in addition receive one and one-half time their regular rate of pay for all
scheduled hours worked during the holiday.
Section 12.5: Floating Holiday
On October 1 of each year of this Agreement all bargaining unit members shall receive
twenty-four (24) hours added to their paid time off accrual. These additional hours are to
be scheduled and used as all other paid time off hours.
ARTICLE 13:
PAID TIME OFF
Section 13.1: Eligibility
A. Only full-time unit members and full-time probationary members will be
allowed to accrue paid time off (PTO) leave.
B. Full-time probationary members shall accrue paid time off leave during
their initial probationary period, but accrued leave is not earned until successful
completion of their probationary period. During the initial six (6) months of employment,
they may not take accrued paid time off leave unless authorized by the City Manager.
Accrued paid time off leave not taken by a full-time probationary member is not earned
and shall not be paid upon termination ofemployment.
Section 15.2: Accrual of Leave — PTO.
A. Full-time unit members earn Paid Time Off (PTO) leave asfollows:
One through five years of service - 176.28 hours
Six through ten years of service - 216. o6 hours
Eleven years YOS- 256.10 hours
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B. All full-time bargaining unit members paid time off hours shall continue to
accrue beyond the 58o hours each year, however, accrual above 58o hours on September
30 shall be reimbursed to the bargaining unit member in the first pay period in December
of each calendar year up to a maximum of 8o hours. Therefore, any hours accrued over
66o on September 30 will be deducted from the employee.
Section 13.�: Charging Leave
PTO leave time for members will be charged at hour for hour of the time taken off from
the member's shift.
Section 13.4: Leave Bank Pool
The City shall establish a Leave Bank Pool, which the members may access.
Section 13.5: PTO Approval & Unscheduled PTO Usage
1. PTO may be submitted by any bargaining unit member at any time; however, the
employee's supervisor must review and approve/disapprove, within two (2)
working days.
2. An unscheduled PTO usage is defined as an "event or occurrence." PTO usage
during consecutive workdays will be considered one event or occurrence.
3. Bargaining unit members will be allowed a maximum of three (3) unscheduled
PTO events per calendar year before discipline may be implemented.
Section 1�.6: • Paid Time Off Leave - Priority
1. When more than one (1) bargaining unit member of the same rank seeks to use
paid time off for the same period and is in the same squad or section, the member
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with the most seniority (PDCE) will be given preference provided that the
members put in for the same period within seven (7) days of each other.
2. In the event that a senior member is being transferred into a new squad or section
and a conflict arises between the most senior unit member of the same rank and
another squad/section member who has the same dates and times off, the Police
Department will resolve the conflict with the members, taking into consideration
travel plans, dates when the unit members were approved for their leave or
holiday, swap time and other related factors.
3. Once a request for paid time off and/or holiday selection has been approved and
the seven (7) day provision has expired as outlined in one (1) above, the unit
member shall not be required to change their time off and a more senior unit
member cannot use the contents of the Article to claim seniority preference.
ARTICLE 14:
HOURS OF WORK AND WORK SCHEDULE
Section 14.1: Basic Work Schedule
A. The basic work schedule for Detectives shall be the established work
schedule as of September 1, 2011.
B. The basic work schedule for the Patrol Division shall be a modified twelve
(12) hour shift that consists of six (6) 12 hour days and one (1) eight (8) hour day worked
within a fourteen (14) day work period. Unit members shall select their preferences in
accordance with Article 19. Those members, not in patrol shall be allowed to bid on the
schedule.
C. The day shift shall be set by the City and not to start before 5:30 am.
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D. The Department may temporarily change a unit members schedule based
on legitimate operational necessity. Such temporary change shall be no more than twenty-
eight (28) days in duration. The Department will provide the affected members with thirty
(30) days written notice in advance of the temporary change, unless thirty (30) days'
notice is not possible, in which case the Department will provide the affected members
with as much advance written notice as is possible under the circumstances.
E. Unit members shall enjoy paid meal and breakperiods.
Section 14.2: Overtime
A. Unit members are to report all hours worked. Unit members should not
begin work before the beginning of their schedule or after the end of their schedule
without permission; however, if they do perform work before or beyond their schedule,
they are to report it as hours worked on their time sheet or record. Overtime will be
authorized or directed by the City and administered according to the provisions of this
Agreement.
B. All unit members shall be paid time and one-half their regular hourly rate
of pay for all hours in excess of 8o hours in a fourteen (14) day work cycle. Unit members
shall have the option to select pay or defer the payment by selecting compensatory time
for overtime worked. Any compensatory time in excess of 6o hours, not used by
September 30 of each year, shall be paid out.
C. For the purposes of overtime computation, jury duty, annual military leave
and other absences from duty, whether paid or not, shall not be considered as time
worked; provided, however, paid holidays and paid personal leave used for a scheduled
vacation shall be considered.
D. Unit members shall be required to work overtime when assigned unless
excused by supervision. A member desiring to be excused from overtime work
assignments shall submit a request to the immediate supervisor.
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E. Flex Time - Flex time shall only be authorized after the unit member and
management reach agreement to do so and is only authorized for a specific period in time
and is not done to preclude the payment of overtime. "Flex time" or "schedule
adjustments" are to be construed to be one and the same as it is applied in this article;
except as provided by 14.1.
Section 14-3: Assignment of Overtime
Overtime shall be scheduled in accordance with departmental rules, regulations and
directives, and administered in accordance with the provisions of this Agreement. When
overtime is authorized, the most senior qualified unit member; regardless of rank, shall
be offered the overtime first and in descending order the next most senior qualified
member. Should no unit member volunteer to work the overtime, the least senior
qualified member shall be assigned to work.
Section 14.4 Legal Process Time
Unit members, appearing in the legal process in their off -duty hours on behalf of the City,
shall receive a minimum of two (2) hours pay at the rate of time and one-half for legal
appearances. If the time exceeds the minimum two-hour guarantee, unit members shall
be paid at their appropriate rate of pay for all time worked. One appearance shall include
all appearances in a two (2) hour period for pay purposes. If another appearance on the
same date spans beyond the guaranteed 2 hours, the unit member shall receive an
additional minimum two (2) hours at the overtime rate.
Section 14-5: Standby Duty On -Call Status
A. Standby duty on -call time is defined as periods of time in which the unit
member is ordered or required by the Police Department to be readily accessible by
telephone, paging device or other electronic device and not performing actual work, but
in readiness to perform actual work when the needarises.
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B. Such standby on -call time shall be compensated at the rate of $30.00 per
day, when the member has been scheduled to work within the 24 hours and is now off
work. The rate of $40 per day shall be paid when the member is scheduled off for the day
and the rate of $50 per day for any recognized holiday in which the member is
scheduled off but placed on standby.
ARTICLE 15:
ALTERNATIVE DUTY
Section 15.1: Alternative duty shall be performed within the Ocoee Police Department if
the Chief determines it is available. Light duty availability for personal illness or injury,
shall be determined on a case -by -case basis, normally employees will be required to use
paid time off leave. If the Chief determines it is not available, light duty shall be performed
wherever assigned by the City, especially for work related injuries. The Chief will
determine the length of the light duty availability.
Section 15.2: Except as provided herein, Alternative Duty shall be in accordance with OPD
Operational Order 100.1 as issues on January 26, 2012. Said policy shall be amended as
follows:
1. Alternative Duty is generally reserved for those unit members who have a
temporary medical limitation that prevents the member from performing all of the core
functions of his currently assigned law enforcement duties. Temporary limitations shall
be generally considered to be those limitations that a medical provider believes the
member will recover from normally within g o consecutive calendar days or less. If
available and depending on the nature of the injury, this provision may be extended upon
agreement.
2. Documentation in support of the Request for Alternative Duty shall include
the medical provider's restriction(s) in laymen's terms. It shall be the City's responsibility
to interpret what job functions the member can do safely.
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3. Members who are working Alternative Duty shall suffer no loss of base pay
or benefits. Members shall work under the conditions of the job that they are placed in
for Alternative Duty. Incentives shall be paid, if the member qualifies for them while
working Alternative Duty.
4. Members denied Alternative Duty or who are currently on Alternative Duty but the
Chief of Police has questioned the ability of the member to be able to perform the
essential job functions of the Alternative Duty position, supported by competent
medical provider(s) stating the current medical limitations of the member, shall be
allowed to access other leave alternatives to include but not be limited to Paid Time
Off (PTO), compensatory time, FMLA, or other authorized leave.
ARTICLE 16:
WAGES
Section 16.1: Wage Implementation
Effective October 1, 2022, bargaining unit members will be adjusted based on the criteria
outlined in Section 16.2 below to meet the Industry Based Competitive Scale as listed in
Appendix B:
• Sergeants - $65,750.10 to $91,013.52
Effective October 1, 2023, bargaining unit members will be adjusted based on the criteria
outlined in Section 16.2 below to meet the Industry Based Competitive Scale as listed in
Appendix B:
• Sergeants - $69,500.08 to $96,204•42
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i. Officer J. Rockford
a. Total Service Years (x)= 15
b. Divide "x" by 2 = 7 (y = 7 slots)
C. Add current Sergeant's years of service to "y" in order to determine
an existing Sergeants slot during this implementation.
d. Current Sergeants will be slotted according to Appendix C, attached
to this Agreement.
Section 16.3: Other Wages
1. Bargaining unit members receiving a longevity check shall continue to
receive the longevity as currently calculated.
2. Bargaining unit members who are at or above the top of the pay range shall
receive a one-time lump sum payment not added to base for any portion of the GWI
increases that exceed the maximum of their pay ranges.
Section 16 3• Shift Differential, Assignment and Incentive Pays
1. Shift Differential for Patrol Division Evening and Night shift shall be $1,600
per year.
Specialty Unit Personnel
2. Detective Incentive shall be $2,80o for undercover and $2,300 for other
Detectives, per year for bargaining unit members assigned as Detectives and their unit
supervisors.
3. K-g Officers shall receive $2,40o assignment pay, to include "dog days."
4. SRO, Community Affairs Officers, Training Officers, Traffic and Motor
Officers, and their immediate Sergeant supervisors shall receive a unit assignment pay of
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i. Officer J. Rockford
a. Total Service Years (x)= 15
b. Divide "x" by 2 = 7 (y = 7 slots)
C. Add current Sergeant's years of service to "y" in order to determine
an existing Sergeants slot during this implementation.
d. Current Sergeants will be slotted according to Appendix C, attached
to this Agreement.
Section 16.3: Other Wages
1. Bargaining unit members receiving a longevity check shall continue to
receive the longevity as currently calculated.
2. Bargaining unit members who are at or above the top of the pay range shall
receive a one-time lump sum payment not added to base for any portion of the GWI
increases that exceed the maximum of their pay ranges.
Section 16.,q: Shift Differential, Assignment and Incentive Pus
1. Shift Differential for Patrol Division Evening and Night shift shall be $1,600
per year.
Specialty Unit Personnel
2. Detective Incentive shall be $2,80o for undercover and $2,300 for other
Detectives, per year for bargaining unit members assigned as Detectives and their unit
supervisors.
3. K-9 Officers shall receive $2,40o assignment pay, to include "dog days."
4. SRO, Community Affairs Officers, Training Officers, Traffic and Motor
Officers, and their immediate Sergeant supervisors shall receive a unit assignment pay of
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$1,500 per year. All shift differential, incentive and assignment pays shall be computed to
an hourly rate of pay and calculated into the member's base salary.
5. Field Training Sergeants shall receive $2.50 per hour whentraining newly
promoted Sergeants.
6. Officers fluent in speaking Creole, Spanish, Portuguese, and translating
Sign Language shall receive an additional $550 per year. If the bargaining unit member
is a certified translator (from the Court Interpreters Program from the State of Florida),
they shall receive an additional $450 per year. Check shall be separate from normal
payroll check. Once a member becomes certified and upon submission of certification to
the City, the City shall reimburse the member for 50% of the cost of the examination and
recertification fees.
7. If a bargaining unit member is acting in the capacity of a Watch
Commander in Uniform Patrol for more than 50% of their shift or acting in the capacity
of a Lieutenant in a Specialty Unit, then the bargaining unit member shall be paid at the
rate of $20 per shift which will be added to the member's pensionable salary.
a. Watch Commander — A "Watch Commander" holds the rank of Lieutenant.
1. If a Lieutenant is unavailable to command their assignment, the
Lieutenant or their supervisor shall provide written documentation, unless exigent
circumstances exist, to the Sergeants and/or Corporals who will be the acting Watch
Commander of the shift during their absence.
2. If a Patrol Lieutenant fails to designate a Watch Commander, it shall
default to the Sergeant on -duty assigned to the Night Shift (1800-0600) Patrol. If there
is not a Night Shift Sergeant on -duty, it shall default to the Sergeant on -duty assigned to
the Evening Shift Patrol. At no time will a Corporal be designated if a Sergeant is working.
If there is no Night or Evening Shift Sergeant on -duty, the Patrol Lieutenant shall
designate an on -duty Corporal as acting Watch Commander.
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3. The City shall hold the Watch Commander or acting Watch
Commander accountable for their actions or inactions.
ARTICLE 17:
UNIFORMS AND EQUIPMENT
Section 17.1: Uniforms
Uniform classes are described in general orders. Unit members shall wear uniforms as
determined by the Chief. When a uniform is required, no other clothing except underwear
shall be worn without permission of the Chief. The City agrees to initially provide four (4)
sets of uniforms to all unit members upon hire. The initial set must include one Class A
(long sleeve shirt and uniform pants) and any combination of Class A, Class C (short
sleeve shirt or embroidered short sleeve shirt and uniform pants) or Class D (polo shirt
and uniform shorts). An initial block training uniform approved by the Chief will be issued
to all members. An outer vest carrier shall also be supplied for bargaining unit members.
For current members, the outer vest carrier shall be supplied at the time at which their
current vest is due to be replaced at the time of expiration. For newly hired members, the
vest carrier shall be supplied at the time of hire.
Class D may be worn from April 15 through November 15 and any other time the Chief
designates. Breathable/mesh black footwear may only be worn with the Class D uniforms.
Section 17.2: Footwear Allowance
The Department shall determine and provide the clothing, shoes and other related items
that make up the uniform. The footwear allowance shall be $125 per year paid to the
vendor upon purchase of approved footwear. Any expense over $125 during the fiscal
year shall be borne by the bargaining unit member.
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Section 17-2: Replacement
A. Unit members shall be responsible to maintain in good serviceable
condition the initial issue provided in Section 17.1 above or to obtain replacements from
vendors or supply, if any, designated as acceptable to the City, at no cost to the unit
member. After initial issue, unit members may request replacement uniforms as needed
not to exceed four (4) in any given fiscal year. Members may request any combination of
sets of uniforms to include Class A, Class C, and Class D. Replacement block training
uniforms will be at the discretion of the Chief.
B. The Chief shall notify unit members if there are acceptable vendors from
whom they may obtain replacements.
Section 17.4: Maintenance
Unit members shall be responsible for repair and maintenance of the uniform and all
items issued to them for their use by the City, and shall come to work in clean, neat and
undamaged clothes, including undamaged uniforms and other clothes.
Section 17.5: Clothing Allowance
Unit members assigned as Detectives on a regular basis shall receive a clothing allowance
in the amount of $1,000 per year at the time of transfer. Unit members shall be issued
and maintain one class A uniform to include one short sleeve shirt and one long sleeve
shirt. Thereafter, subsequent payments will be made in the first full pay period of
December, during the term of this Agreement. All payments under this section shall be
made by separate check.
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ARTICLE 18:
PROBATIONARY PERIOD
Section 18.1: Probationary Period
The probationary period for newly promoted unit members shall be six (6) months
commencing from the date of promotion.
Any extension of the probationary period shall be either through mutual consent of the
parties or through appropriate documentation relied on by the City to justify the need to
extend the probationary period. Probationary extensions shall not exceed ninety (go)
days.
Section 18.2: Grievances
A unit member may utilize the grievance procedures authorized in this Agreement to
challenge an extension of the promotional probationary period.
ARTICLE 19:
CONTINUOUS EMPLOYMENT (SENIORITY)
Section 19.1: Definition
Continuous employment (seniority) shall be as a sworn member of the Ocoee Police
Department ("PDCE") and shall commence from the member's initial date of hire with
the City as a sworn member of the Ocoee Police Department. It shall continue until broken
as provided in Section 19.3 below. When two or more members start work in the Ocoee
Police Department on the same day, their PDCE shall be based on their position on the
new hire eligibility list.
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Rank Seniority — shall commence from the member's initial date of promotion. As a tie
breaker, should two members hold the same rank seniority, the member with the longest
PDCE shall be considered the most senior.
Section 19.2: Benefits
Seniority (PDCE) and Rank Seniority shall be used for the purposes of paid time off leave
and holiday preference, for shift bidding, and layoff and recall, as well as the deciding
factor in any preference all other factors being equal.
Section 19.3: Loss of Continuous Service
PDCE shall be lost upon the happening of one or more of the following events:
A. Resignation.
B. Termination in accordance with the City PRR.
C. Retirement.
D. Receiving an authorized leave of absence.
E. Lay-off for more than six (6) continuous months.
Section 19.4: Layoff and Recall
Layoff and recall shall be in accordance with the below provisions:
A. Layoff
In the event of a layoff for any reason, employees shall be laid off in the inverse
order of their rank seniority and then their seniority (PDCE). All initial probationary
members must be laid off prior to laying off non -probationary members.
B. Recall
1. Members in layoff status will retain recall rights for twelve (12) months and
shall have preference to work over applicants on eligibility lists. Recall will be made by
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certified mail to the last address in the member's record, along with any address on file
with the Union. The member must, within seven (7) calendar days of the certified receipt
date, notify the City of his intention to return to work. Said member must return to work
within thirty (30) days of receiving the notice.
2. Members shall be called back starting with the most senior member notified
first and then in descending order of seniority thereafter. Members who return from layoff
status shall receive the current rate of pay for the pay grade he held at the time of layoff.
3. No person shall be promoted to Sergeant until all unit members who have
been laid off or who have taken a voluntary demotion (instead of being laid off within the
past 12 months) have been afforded the opportunity to return to their Sergeant rank.
ARTICLE 20:
SAFETY, HEALTH & PHYSICAL FITNESS
Section 20.1: Cooperation
The City and the Union will cooperate in the continuing objective of eliminating accidents
and health hazards as well as maintaining the safety of the members covered by this
Agreement.
Section 20.2: Unsafe Equipment
Whenever a member covered by this Agreement feels that a vehicle or other equipment is
unsafe and, therefore, unfit for service because it is a hazard to himself or to the public,
or both, he shall immediately inform his Supervisor. If the Supervisor concurs, the unsafe
vehicle or other equipment shall not be used until it has been inspected and determined
safe. Should the Supervisor not concur, the unit member will abide by the Supervisor's
decision; however, the Supervisor shall document the alleged unsafe condition and
Supervisor's comments in writing and forward it to the Chief of Police via the Chain of
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Command. Supervisors shall have the authority to deadline his vehicle or equipment,
should the supervisor deem the equipment unsafe.
Section 20..1: Take -Home Vehicle Policy
A. Unit members shall not be required to use their own private vehicles in the
performance of their regularly assignedduties.
B. The Department shall provide a take-home vehicle for all unit members -in
the bargaining unit hired before October 1, 2009, as fiscally able, who reside within a
twenty-five (25) mile radius from the City of Ocoee (JPA). Unit members hired after
October 2009 shall be provided a take home vehicle if the member lives within a fifteen
(15) mile radius from the City (JPA). Unit members hired before October 1, 2009 who
move during this Agreement, shall be subject to the fifteen (15) mile restrictions
herein. Take-home vehicles may not be used for personal business use, except for those
members who reside within the City limits of Ocoee. During this personal use, no family
members (or others) may be transported.
C. Unit members residing more than five (5) to ten (lo) miles outside the JPA
will have $30.00 per pay period automatically deducted from their pay, unit members
residing more than ten (lo) to fifteen (15) miles outside the JPA will have $40.00 per pay
period automatically deducted from their pay, and unit members residing more than
fifteen (15) miles outside the JPA will have $50.00 per pay automatically deducted from
their pay, except for K-9 handlers, who shall be exempt. These members outside the JPA
will be prohibited to transport family members or any other individuals for personal
reasons in the take home vehicle. This shall not apply to existing members unless they
move.
D. Distance from the JPA shall be measured "as the crow flies" using
MapQuest, to the unitmember's sub -division or home address, whichever is lesser.
E. Should a vehicle be "dead -lined" for more than two consecutive days, and
the unit member not furnished another City vehicle, no monies shall be deducted from
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the members' pay for the duration that the member was not furnished a vehicle, on a pro-
rated basis.
1. Unit members who no longer drive a City owned vehicle to and from work
shall be provided a safe and secure parking facility; secured from the general
public, in which to park their personal owned vehicle (POV).
2. Unit members may voluntarily give up their right to a take-home vehicle.
F. Unit members that have take-home vehicles must show proof, within go
days of the effective date of the article, that they have insurance coverage for the take-
home vehicles while in their care and use off duty. The unit members' insurance shall be
the primary coverage for the take-home vehicles while in the unit members' care and use
off duty, with the exception of those members who are in an on -call status, inwhich case
the City's insurance program is primary. Members who reside within the City's JPA limits
shall be exempt from this paragraph.
Section 20.4: Transport
Unit members will not be required to transport persons detained in a vehicle not equipped
with a cage, except in an emergency, and then the transporting officer will be assisted by
another officer.
Section 20.5: Portable Radio
No member shall be permitted to work his tour of duty without having in his possession
an operable portable radio; provided, however, that in Management's discretion, a
member not having an operable portable radio may be reassigned to other duties where a
portable radio is not necessary.
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Section 20.6: Firearms Training
Semi-annual firearms training will be provided by the City, to include shotgun, rifle
training with live ammunition. No less than semi-annually, the City shall furnish a box of
ammunition, caliber to be consistent with the duty issued sidearm, for use by the
bargaining unit member to practice on a firearms course in order to maintain sidearm
proficiency.
Section 20.7: Physical Exams
1. The City agrees that each member will receive, unless he objects, an annual
physical examination by a physician designated and paid for by the City, which includes
the following tests:
A. Urinalysis;
B. Blood Pressure;
C. Blood Chemical Profile (SMAC-24 B1oodTest);
D. Vision Test;
E. Height and Weight Recorded;
F. EKG at rest or Stress EKG (Upon recommendation of the City physician);
G. Chest X-Ray;
H. Nicotine Free Tests.
Every other year, unless more is determined by a physician, in addition to the above tests,
employees will be given Spirometry, T.B., Audiometry and Urinalysis tests.
Scheduling of the physical examination will be on duty and at the discretion of the
Department and results will be sent to the member by the medical provider.
In order to develop a comprehensive disease management program in conjunction with the
member health center and the annual physicals the parties agree to the following:
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1. All members shall receive a health risk assessment as part of the annual
physical;
2. All members will be required to participate with the doctor, nurse and
support staff from MyHealth Onsite to address any health -related risks, i.e.:
hypertension, blood sugar, cholesterol, obesity, diabetes, etc.;
3. All members will receive assistance from the programs offered through the
health center including smoking cessation program (at no cost);
4. No results of any physical testing done on annual bases shall have an
adverse effect on a unit member's position without the unit member having the time and
opportunity to rehabilitate himself.
Section 20.8: Fitness for Duty
Any medical or psychological exam that results in the member being considered as unfit
for duty, as attested by a qualified medical provider rendering his opinion of the member's
limitations described in layman terms, shall require the member to use paid time off until
a subsequent exam finds the member fit for duty.
Members shall undergo fitness for duty medical evaluations, at the City's direction, by a
medical provider selected by the City. The medical provider shall provide, by way of
second opinion, to the City, his opinion of the member's condition and what limitations
— in layman's terms, if any, the member has and if the limitations are permanent.
Should the member provide qualified medical information to return to duty before the
City (Human Resources Director) believes the member may return, and a final
determination is made that the member could have returned sooner, then the City shall
return that portion of the paid time off used after the date the documentation was provided.
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Section 20. : Drug and Alcohol Policy
The City Drug and Alcohol policy contained in the PRR shall apply to bargaining unit
employees.
Section 20.10: Random Drug Tests
The City reserves the right to randomly drug test members. Said drug test shall be
conducted following computer based objective selection procedures as is done for the
City's other employees. The costs of such tests shall be borne by the City.
Section 20.11: Notice of Health -Related Problems
When a member has a health -related problem that affects his ability to perform the
essential functions of his job, the member shall so advise the Chief. Members may
undergo fitness for duty medical evaluations as directed by the Chief by a doctor selected
by the City. The doctor shall provide, by way of second opinion, to the Chief only what
limitations — in layman's terms, if any, the member has and if the member has reached
MMI and if the limitations are permanent.
Section 20.12: Nicotine Free Requirement
All members hired immediately after June 20, 20o6, must be free of nicotine use and
must remain continually free of any nicotine use as a requirement for continued
employment with the City of Ocoee Police Department.
ARTICLE 21:
WORKING OUT OF CLASSIFICATION
Bargaining unit members who work out of classification shall be paid under the same
policy as applicable to all other non-exempt employees of the City who work out of their
classification, unless this Agreement specifically provides for other compensation.
42
ARTICLE 22:
MISCELLANEOUS
Section 22.1: Locker and Shower Facilities
The City shall provide a locker, capable of holding a uniform, vest, and gun belt for each
unit member and a shower area, which shall be available for members twenty- four (24)
hours a day.
Section 22.2: Inspection of Lockers
Lockers are City property and subject to inspection by the Chief or his designee at any
time for any or no reason.
Normally locker inspection will be in the presence of the unit member or another
employee. However, if the Chief determines that circumstances warrant immediate
inspection or opening of a bargaining unit member's locker and there are no other
employees available to act as witnesses, the Chief, in his discretion, may authorize that
the locker be opened and/or inspected as needed. If the lock is broken off by the City, the
City will replace it.
Section 22.3: Retirement Entitlements
A. A bargaining unit member who retires under a physical disability
retirement, regardless of years of service, or a member who retires with a minimum of
twenty (20) YOS and is eligible to immediately draw retirement compensation, shall be
given at the time of final separation his side -arm weapon, his badge, and a retired Police
Identification card.
B. A bargaining unit member who retires with a minimum of ten (lo) years of
service and is eligible to draw retirement compensation shall be given, at the time of final
separation, his badge and a retired police identification card. The retiree shall also have
the option to purchase his side -arm.
43
C. A member who retires from the City and will immediately draw his
retirement compensation shall be sent his monthly retirement check within sixty (6o)
calendar days of selection of the employee's retirementoption.
ARTICLE 23:
EXTRA -DITTY EMPLOYMENT
Section 22.1: General
Except as provided in this Article, law enforcement extra -duty employment shall be
administered and regulated in accordance with OPD policies in effect as of October 1,
2011, as amended.
Section 23.2: Minimum Rates
A. The minimum hourly rate paid to unit members for extra -duty, law
enforcement related employment shall be forty-five dollars ($45.00) per hour. If acting
in a supervisory capacity, the unit member shall be paid forty-nine dollars ($49.00) per
hour. The City shall remit payments to the officers after appropriate taxes withholdings.
Additionally:
1. If bargaining unit members work for another agency under a Memorandum
of Understanding, the bargaining unit members will be compensated in the
same manner as the requesting agency regardless of the established rates
above minus the currently established administrative costs.
2. The provisions in this article establish a minimum for City of Ocoee vendors
but the vendor may choose to pay more than the minimum rate listed above.
Any rate paid by a vendor will be subject to the currently established
administrative costs.
44
3. Bargaining unit members, except those assigned by the Chief, or his
designee, to administer the Extra -Duty Program, are prohibited from
soliciting any rate higher than the established Extra -Duty rate.
B. Approved extra -duty jobs no more than four (4) hours in length may be
worked by unit members prior to the start time of their regularly assigned duties.
C. Bargaining unit members may not work a combination of on -duty and
extra -duty shifts in excess of sixteen (16) hours in duration within a twenty-four (24) hour
period.
Section 23,,3: Holidays
The minimum hourly rate paid to unit members for extra -duty, law enforcement related
employment for the holidays recognized in Article 12, Section 12.1.B shall be fifty-five
dollars ($55.00) per hour or if acting in a supervisory capacity, the unit member shall be
paid fifty-nine dollars ($59.00) per hour.
Section 23.4: Grievances
Any grievances relating to of this Article shall be handled pursuant to Article 6 of this
Agreement.
ARTICLE 24:
EDUCATION
The current City of Ocoee educational policy, as written in the current PRR, Section 13.14,
Educational Incentive Program, shall remain in effect during the term of this Agreement,
subject to budget constraints as deemed appropriate by the Committee. The Education
Committee for this bargaining unit shall be comprised of those members listed in the
PRR's, including a member of the bargaining unit for issues impacting members of said
bargaining unit.
45
ARTICLE 25:
PENSION
Section 25.1. All bargaining unit positions and employees in those positions, covered by
this Agreement, shall be covered by the FS Chapter 185 Plan as established by the City of
Ocoee provided they meet the eligibility requirements of same.
Section 25.2: The Pension Ordinance shall provide the minimum in -line of duty disability
benefit shall be 55% of Average Final Compensation. Additionally, the Pension Ordinance
shall be amended to provide that bargaining unit members hired after the date of the
amendment of the Pension Ordinance shall be subject to the following (as outlined in the
Summary Plan Description, Appendix D) as amended during the term of this agreement:
1. A pension multiplier of 3.25%.
2. A cap on the monthly retirement benefit of 81.25% of final average
compensation.
3. A minimum of seven (7) years of service with the City in order to be vested.
Section 2.r,. ` . The City agrees to contribute no less than 12 % of the unit member's payroll
to the Pension Fund during the term of this Agreement. The bargaining unit members'
pension contribution shall be 8% of pensionable earnings.
Section 25.4.: Accrued paid time off (PTO) payouts at separation will not count toward
final average compensation for pension benefits, effective October 1, 2012. At the time of
separation, the member shall be paid for t00% of their PTO as outlined in this agreement.
Bargaining unit members who are entering the DROP shall have the option to cash in any
percentage, 25%, 50%, or 75% of the member's accrued PTO without penalty provided
that the member's PTO balance does not drop below 12o hours. Upon final completion
of service with the City, the remaining PTO shall be paid to the member as outlined above.
Section 29.5. For purposes of pension calculation, the unit member shall receive
monetary credit as part of their final average compensation for up to No hours of
overtime as per State Statute.
Section 25.6: Members who enter the Deferred Retirement Option Plan (DROP) after
October 1, 2012 may elect to have their account credited with either interest at the rate of
2% per annum or the actual net rate of investment return (not less than o%) of the Fund.
One change in election is permitted during the DROP period.
Section 25.7: The City and Union agree that the pension multiplier will remain at 3.5% for
the term of this Agreement for bargaining unit members hired prior to the Pension
Ordinance amendment set forth in Section 25.2 above.
ARTICLE 26:
SERGEANT PROMOTION
The City will promote Sergeants in the Police Department in accordance with the
established General Orders, effective March 11th, 2022.
ARTICLE 27:
VEBA
The VEBA contributions referred to in this Agreement shall be automatically deducted
from the member each payday prior to the calculation of taxes. The monies shall be
deposited in the member's account as directed by the member. In the event that the
member has not determined what account the monies should be deposited to, the default
will be that account/fund that is designated as a savings account.
1. Unit members participating in the City's Physical Assessment Program shall
receive a $300 per year contribution from the City and the equivalent of sixteen (16)
hours of the member's base rate of pay paid into the member's VEBA account. Members
are required to meet with the medical staff to review the results of the Physical
Assessment testing.
47
2. The $300 will be placed in the active side of the VEBA for each qualified
member and the 16 hours pay equivalent shall be placed in the retirement side of the
VEBA.
ARTICLE 28:
DURATION
This contract shall remain in full force and effect through midnight September 30, 2025
and shall automatically renew itself for periods of one (1) year unless either party delivers
to the other written notice of its intent to modify this contract not less than ninety (go)
calendar days prior to September 30 in any year of an automatic extension under this
Article.
48
IN WITNESS HEREOF, the parties have signed this AGREEMENT to be effective as of
October 1, 2022.
RECOMMENDED FOR THE CITY OF OCOEE
IN WITNESS HEREOF, the parties have signed this AGREEMENT to be effective as of
October 1, 2022.
RECOMMENDED FOR THE CITY OF OCOEE
Robert Frank, City Manager
Saima Plasencia, Police Chief
Rusty Johnson, Mayor
Gene Williford, HR Director
Date
Date
Date
Date
RECOMMENDED FOR THE FLORIDA POLICE BENEVOLENT ASSOCIATION, INC.
Leonardo Gomez
Ocoee PD Sergeant PBA Representative
Date
Date
I•
Appendix A
PBA COLLECTIVE BARGAINING AGREEMENT GRIEVANCE FORM
Employee's Name
Business Address
Business Telephone
Social Security Number
NATURE OF GRIEVANCE
Class Title
Department
Division
Unit
Bargaining Unit.
(involving interpretation or application of specific provisions of Agreement)
DATE ACT OR CONDITION OCCURRED:
SECTION OF AGREEMENT: (which has allegedly been violated)
RELIEF REQUESTED:
IF REPRESENTATIVE DESIRED - Name of My Representative:
50
Business Telephone:
FOR GROUP GRIEVANCES ONLY - I have been designated by the following named employees to
act as spokesperson and be responsible for processing the above grievance in their behalf:
SIGNED
Date Submitted
SUBMITTED TO: Name Class Title
(If space is insufficient to write complete information, attach a separate sheet.)
White OFFICIAL - Step 12 3*
YellowRepresentative (if any)
'Circle appropriate step Pink Employee
51
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53
Appendix D
f I o r i d a
CITY OF OCOEE
MUNICIPAL POLICE OFFICERS' AND
FIREFIGHTERS' RETIREMENT TRUST FUND
SUMMARY PLAN DESCRIPTION
January 1, 2018
IS YOUR BENEFICIARY FORM CURRENT? IN THE EVENT YOU DIE, YOUR BENEFIT OR
CONTRIBUTIONS WILL BE DISTRIBUTED TO THE PERSON OR PERSONS DESIGNATED BY
NAME ON THE BENEFICIARY FORM ON FILE WITH THE PENSION PLAN. NO PROVISION IN
YOUR LAST WILL AND TESTAMENT WILL CHANGE THIS SELECTION. PLEASE BE SURE THAT
YOUR BENEFICIARY FORM DESIGNATES THE PERSON OR PERSONS YOU INTEND TO RECEIVE
YOUR BENEFITS AND THAT YOU REVIEW THIS CHOICE IN THE EVENT OF A MAJOR LIFE
CHANGE SUCH AS A DIVORCE OR THE DEATH OF YOUR BENEFICIARY.
54
CITY OF OCOEE MUNICIPAL POLICE OFFICERS'
AND FIREFIGHTERS' RETIREMENT TRUST FUND
SUMMARY PLAN DESCRIPTION
INTRODUCTION
The Board of Trustees of the City of Ocoee Municipal Police Officers' and Firefighters'
Retirement Trust Fund is pleased to present this booklet which briefly explains the provisions of
your Firefighters and Police Officers' Pension Plan. As a participant in the Fund, you are included
in a program of benefits to help you meet your financial needs at retirement, or in the event of
disability or death.
This booklet can assist you in preparing for your retirement and financial future, If you need
further information on any of the topics presented in this booklet, please contact any member of the
Board of Trustees. They will either answer questions you might have to help you understand your
benefits or otherwise get you an answer to your questions. We urge you to read and understand this
booklet in order to become familiar with the benefits of the Plan and how they contribute to your
financial security and how they will enrich your retirement years.
The information presented is only a summary of the pension plan ("Plan") as provided in the
ordinances of the City of Ocoee. If there are any conflicts between the information in this booklet
and the ordinances of the City of Ocoee, the ordinances shall govern. The provisions of this
Summary Plan Description shall not constitute a contract between the Member and the Board of
Trustees. The Plan shall be administered in accordance with state and federal law, notwithstanding
any provisions in this booklet or ordinances to the contrary. A copy of the ordinance establishing
the Plan can be obtained from the City Clerk's office, which is located at 150 North Lakeshore Drive,
Ocoee, Florida 34761. r.•,
---Mainnan, Board' of Trustees,
City-of,4i;iee Municipal Police Officers' and
Firefighters' Retirement Trust Fund
Date
BOARD OF TRUSTEES AND PLAN ADMINISTRATION
A. Administration.
(1) The City of Ocoee Municipal Police Officers' and Firefighters'
Retirement Trust Fund is a defined benefit pension plan administered
by a Board of Trustees which acts as the administrator of the Plan.
The Board consists of 5 Trustees, 2 of whom shall be legal residents
of the City who are appointed by the City Commission, 2 of whom
are Members of the System, 1 who is elected by a majority of the
Firefighter Members of the System and 1 who is elected by a maj ority
of the Police Officer Members of the System and a fifth Trustee who
is chosen by a majority of the first 4 Trustees. Each Trustee serves a
four year term.
(2) DROP participants can be elected as but not vote for elected Trustees.
B. The names and addresses of the current Trustees and Plan Administrator are
attached to this Summary Plan Description as Exhibit "A". The Chairman of the Board of Trustees
is designated as agent for the service of legal process.
2. ELIGIBILITY FOR PLAN MEMBERSHIP
Eachperson employedbythe City as afull-time Firefighter or Police Officerbecomes
a member of the Plan as a condition of his employment. All Firefighters and Police Officers are
therefore eligible for Plan benefits, as provided for in the Plan document and by applicable law.
PLAN BENEFITS
All claims for benefits under the Plan shall be made in writing to the Board of
Trustees.
A. Normal Retirement Eligibility. You are eligible for retirement upon the earlier
of the completion of 25 years of credited service regardless of age, or the attainment of age 55 and
the completion of 10 years of credited service.
B. Amount ofNormal Retirement Benefits. The amount ofthe normal retirement
benefit is based on your credited service and average final compensation:
"Credited Service" is generally your period of employment as a Police Officer
or Firefighter in the Police of Fire Department measured in years and parts of years. Credited service
will include credit for up to five years for a break in employment for military service, pursuant to
conditions provided for under state or federal law, provided that you are reemployed within 1 year
of discharge under honorable conditions. Additional credited service time may also be available (See
subsection L. below).
In the event you have also accumulated credited service in the General
Employees pension system maintained by the City, then such other credited service shall be used in
determining vesting and eligibility for early or normal retirement, but not for determining benefits.
"Average Final Compensation" is 1/12 of your average salary of the 5 best
years of the last 10 years of credited service prior to your termination, retirement or death, or your
career average as a full-time Firefighter or Police Officer, whichever is greater. A year is defined
as 12 consecutive months.
-1-
"Salary" is your total compensation for services rendered to the City as a
Police Officer or Firefighter reported on your W-2 form, plus all tax deferred or tax sheltered items
of income derived from elective employee payroll deductions or salary reductions, excluding pay for
police officer's extra duty details and employers contribution into the Voluntary Employee Benefit
Account (VEBA). Any paid time off unused at the time of termination of employment with the City
of Ocoee as a Police Officer or Firefighter will not be used in the pension credit calculation. For
service earned on or after October 1, 2012, Salary shall not include more than three hundred (300)
hours of overtime per calendar year. Provided however, in any event, payments for overtime in
excess of three hundred (300) hours per year accrued as of October 1, 2012 and attributable to
service earned prior to the October 1, 2012, may still be included in Salary for pension purposes even
if the payment is not actually made until on or after October 1, 2012.
C. Normal Retirement.
(1) Firefighters.
(a) If you were hired prior to October 1, 2015, the normal
retirement benefit is calculated by multiplying 3.5% times
years of credited service times your average final
compensation, up to a maximum benefit not to exceed 91 %
of your average final compensation if you were hired on or
after October 1, 2012: (3.5% x CS x AFC = normal
retirement benefit).
(b) If you were hired on or after October 1, 2015, the normal
retirement benefit is calculated by multiplying 3.25% times
years of credited service times your average final
compensation, up to a maximum benefit not to exceed
81.25% of your average final compensation: (3.25% x CS x
AFC = normal retirement benefit).
(2) Police Officers.
(a) If you were hired prior to May 16, 2017, the normal
retirement benefit is calculated by multiplying 3.5% times
years of credited service times your average final
compensation, up to a maximum benefit not to exceed 9 1 %
of your average final compensation if you were hired on or
after October 1, 2012: (3.5% x CS x AFC = normal
retirement benefit).
(b) If you were hired on or after May 16, 2017, the normal
retirement benefit is calculated by multiplying 3.25% times
years of credited service times your average final
compensation, up to a maximum benefit not to exceed
81.25% of your average final compensation: (3.25% x CS x
AFC = normal retirement benefit).
Normal and early retirement payments will commence on the first day of the
month coincident with or next following your last day of employment. The benefit is paid to you
for your life, but you or your beneficiary shall receive at least 120 monthly benefit payments in any
event.
Each vested Plan Member shall be entitled, at the Fund's expense, to receive
two actuarial studies (one preliminary and one final) to estimate his or her retirement benefits. Any
additional studies shall be provided only at the Member's expense.
-2-
D. Early Retirement. You are eligible for early retirement upon the attainment
of age 45 and the completion of 5 years of credited service.
E. Amount of Early Retirement Benefits. The amount of the early retirement
benefit is calculated in the same manner as for normal retirement and is available as follows:
(1) Beginning on the date on which you would have qualified for normal
retirement; or
(2) Beginning immediately upon retirement, but if beginning
immediately, the amount of the monthly benefit is reduced by 3 % for
each year to age 50 and actuarially reduced for each year from age 50
to age 45, by which the commencement of benefits precedes the date
which would have been your normal retirement dated determined
based upon your actual years of credited service
F. Supplemental Benefits. In addition to the benefits provided above, the Plan
provides for a supplemental benefit as follows:
(1) Supplemental Benefit. Effective October 1, 2004, all current and
future retirees and effective October 1, 2008 only those who retired
prior to October 1, 2008, retired under the early or normal retirement
provision, their joint pensioners or beneficiaries, shall receive a
supplemental benefit in the amount of $200 per month reduced as for
early retirement if applicable. Disability retirees and vested
terminated persons shall not receive this supplement.
(2) Supplemental Benefit - Share Plan. Pursuant to Florida law, there has
been a separate member "share account" created for each member of
the plan. This supplemental benefit may or may not be funded and
thus, you may or may not receive a retirement benefit from the share
plan. If the share plan is funded, at retirement, termination (vested),
disability or death, there shall be an additional benefit paid to you.
The share plan is funded solely with state premium tax money and the
funding that is received for this Share Plan is allocated to your share
account based on a formula which gives you an allocation based on
your years of credited service or another formula to be determined.
Your share account receives its proportionate share of the income or
loss on the assets in the plan.
G. Other Retirement Options. At retirement, certain additional options are
available as follows:
(1) In lieu of the amount and form of retirement income payable under
normal and early retirement, you may elect to receive a retirement
benefit in a different form so long as the form you elect is of equal
actuarial value as the normal benefit. The optional forms of benefits
which are available are:
(a) A retirement income of a larger monthly amount, payable to
you for your lifetime only.
(b) A retirement income of a modified monthly amount, payable
to you during your lifetime, and following your death, 100%,
-3-
75% 66-2/3%, or 50% of such monthly amounts payable to a
joint pensioner for his or her lifetime.
(c) Such other amount and form of retirement payments or
benefits as, in the opinion of the Board, will best meet your
circumstances at retirement.
(d) You may also elect to receive an initial lump sum payment
equal to 5%, 10%, 15%, or 20% of your accrued benefit with
the remaining 95%, 90%, 85%, or 80%, respectively, payable
in a form selected by you and provided for in (a), (b) or (c)
above or in the normal form (10 years certain and life).
(2) Deferred Retirement Option Plan (DROP).
(a) If you become eligible for normal retirement, and are still
employed by the City as a Firefighter or Police Officer, you
have the option of "retiring" from the pension plan but
continuing your employment as a Firefighter or Police Officer
for up to an additional five years. Maximum DROP
participation shall not exceed 60 months from the date you
first become eligible for normal retirement. An election to
participate in the DROP constitutes an irrevocable election to
resign from the service of the City not later than the
maximum permissible DROP participation period provided
for in the plan. You must request, in writing, to enter the
DROP.
(b) If you entered the DROP prior to October 1, 2012, your
retirement benefit is immediately calculated and each monthly
benefit payment is deposited into your DROP account. You
may elect to either have your account credited with interest at
the rate of 6.5% per annum or credited or debited with an
investment return or loss approximately equal to the other
assets in the Fund. One change in election is permitted.
If you enter the DROP on or after October 1, 2012, your
retirement benefit is immediately calculated and each monthly
benefit payment is deposited into your DROP account. You
may elect to either have your account credited with interest at
the rate of 2% per annum or credited or debited with an
investment return or loss approximately equal to the other
assets in the Fund. One change in election is permitted.
(c) At the time of termination of employment at the end of the
DROP period, you will receive your account balance in a
lump sum or in another optional form and you will also begin
receiving your monthly retirement benefit.
(d) Once you enter the DROP, you are no longer eligible for
disability or pre -retirement death benefits, nor do you accrue
any additional credited service. Your retirement benefit is
fixed as of your entry date. You pay no member contributions
to the plan once you enter the DROP.
ME
(e) Participation in the DROP is not a guarantee of employment
and DROP participants shall be subject to the same
employment standards and policies that are applicable to
employees who are not DROP participants.
(f) Additional information about the DROP can be obtained from
the Board.
(g) In lieu of participation in the DROP, if you elect on or after
October 1, 2012 to participate in an actuarially equivalent
BAC-DROP to a date ofyour choosing, provided that the date
is not further back than your normal retirement date. The
total BAC-DROP period shall not exceed 60 months and shall
provide an immediate partial lump sum distribution, payable
to your DROP Account. The lump sum shall be the accrued
benefit, determined as if you had entered the DROP
retroactively, as described above, accumulated with interest
at the annual fixed rate of 2%. You may choose an actuarially
equivalent form of benefit at the time of BAC-DROP entry,
as described in subsection (1) above. Member contributions
shall be returned for the period of the BAC-DROP
participation. By electing the BAC-DROP you shall
terminate employment not later than the first day of the month
following your election to participate in the BAC-DROP. The
Board's authority and power for administration of the BAC-
DROP shall be the same as those provided for in the DROP.
H. Disability Retirement. You are considered disabled when you become totally
and permanently unable to perform useful and efficient service as a Firefighter or Police Officer.
A written application is made to the Board of Trustees for a disability pension and the Board of
Trustees receives evidence of the disability and decides whether or not the pension is to be granted.
If the pension is granted, the benefit amount shall be:
(1) Firefighters - Injury In -Line of Duty.
(a) If you were hired prior to October 1, 2015 and if the injury or
disease is service connected, a benefit equal to 3.5% of your
average final compensation multiplied by your total years of
credited service, up to a maximum benefit not to exceed 91 %
of your average final compensation if you were hired on or
after October 1, 2012, but in any event the minimum amount
paid to you shall be 42% of your average final compensation.
(b) If you were hired on or after October 1, 2015 and if the injury
or disease is service connected, a benefit equal to 3.25% of
your average final compensation multiplied by your total
years of credited service, up to a maximum benefit not to
exceed 81.25% of your average final compensation, but in any
event the minimum amount paid to you shall be 42% of your
average final compensation.
(2) Firefighters - Injury Not -in -Line of Duty.
(a) If you were hired prior to October 1, 2015 and if the injury or
disease is not service connected, a benefit equal to 3.5% of
your average final compensation multiplied by your total
-5-
years of credited service, up to a maximum benefit not to
exceed 91 % of your average final compensation if you were
hired on or after October 1, 2012. This non -service connected
benefit is only available if you have at least 10 years of
credited service.
(b) If you were hired on or after October 1, 2015 and if the injury
or disease is not service connected, a benefit equal to 3.25%
of your average final compensation multiplied by your total
years of credited service, up to a maximum benefit not to
exceed 81.25% of your average final compensation. This
non -service connected benefit is only available if you have at
least 10 years of credited service.
(3) Police Officers - In -Line of Duty.
(a) If you were hired prior to May 16, 2017 and if the injury or
disease is service connected, a benefit equal to 3.5% of your
average final compensation multiplied by your total years of
credited service, up to a maximum benefit not to exceed 91 %
of your average final compensation if you were hired on or
after October 1, 2012, but in any event the minimum amount
paid to you shall be 55% of your average final compensation.
(b) If you were hired on or after May 16, 2017 and if the injury or
disease is service connected, a benefit equal to 3.25% of your
average final compensation multiplied by your total years of
credited service, up to a maximum benefit not to exceed
81.25% of your average final compensation, but in any event
the minimum amount paid to you shall be 5 % of your average
final compensation.
(2) Police Officers - Injury Not -in -Line of Duty.
(a) If you were hired prior to May 16, 2017 and if the injury or
disease is not service connected, a benefit equal to 3.5% of
your average final compensation multiplied by your total
years of credited service, up to a maximum benefit not to
exceed 91 % of your average final compensation if you were
hired on or after October 1, 2012. This non -service connected
benefit is only available if you have at least 10 years of
credited service.
(b) If you were hired on or after May 16, 2017 and if the injury or
disease is not service connected, a benefit equal to 3.25% of
your average final compensation multiplied by your total
years of credited service, up to a maximum benefit not to
exceed 81.25% of your average final compensation. This
non -service connected benefit is only available if you have at
least 10 years of credited service.
Eligibility for disability benefits. Subject to (4) below, you must bean active
member of the plan on the date the Board determines your entitlement to a disability benefit.
(1) Terminated persons, either vested or non -vested, are not eligible for
disability benefits.
(2) If you voluntarily terminate your employment either before or after
filing an application for disability benefits, you are not eligible for
disability benefits.
(3) If you are terminated by the City for any reason other than for medical
reasons, either before or after you file an application for disability
benefits, you are not eligible for disability benefits.
(4) The only exception to (1) above is:
(a) If you are terminated by the City for medical reasons and you
have already applied for disability benefits before the medical
termination, or;
(b) If you are terminated by the City for medical reasons and you
apply within 30 days after your medical termination date.
If either (4)(a), or (4)(b) above applies, your application will be
processed and fully considered by the board.
Your disability benefit terminates upon the earlier of death, with 120 payments
guaranteed, or recovery. You may, however, select a "life only" or "joint and survivor" optional
form of benefit as described above under "Optional Forms of Retirement".
Your benefit will be reduced if you receive workers' compensation benefits
and your combined benefit exceeds 100% of your final salary. The pension benefit will be reduced
so that the total does not exceed 100%, except that the pension benefit shall not be reduced below
the greater of 55% of average final compensation or 2.75% of average final compensation times
years of credited service.
Any condition or impairment ofhealth caused by hypertension or heart disease
resulting in death or total and permanent disability is presumed to have been suffered in the line of
duty unless the contrary is shown by competent evidence; provided that you have successfully passed
a physical examination on entering into service and there is no evidence of the condition at that time.
For conditions diagnosed on or after January 1,1996, if you suffer a condition
or impairment ofhealth that is caused byhepatitis, meningococcal meningitis, or tuberculosis, which
results in total and permanent disability, it shall be presumed that the disability is in the line of duty,
unless the contrary is shown by competent evidence as provided for in Section 112.181, Florida
Statutes.
To receive disability benefits, you must establish to the satisfaction of the
Board, that such disability was not occasioned primarily by:
(1) Excessive or habitual use of any drugs and/or intoxicants, or
narcotics.
(2) Injury or disease sustained while willfully and illegally participating
in fights, riots or civil insurrections or while committing a crime.
(3) Injury or disease sustained while serving in any branch of the Armed
Forces.
(4) Injury or disease sustained after your employment as a Firefighter or
Police Officer with the City of Ocoee shall have terminated.
-7-
(5) For Police Officer Members, injury or disease sustained while
working for anyone other than the City and arising out of such
employment.
As a disabled pensioner, you are subject to periodic medical examinations as
directed by the Board to determine whether a disability continues. You may also be required to
submit statements from your doctor, at your expense, confirming that your disability continues.
I. Death Before Retirement. If you die prior to retirement from the City Police
Department or Fire Department, your beneficiary shall receive the following benefit:
(1) Prior to Vesting or Eligibility for Retirement. If you were not
receiving monthly benefits or were not yet vested or eligible for early
or normal retirement, your beneficiary shall receive a refund of 100%
of your accumulated contributions.
(2) Deceased Members Vested or Eligible for Retirement with Spouse as
Beneficiary. If you die and, at the date of your death were vested or
eligible for early or normal retirement, your spouse beneficiary shall
be entitled to a benefit as follows:
(a) If you were vested, but not eligible for normal or early
retirement, your spouse beneficiary shall receive a benefit
payable for 10 years, beginning on the date that you would
have been eligible for early or normal retirement, at the option
of your spouse beneficiary. The benefit shall be calculated as
for normal retirement based on your credited service and
average final compensation as of the date of your death and
reduced as for early retirement, if applicable. Your spouse
beneficiary may also elect to receive an immediate benefit,
payable for 10 years, which is actuarially reduced to reflect
the commencement of benefits prior to your early retirement
date.
(b) If you were eligible for normal or early retirement, your
spouse beneficiary shall receive a benefit payable for 10
years, beginning on the first day of the month following your
death or at your otherwise normal or early retirement date, at
the option of your spouse beneficiary. The benefit shall be
calculated as for normal retirement based on your credited
service and average final compensation as of the date of your
death and reduced as for early retirement, if applicable.
(c) Your spouse beneficiary may not elect an optional form of
benefit, however, the Board may elect to make a lump sum
payment if the total commuted value of benefit is less than
$1,000.00.
(d) Your spouse beneficiary may, in lieu of any benefit provided
for in (a) or (b) above, elect to receive a refund of your
accumulated contributions.
(e) If your spouse beneficiary commences receiving a benefit
under (a) or (b) above, but dies before all payments are made,
In
the remaining benefit shall be paid to the estate of the spouse
beneficiary.
(3) Deceased Members Vested or Eligible for Retirement with Non -
Spouse Beneficiary. If your beneficiary is not your spouse, the
benefits payable to your non -spouse beneficiary are the same as those
to a spouse beneficiary, however, the date of commencement of those
benefits may be required to be earlier, with the resulting reduction in
the amount.
J. Reemployment After Retirement. If you retire under normal or early
retirement and wish to be reemployed by the city, you should be aware that your ability to continue
to receive your pension benefit upon reemployment may be restricted.
K. Termination of Employment and Vesting. If your employment is terminated,
either voluntarily or involuntarily, the following benefits are payable:
(1) Firefighters hired prior to October 1, 2015.
(a) If you have less than 5 years of credited service upon
termination, you shall be entitled to a refund of the money
you have contributed or you may leave it deposited with the
Fund.
(b) If you have 5 or more years of credited service upon
termination, you shall be entitled to a monthly retirement
benefit payable to you starting at your otherwise normal or
early retirement date, determined based on your actual years
of Credited Service and provided you do not elect to withdraw
your contributions and provided you survive to your
otherwise normal or early retirement date. If you do not
withdraw your accumulated contributions and do not survive
to your otherwise normal or early retirement date, your
designated beneficiary shall be entitled to a benefit as
provided herein for a deceased member, vested or eligible for
retirement under Death Before Retirement.
(2) Firefighters hired on or after October 1, 2015.
(a) If you have less than 7 years of credited service upon
termination, you shall be entitled to a refund of the money
you have contributed or you may leave it deposited with the
Fund.
(b) If you have 7 or more years of credited service upon
termination, you shall be entitled to a monthly retirement
benefit payable to you starting at your otherwise normal or
early retirement date, determined based on your actual years
of Credited Service and provided you do not elect to withdraw
your contributions and provided you survive to your
otherwise normal or early retirement date. If you do not
withdraw your accumulated contributions and do not survive
to your otherwise normal or early retirement date, your
designated beneficiary shall be entitled to a benefit as
provided herein for a deceased member, vested or eligible for
retirement under Death Before Retirement.
91
(3) Police Officers hired prior to May 16, 2017.
(a) If you have less than 5 years of credited service upon
termination, you shall be entitled to a refund of the money
you have contributed or you may leave it deposited with the
Fund.
(b) If you have 5 or more years of credited service upon
termination, you shall be entitled to a monthly retirement
benefit payable to you starting at your otherwise normal or
early retirement date, determined based on your actual years
of Credited Service and provided you do not elect to withdraw
your contributions and provided you survive to your
otherwise normal or early retirement date. If you do not
withdraw your accumulated contributions and do not survive
to your otherwise normal or early retirement date, your
designated beneficiary shall be entitled to a benefit as
provided herein for a deceased member, vested or eligible for
retirement under Death Before Retirement.
(4) Police Officers hired on or after May 16, 2017.
(a) If you have less than 7 years of credited service upon
termination, you shall be entitled to a refund of the money
you have contributed or you may leave it deposited with the
Fund.
(b) If you have 7 or more years of credited service upon
termination, you shall be entitled to a monthly retirement
benefit payable to you starting at your otherwise normal or
early retirement date, determined based on your actual years
of Credited Service and provided you do not elect to withdraw
your contributions and provided you survive to your
otherwise normal or early retirement date. If you do not
withdraw your accumulated contributions and do not survive
to your otherwise normal or early retirement date, your
designated beneficiary shall be entitled to a benefit as
provided herein for a deceased member, vested or eligible for
retirement under Death Before Retirement.
The Internal Revenue Code provides that certain eligible lump sum
distributions from the pension systemmay be directly rolled over into qualified individual retirement
accounts, annuities or certain other pension plans. A 20% withholding shall be required on taxable
portions of such lump sum distributions not directly transferred to a new custodian.
L. Additional Credited Service. In addition to credited service actually earned
in the employment of the City, you may also receive credited service as follows:
(1) "Buy -Back" for Prior Police or Fire Service. The years or fractional
parts of years that you previously served as a police officer or
firefighter with the City of Ocoee during a period of previous
employment and for which period accumulated contributions were
withdrawn from the Fund shall be added to your years of credited
-10-
service provided that within the first 90 days of your reemployment
you pay into the plan the withdrawn contributions with interest.
If, after 90 days from your reemployment you have failed to purchase
credited service pursuant to the previous paragraph or if you served
as a full-time paid Police Officer for any other municipal, county or
state law enforcement agency or Firefighter for any other municipal,
county or special district fire department in the State of Florida or a
jurisdiction other than the State of Florida, you will receive credited
service only if:
(a) You contribute to the Fund a sum equal to an actuarially
determined amount such that the crediting of service does not
result in any cost to the Fund plus payment of costs for all
professional services rendered to the Board in connection
with the purchase of years of credited service.
(b) Multiple requests to purchase credited service pursuant to this
provision can be made at any time prior to retirement.
(c) Payment of the required amount shall be made within 6
months of your request for credit and shall be made in one
lump sum payment to the Board, upon receipt of which
credited service shall be given.
(d) The maximum credit under this section for service with an
employer other than the City of Ocoee when combined with
military service prior to employment shall be 5 years of
credited service and shall count for all purposes, except
vesting and eligibility for not -in -line of duty disability
benefits. There shall be no maximum purchase of credit for
prior service with the City of Ocoee and such credit shall
count for all purposes, including vesting.
(e) In no event may credited service be purchased pursuant to this
section for prior service with any other municipal, county or
special district fire department or special law enforcement
department if such prior service forms or will form the basis
of a retirement benefit or pension from another retirement
system or plan as set for in the Maximum Pension Section of
your plan document.
(f) In addition to service as a Firefighter in this State, credit may
be purchased in the same manner as provided above for
federal, other state, county or municipal service if the prior
service is recognized by the Division of State Fire Marshal, as
provided under Chapter 633, Florida Statutes, or you provide
proof to the Board that such service is equivalent to the
service required to meet the definition of a Firefighter.
(g) In addition to service as a Police Officer in this State, credit
may be purchased in the same manner as provided above for
federal, other state, county or municipal service if the prior
service is recognized by the Criminal Justice Standards and
Training Commission within the Department of Law
Enforcement, as provided under Chapter 943, Florida
-11-
Statutes, or you provide proof to the Board that such service
is equivalent to the service required to meet the definition of
a Police Officer.
(2) 'Buy -Back" for Military Service Prior to Employment. The years or
fractional parts of years that you serve or have served on active duty
in the military service of the Armed Forces of the United States, the
United States Merchant Marine or the United States Coast Guard,
voluntarily or involuntarily and honorably or under honorable
conditions, prior to first and initial employment with the City Police
or Fire Department shall be added to your years of credited service
provided that:
(a) You contribute to the Fund an actuarially determined amount
such that the crediting of the service does not result in any
cost fo the Fund plus payment of costs for all professional
services rendered to the Board in connection with the
purchase of years of credited service.
(b) Multiple requests to purchase credited service pursuant to this
provision may be made at any time prior to retirement.
(c) Payment of the required amount shall be made within 6
months of your request for credit, but not later than your
retirement date, and shall be made in one lump sum payment
upon receipt of which credited service shall be given.
(d) The maximum credit under this Section when combined with
credited service for prior police or fire service with an
employer other than the City of Ocoee, shall be 5 years and
shall count for all purposes except vesting and eligibility for
not -in -line of duty disability benefits.
(3) Rollovers or Transfers of Funds to Purchase Service. In the event you
are eligible to purchase additional credited service as provided above,
you may be eligible to rollover or transfer funds from another
retirement program in which you participate (traditional IRA,
deferred compensation plan maintained by a government employer
(457 plan), 401k plan, profit sharing plan, defined benefit plan,
money purchase plan, annuity plan or tax sheltered annuity) in order
to pay all or part of the cost of purchasing such additional credited
service.
M. Contributions and Funding. The City is paying the portion of the cost of the
pension plan over and above your contributions and all or a portion of the amounts received from
the state insurance rebates, pursuant to a mutual consent agreement between the City and the Union.
You contribute 8% of your salary to the Plan. Your contribution will be excluded from your gross
income for withholding purposes so you will realize income tax benefits.
N. Maximum Benefits. In no event will the annual benefits paid from this Plan
exceed $220,000.00 annually, subject to certain cost of living adjustments and actuarial reductions,
under certain circumstances, for retirement prior to age 62 as set forth in Section 415 of the Internal
Revenue Code.
If you began participation for the first time on and after January 1, 1980, you
cannot receive a benefit in excess of 100% of your average final compensation.
ON
O. Forfeiture of Pension. If you are convicted of the certain crimes listed in the
Plan, committed prior to retirement, or if your employment is terminated by reason of your admitted
commission, aid or abetment of these crimes, you shall forfeit all rights and benefits under the Plan,
except for the return of your contributions as of the date of your termination.
P. Conviction and Forfeiture; False, Misleading or Fraudulent Statements.
It is unlawful for you to willfully and knowingly make, or cause to be made,
or to assist, conspire with, or urge another to make, or cause to be made, any false, fraudulent, or
misleading oral or written statement or withhold or conceal material information to obtain any
benefit from the System.
If you violate the previous paragraph, you commit a misdemeanor of the first
degree, punishable as provided in Section 775.082 or Section 775.083, Florida Statutes.
In addition to any applicable criminal penalty, upon conviction for a violation
described above, you or your beneficiary may, in the discretion of the Board, be required to forfeit
the right to receive any or all benefits to which you would otherwise be entitled under the System.
For purposes of this subsection, "conviction" means a determination of guilt that is the result of a
plea or trial, regardless of whether adjudication is withheld.
Q. Claims Procedure Before the Board. You may request, in writing, that the
Board review any claim for benefits under the Plan. The Board will review the case and enter a
decision as it deems proper within not more than 180 days from the date of the receipt of such
written request, or in the case of a disability claim, from receipt of a medical release and completed
interrogatories. The time period may be extended if you agree to the extension.
The Board's decision on your claim will be contained in an order which will
be in writing and will include:
(1) The specific reasons for the Board's action;
(2) A description of any additional information that the Board feels is
necessary for you to perfect your claim;
(3) An explanation of the review procedure next open to you which
includes a formal evidentiary hearing.
4. NON -FORFEITURE OF PENSION BENEFITS
A. Liquidation ofPension Fund Assets. In the event ofrepeal, or if contributions
to the Fund are discontinued by the City, there will be a full vesting of benefits accrued to date of
repeal.
B. Interest of Members in Pension Fund. At no time prior to the satisfaction of
all liabilities under the Plan shall any assets of the Plan be used for any purpose other than for the
Firefighters' or Police Officers' exclusive benefit. In any event, your contributions to the Plan are
non -forfeitable.
VESTING OF BENEFITS
A. For Firefighters hired prior to October 1, 2015. Your retirement benefits are
vested after 5 years of credited service.
-13-
B. For Firefighters hired on or after October 1.2015. Your retirement benefits
are vested after 7 years of credited service.
C. For Police Officers hired prior to May 16, 2017. Your retirement benefits are
vested after 5 years of credited service.
D. For Police Officers hired on or after May 16, 2017. Your retirement benefits
are vested after 7 years of credited service.
APPLICABLE LAW
The Plan is governed by certain federal, state and local laws, including, but not
limited to the following:
A. Internal Revenue Code and amendments thereto.
B. Chapters 175 and 185, Florida Statutes, "Municipal Police Officers' or
Firefighters' Retirement Trust Funds".
Systems".
C. Part Vll, Chapter 112, Florida Statutes, "Actuarial Soundness of Retirement
D. Ordinances of the City of Ocoee.
E. Administrative rules and regulations adopted by the Board of Trustees.
PLAN YEAR AND PLAN RECORDS
The Plan year begins on October 1 of each year and ends on September 30 of the
following year. All records of the Plan are maintained on the basis of the Plan year.
APPLICABLE PROVISIONS OF COLLECTIVE BARGAINING
AGREEMENTS
The current collective bargaining agreement between the City and the Firefighters and
Police Officers contains no provisions which deal directly with pension benefits. Pension benefits
are a bargainable issue.
9. FINANCIAL AND ACTUARIAL INFORMATION
A. A report of pertinent financial and actuarial information on the solvency and
actuarial soundness of the Plan has been prepared by the Pension Plan's
actuary, Foster & Foster, Inc., and is attached as Exhibit "B".
B. A copy of the detailed accounting report of the plan's expenses for the fiscal
year is available for review upon request to the Plan Administrator.
C. A copy of the administrative expense budget for the plan, for each fiscal year
is available for review upon request to the Plan Administrator.
10. DIVORCE OR DISSOLUTION OF MARRIAGE
Federal and state law provides certain restrictions regarding the payment of your
pension benefits in the event of your divorce or dissolution of marriage. Immediately upon your
involvement in such a legal proceeding, you should provide a member of the Board with the name
and address of your attorney or your name and address if you have no attorney. The Board's attorney
-14-
will then provide you or your attorney with information concerning the legal restrictions regarding
your pension benefits. In addition, a copy of any proposed order must be submitted to the Board
prior to entry by the court. Failure to do so may require you to pay any expenses incurred by the
Board in correcting an improper court order.
11. EX -SPOUSES AS BENEFICIARY OR JOINT PENSIONER
The Florida Legislature has adopted Section 732.703, Florida Statutes. This law
nullifies the designation of your ex -spouse as a Beneficiary or Joint Annuitant / Joint Pensioner on
your pension plan retirement benefits. This law went into effect on July 1, 2012.
After July 1, 2012, if you want your ex -spouse to be a beneficiary or joint
annuitant/joint pensioner for your plan benefit, you will have to make that designation AFTER the
dissolution of marriage. If you currently have an ex -spouse as a beneficiary or J oint annuitant/joint
pensioner, and want to keep this designation, you will have to designate the ex -spouse again after
July 1, 2012.
To reconfirm your current beneficiary, or to designate a new beneficiary, complete
a new Designation of Beneficiary Form (PF-3).
To reconfirm your current joint annuitant/joint pensioner, or to designate a new j oint
annuitant/joint pensioner (if authorized by the current plan provisions), indicate such change on a
Change or Confirmation of Designated Joint Annuitant or Joint Pensioner Form (PF-25). If
necessary, the plan administrator will submit the new form to the actuary of the plan for recalculation
of your benefit. There may be a charge to you to make this change.
To obtain either of the above forms, or if you have any questions, please contact your
plan administrator.
12. EXCLUSION OF HEALTH INSURANCE PREMIUMS FROM INCOME.
When you retire because of disability or have worked to the date you are immediately
eligible for normal retirement (not early retirement), you can elect to exclude from income,
distributions made from your benefit that are used to pay the premiums for accident or health
insurance or long-term care insurance. The premium can be for coverage for you, your spouse, or
dependents. The distribution must be made directly from the plan to the insurance provider using
pension form PF-22 which authorizes the distribution. (This form may be obtained from your plan
administrator) You can exclude from income the smaller of the amount of the insurance premiums
or $3,000.00. You can only make this election for amounts that would otherwise be included in your
income.
ksh\ocoee\p&fl01-12-18.spd
-15-
EXHIBIT "A"
BOARD OF TRUSTEES
The names and addresses of the members of the Board of Trustees are:
Chairman:
Charles Brown
646 Ocoee Commerce Pkwy
Ocoee, Florida 34761
Secretary:
Bryan Pace
646 Ocoee Commerce Pkwy
Ocoee, Florida 34761
Member:
Trey Littlefield
646 Ocoee .Commerce Pkwy
Ocoee, Florida 34761
Member:
Joe Moy
646 Ocoee Commerce Pkwy
Ocoee, Florida 34761
Member:
William Maxwell
558 Woodson Avenue
Ocoee, FL 34761
PLAN ADMINISTRATOR
Mr. Pete Prior
Ocoee Police Officers' and Firefighters' Retirement Trust Fund
c/o Benefits USA
3810 Inverrary Blvd., Ste 303
Lauderhill, FL 33319
Phone: 954-730-2068 extension 203
E-Mail: '�a'te t'��c liufttS i.sa,��Yi;
CITY OF OCOEE
MUNICIPAL POLICE OFFICERS' AND FIREFIGHTERS' RETIREMENT TRUST FUND
EXHIBIT "B"
New Assump Old Assume
A. Participant Data
10/1/2017
10/1/2017
10/1/2016
Actives
116
116
114
Service Retirees
45
45
42
DROP Retirees
10
10
10
Beneficiaries
1
1
1
Disability Retirees
7
7
7
Terminated Vested
26
26
25
Total
205
205
199
Total Annual Payroll
$7,811,311
$7,811,311
$7,432,068
Payroll Under Assumed Ret. Age
7,811,311
7,811,311
7,432,068
Annual Rate of Payments to:
Service Retirees
1,858,284
1,858,284
1,696,387
DROP Retirees
604,396
604,396
597,672
Beneficiaries
12,218
12,218
12,218
Disability Retirees
181,068
181,068
181,068
Terminated Vested
186,890
186,890
186,890
B. Assets
Actuarial Value (AVA)50,166,070 50,166,070 46,264,915
Market Value (MVA)' 50,652,631 50,652,631 45,408,536
C. Liabilities
Present Value of Benefits
Actives
Retirement Benefits
34,402,296
33,454,425
31,591,643
Disability Benefits
1,843,783
1,807,159
1,705,202
Death Benefits
228,963
481,105
453,060
Vested Benefits
598,014
589,028
597,775
Refund of Contributions
63,850
63,654
53,882
Service Retirees
20,548,836
20,457,202
18,890,574
DROP Retirees'
9,005,414
8,969,376
8,570,467
Beneficiaries
42,272
42,236
50,925
Disability Retirees
1,963,467
1,954,861
1,972,653
Terminated Vested
1,260,165
1,251,549
1,170,027
Share Plan Balances'
252,169
252,169
193,674
Total
70,209,229
69,322,764
65,249,882
New Assump Old Assump
C. Liabilities - (Continued) 10/1/2017 10/1/2017 10/1/2016
Present Value of Future Salaries 64,710,504 64,012,030 61,215,034
Present Value of Future
Member Contributions
5,176,840
5,120,962
4,897,203
Normal Cost (Retirement)
1,356,741
1,310,174
1,241,828
Normal Cost (Disability)
122,517
120,445
112,412
Normal Cost (Death)
12,554
25,663
24,476
Normal Cost (Vesting)
61,935
61,029
61,754
Normal Cost (Refunds)
16,368
16,339
14,407
Total Normal Cost
1,570,115
1,533,650
1,454,877
Present Value of Future
Normal Costs
12,430,374
12,007,148
11,462,922
Accrued Liability (Retirement)
23,400,924
22,945,876
21,572,520
Accrued Liability (Disability)
918,629
907,500
844,784
Accrued Liability (Death)
133,298
283,206
263,477
Accrued Liability (Vesting)
240,960
238,917
246,169
Accrued Liability (Refunds)
12,721
12,724
11,690
Accrued Liability (Inactives)
32,820,154
32,675,224
30,654,646
Share Plan Balances'
252,169
252,169
193,674
Total Actuarial Accrued Liability (EAN AL)
57,778,855
57,315,616
53,786,960
Unfunded Actuarial Accrued
Liability (UAAL)
7,612,785
7,149,546
7,522,045
Funded Ratio (AVA / EAN AL)
86.8%
87.5%
86.0%
D. Actuarial Present Value of New Assump Old Assump
Accrued Benefits 10/1/2017 10/1/2017 10/1/2016
Vested Accrued Benefits
Inactives + Share Plan Balances '
33,072,323
32,927,393
30,848,320
Actives
9,391,340
9,266,070
9,091,092
Member Contributions
4,816,997
4,816,997
4,522,330
Total
47,280,660
47,010,460
44,461,742
Non -vested Accrued Benefits
2,766,862
2,688,467
2,309,793
Total Present Value
Accrued Benefits (PVAB)
50,047,522
49,698,927
46,771,535
Funded Ratio (MVA / PVAB)
101.2%
101.9%
97.1 %
Increase (Decrease) in Present Value of
Accrued Benefits Attributable to:
Plan Amendments 0 0
Assumption Changes 348,595 0
New Accrued Benefits 0 1,870,128
Benefits Paid 0 (2,559,339)
Interest 0 3,616,603
Other 0 0
Total 348,595- 2,927,392
New Assump
Old Assump
Valuation Date
10/1/2017
10/1/2017
10/1/2016
Applicable to Fiscal Year Ending
9/30/2019
9/30/2019
9/30/2018
E. Pension Cost
Normal Cost (with interest)
% of Total Annual Payroll z
20.89
20.41
20.35
Administrative Expenses (with interest)
% of Total Annual Payroll 2
1.07
1.07
1.40
Payment Required to Amortize
Unfunded Actuarial Accrued
Liability over 25 years
(as of 10/1/2017, with interest)
% of Total Annual Payroll z
23.25
22.80
21.50
Total Required Contribution
% of Total Annual Payroll ?
45.21
44.28
43.25
Expected Member Contributions
% of Total Annual Payroll 2
8.00
8.00
8.00
Expected City and State Contribution
% of Total Annual Payroll z
37.21
36.28
35.25
F. Past Contributions
Plan Years Ending:
9/30/2017
City and State Requirement
2,235,309
Actual Contributions Made:
Members (excluding buyback)
601,901
City
1,802,906
State
432,404
Total
2,837,211
G. Net Actuarial (Gain)/Loss
399,059
' The asset values and liabilities include accumulated DROP and Share Plan
Balances as of
9/30/2017 and 9/30/2016.
Z Contributions developed as of 10/1/2017 are
expressed as a percentage
of total
annual payroll at 10/1/2017 of $7,811,311.
Collective Bargaining Agreement
Between
Florida Police Benevolent Association, Inc.
and the
The City of Ocoee
A Municipality of the State of Florida
d
Officer's & Corporal's Contract
October 1st, 2022 to September 30th, 2025
TABLE OF CONTENTS
Article 1- Recognition and Intent........................................................................... 3
Article 2 — Declaration of Principles........................................................................ 4
Article 3 — Union Security and Check -Off. ................................................................. 4
Article 4 — Union Business and Services.................................................................... 6
Article 5 — Managements Rights.................................................................................9
Article 6 — Grievance and Arbitration........................................................................11
Article7 — Transfers....................................................................................................17
Article8 — Voting....................................................................................................... 20
Article 9 — Union/Management Meetings..................................................................20
Article10 — Insurance................................................................................................. 20
Article11 — Strikes.......................................................................................................21
Article12 — Holidays...................................................................................................
21
Article13 — Paid Time Off...........................................................................................
23
Article 14 — Hours of Work and Work Schedule........................................................
25
Article 15 — Alternative Duty......................................................................................
28
Article16 — Wages......................................................................................................
29
Article 17 — Uniforms and Equipment........................................................................33
Article 18 — Probationary Period................................................................................
34
Article 19 — Continuous Employment (Seniority)......................................................35
Article20 — Safety and Health...................................................................................
38
Article 21— Working Out of Classification.................................................................
43
Article 22 — Miscellaneous..........................................................................................43
Article 23 — Extra -Duty Employment.........................................................................45
Article24 — Education................................................................................................
46
Article25 — Pension....................................................................................................
46
Article 26 — Sergeant Promotion................................................................................
48
Article27 — VEBA.......................................................................................................
48
Article28 — Duration..................................................................................................
49
Article 29 — Corporal's Rank.......................................................................................49
SignaturePage.............................................................................................................52
AppendixA..................................................................................................................
53
AppendixB..................................................................................................................
55
AppendixC..................................................................................................................
56
ARTICLE is
RECOGNITION AND INTENT
Section 1.1: Parties
This Agreement (hereinafter "Agreement," "CBA" or "Contract") is entered into by and
between the City of Ocoee (hereinafter, "Employer") and the Florida Police Benevolent
Association, Inc. (hereinafter, the "PBA' or "Union").
Section 1.2: Recognition
A. The City hereby recognizes the Union as the exclusive bargaining
representative for all employees in the units certified by the Public Employees Relations
Commission certification in Case No. RC1674 or "Unit A" or, City of Ocoee Police
Department's "Corporals and Officers."
B. The bargaining unit excludes the Chief of Police, Deputy Chiefs, Captains,
Lieutenants and all other employees unless specifically included in the bargaining units
certified by PERC, as well as the following positions:
i. All sworn exempt staff assistants, regardless of rank, assigned to the
administration of the Professional Standards Division
ii. All General employees assigned to the Police Department
iii. All sergeants assigned to the Professional Standards Division
Section 1.3: Entire Agreement
This Agreement which becomes effective October 1, 2022, constitutes the entire
Agreement and understanding between the parties and, subject to applicable law, shall
not be modified, altered, changed or amended in any respect except on mutual agreement
set forth in writing and signed by authorized representatives of both parties, and
supersedes any and all previous agreements and understandings between the parties,
either written or orally.
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Section 1.4: Effect of Laws and Ordinances
In the event that any of the provisions of this Agreement shall be held in violation of any
federal or state law as applied to this specific Agreement, such determinations shall not
in any way affect the remaining provisions of this Agreement, unless otherwise provided
by law.
ARTICLE 2:
DECLARATION OF PRINCIPLES
Section 2.1: Non -Discrimination
Neither the Union nor the City shall illegally discriminate against any employee on the
basis of race, color, religion, age, gender, legally recognized disability, political affiliation,
national origin, for any reason prohibited under Florida Statutes or any Federal law, or
Union membership or non -membership. The use in this Agreement of the designation
"he" in referring to any employee shall mean "he" or "she" wherever used. Claims or
grievances related to discrimination shall be handled per ser section 3.02 of the Personnel
Rules and Regulations.
ARTICLE 3:
UNION SECURITY AND CHECKOFF
Section.,id: Dues
The Employer will deduct bi-weekly Union dues from the paychecks of those Unit
employees who authorize such deduction in writing in the manner allowed by law.
Deductions will begin the second pay period after the Employer receives such written
authorization. No deduction shall be allowed for payment of initiation fees, assessment
or fines.
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Section 3.2: Amount
The Union will notify the City Human Resources Director (hereinafter "HRD") as to the
amount of dues. This notice must state the biweekly amount in dollars and cents for each
individual member. The City shall charge the deduction as soon as practically consistent
with its normal bookkeeping procedures, but no less than thirty days after the change is
certified to the HRD, so long as the certification is legally sufficient.
Section 3.3: Remittance
With written instructions provided by the Union and a written authorization from the
employee acceptable to the City, the City will direct deposit Union members' dues to the
Union's account. Direct deposits will cease upon written notice, next payroll following
written notice from the employee of same.
Section 3.4: Recourse
If there is an amount deducted in excess of what is authorized by the employee, the City
will reimburse the employee provided a timely grievance is filed if the excess deduction
was made as a result of a mistake by the City; otherwise, the employee shall have recourse
only against the Union.
Section 3r;: Minimum Pay
No deduction shall be made from the pay of any payroll period in which the employee's
net earnings for that payroll period, after other authorized or legally required deductions,
are less than the amount of dues to be checked off.
Section 3.6: Withdrawal
Any member can stop payroll deduction by giving written notice to the Public Employer
and the Union. The Employer shall stop the deductions thirty (3o) days after receipt of
written notice from the employee.
Section 3.7: Indemnity
The Union will indemnify, defend, and hold the City harmless against any and all claims,
demands, or suits or other forms of liability that shall arise out of, or by reason of action
taken or not taken by the City on account of payroll deductions of Union dues.
ARTICLE 4:
UNION BUSINESS AND SERVICES
Section 4J: Representation and Notice
The Union shall be represented by its designated officials. The Union shall notify the HRD
in writing of the names of its PBA representatives, as well as any designated substitute to
serve as the Union representative. The City is not required to deal with any employee as
a representative of the Union except its designated official's.
Section 4.2: Activities
A. The PBA representatives, or his designee, shall carry out their activities in
behalf of the Union, including investigating or settling grievances, during their non-
working hours unless they obtain prior permission from the Chief, or his designee, so long
as there is no interference with the work activities of the employee or the mission of the
Department. When the PBA representative, or his designee, is engaging in such activities
while on duty, there shall be no loss of pay. When the PBA representative, or his designee,
is engaging in such activities when they are off duty, they shall not be entitled to pay.
B. The PBA representative, or his designee, shall be allowed to communicate
official Union business to members in non -work areas during non -working time so long
as it does not interfere with Departmental operation as determined by the Chief.
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Section 4.1 Time
It is expected that the investigation and processing of grievances, by the PBA
representative, or his designee, to the extent that the time of unit employees is required,
will occur during both on duty and off -duty of those involved; if on duty shall be paid their
normal rate of pay.
Section 4.4: Visitation
The Chief, or his designee, shall permit one authorized non -employee Agent of the Union
access to the Police Department to handle grievances arising under this Agreement. The
Agent designed to have access to the Department shall first obtain the permission from
the Chief, or his designee, which will normally be the ranking officer on duty at the station
at the time, before coming into any working area, and may, at the option of the Chief, or
his designee, be accompanied by a managerial employee in the event the Union agent
needs to visit a particular area of a station. The Agent will not in any way interfere with
the work of employees or the operations of the Department. If, during a visit, the Agent
wishes to have a private conversation with an employee, the Chief, or his designee, will
allow the same consistent with his determination of operational needs and will designate
the place the conversation with occur.
Section 4-5: Solicitation and Distribution
Except as modified by this Agreement, the Union, its members, agents, representatives
and all persons acting on its behalf, including the Employer's employees covered by this
Agreement, are strictly prohibited by law and this Agreement from soliciting any of the
Employer's employees, for Union purposes, during the work time of, any employee
involved, and from distributing Union literature in any work area at any time. It is
understood and agreed that any employee who violates either of these prohibitions is
subject to discipline. ("Work time" is any time, exclusive of breaks or mealtime during the
hours of ashift.)
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Section 4.6: Time -Off Without Loss of Pay
With respect to disciplinary proceedings under the City Personnel Rules and Regulations
(hereinafter "PRR') or this Agreement, bargaining unit employees who participate in such
proceeding, including an employee representative of the employee, if any, shall be treated
the same as all other City employees with respect to time off and pay. With respect to
contract negotiations between the Union and the City, the three (3) Union
Representatives shall not lose any pay for the work hours spent participating in such
contract negotiations.
Section 4-7: Bulletin Boards
The Employer agrees to set aside space for a bulletin board (not to exceed 30" by 24") to
be provided by the Union for its use in informing its membership as to official Union
business. It is however, agreed and understood that materials to be posted and emails
regarding official Union business, if such materials are derogatory, abrasive, abusive, or
critical about any person, or City policy, practice, employees or officials are intemperate
in language and/or are not related to legitimate Union business, or which are factually
inaccurate, will be removed. The bulletin board may not be used for any political purpose
or to support or oppose any political candidate or issue; provided however, it may be used
for internal elections held by the Union among its membership. At the Chief s discretion,
the Union may use the City E-Mail system to communicate with the Members, only after
the Chief has reviewed and approved the same in advance.
Section 4.8: Information
A. The Human Resources Department shall provide the Union a copy of the
names, and salary of bargaining unit members, upon written request by the Union, but
not more often than twice a year.
B. The City shall furnish the Union office a copy of all current or
subsequently amended written SOPS, GOs, City PRR and other rules, regulations and
policies applicable to bargaining unit employees.
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C. The City shall provide the Union with anticipated adjustments,
amendments to, amendments of, and proposed new regulations concerning any and all
matters stipulated in subsection B above, in order that the Union may give comment
and/or recommendations on the subject within fourteen (14) calendar days from the date
received. Failure to respond in fourteen (14) calendar days shall be considered as non -
contested. Any impact on wage, hours or terms and conditions of employment shall be
the subject of bargaining prior to implementation.
D. The City shall make available to all members of the bargaining unit all City
PRRs, GOs, SOPS and any and all other rules applicable to the unit members.
Section 4.9: Contract Review
Within twenty-one (21) calendar days from the ratification and approval of this
Agreement, the City and PBA will conduct j ointly, meetings with bargaining unit members
as well as those employees designated by the City. The expressed purpose of the meetings
is to review in detail the provisions contained in this Agreement and to answer relevant
questions concerning labor-management issues.
ARTICLE 5:
MANAGEMENT RIGHTS
Section 5.1: Functions of Management
Excepted as provided bylaw, including Chapter 447, Part II, Florida State Statutes, it is the
function of management to determine and direct the policies, mode and method of
providing its services.
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Section 5.2: Operations and Direction of Work Force
The City shall continue to exercise the exclusive right to take any action it deems necessary
or appropriate in the management of its operations and the direction of its work force. The
City expressly reserves all rights, powers and authority customarily exercised by
management, and functions which the City has not expressly modified or delegated by
express provisions of this Agreement.
Section 5.3: Examples of Management Rights
The Union and the employees covered under this Agreement recognize and agree that the
City has the sole and exclusive right except as specifically provided for in this Agreement,
to manage and direct any and all of its operations.
Section 5.4: Rules and Regulations
To the extent that the same are not in conflict with this Agreement, Ordinances of the City
of Ocoee, rules and regulations of the City and the Department, and Personnel Rules and
Regulations (PRR), General Orders and SOPs of the Ocoee Police Department shall be
implemented by the City of Ocoee, Florida.
Section s.s: Grievances and Impact Bargaining
A. The exercise of such rights shall not preclude employees or their
representatives from raising grievances, if decisions on the above matters are alleged to
violate the terms and conditions of the Agreement.
B. However, unless this CBA provides otherwise, the Union retains its right
to negotiate over the impact of such actions to the extent that such actions impact wages,
hours, or terms and conditions of employment, and the law requires the City to engage in
impact bargaining.
Section 5.6: Waiver
The City's failure to exercise any function or right hereby reserved to it, or its exercising
any function or right in a particular way, shall not be deemed a waiver of this right to
exercise such function or right, nor preclude the City from exercising the same in some
other way not in conflict with the express provisions of this Agreement.
Section -5-7: Emergencies
If, in the sole discretion of the City Manager, it is determined that a civil emergency
condition exists, including but not limited to riots, civil disorders, hurricane conditions
or other catastrophes, the provisions of this Agreement may be suspended by the City
Manager during the time of the declared emergency, except for monetaryprovisions.
Section s.& Job Duties
It is understood by the parties that every incidental duty connected with operations
enumerated in job descriptions is not always specifically described and employees, at the
discretion of management, may be required to perform other duties not specifically
contained in their job description and in accordance with the Police Department mission.
Unit members shall perform work as assigned by the Chief or his designee.
ARTICLE 6:
GRIEVANCE AND ARBITRATION
Section 6.1: Grievance
A grievance is' defined as a difference between the City and any bargaining unit member
or the Union involving an alleged violation or misapplication of a specific provision of this
Agreement. When an Article or Section in this contract references or incorporates the City
Personnel Rules and Regulations (PRR) a claimed violation, misapplication or
misinterpretation of the PRR shall be subject to this Article. The parties agree that
bargaining unit members will be disciplined for just cause only.
Section 6.2: Grievance Procedure
Whenever a grievance as specified in Section 6.1 arises between the City and the unit
members or the Union, the matter will be handled in accordance with the following
procedure. The term "days" as used in this Article shall refer to calendardays.
Informal Procedure:
Within five (5) days after the act or occurrence which gives rise to the grievance, or the
unit member knew or should have known of such act or occurrence, whichever first
occurs, the unit member may meet to discuss the grievance with the unit member's
immediate supervisor in an attempt to resolve same.
Step 1: If the grievance is not settled in the informal procedure, noted above, or if
the grievant decides to proceed with a formal grievance, the grievance must be
reduced to writing and signed by the unit member, within seven (7) days after the
occurrence which gave rise to the grievance, or the unit member knew or should
have known of such act or occurrence, and presented to the unit member's
lieutenant.
The written grievance must include:
a. A statement of grievance and a summary of the facts on which the grievance
is based.
b. The remedy requested.
A copy of the grievance form is hereby adopted and placed in the appendices.
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The lieutenant, will respond in writing within seven (7) days after receipt of the
grievance.
Step 2: If the grievance is not settled in Step 1, within seven (7) days of receipt of
the lieutenant's response in Step 1, the grievant or Union may file the grievance,
with the Chief of Police. Within seven (7) days of delivery of the written Step 2
grievance, the Chief of Police, or his designee, shall meet to discuss the grievance
with the grievant and/or Union representative. The Chief or his designee shall
respond in writing within seven (7) calendar days after the meeting.
Step 3: If the grievance is not resolved in Step 2, the grievant may file the grievance
with the City Manager within seven (7) days after receipt of the Step 2 response.
The City Manager, or Assistant City Manager (ACM), or Human Resources
Director (HRD) shall hold a meeting with the grievant and Union to discuss the
grievance within seven (7) days after receipt of the grievance. The City Manager,
DCM or HRD shall respond, in writing, within seven (7) days after the meeting.
1. Failure of the City to respond at any step the grievant to proceed to the next
step within the time limits just as if the City had denied the grievance in
writing on the lastday an answer was due. The unit member grievant shall
be entitled to be present at any meeting held under Step 2 or Step 3.
2. When bringing a grievance in its name, the Union may file at either Step 2
or Step 3 depending on the circumstances surrounding the grievance.
3. When denying a grievance, in whole or in part, management's response
shall contain the specific reason(s) for denial. Generic denials such as, "the
grievance has no merit" or "the grievance is denied," shall not be sufficient.
All grievance responses originating at Steps 2 and 3, shall be forwarded to
the grievant and the Union.
4. All grievances for disciplinary matters involving unpaid suspension,
demotion or termination may be appealed through the grievance process.
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Section 6.3: Arbitration
If the grievance is not resolved through above steps, the grievance may be submitted to
binding arbitration by the Union. Arbitration proceedings must be initiated by serving of
a written request for arbitration by the Union within twenty (20) days after the City
Manager's response. Submission to the arbitrator shall be based exclusively on the written
grievance as submitted in Steps 1, 2 and 3 of the grievance procedure.
The arbitrator selected shall decide the dispute by using the preponderance of evidence
standard and such decision shall be final and binding on the parties. The expenses of the
arbitrator shall be borne equally by the parties; and, each party shall be responsible for
its own attorneys' fees, any court reporting services it wishes to use, and the wages of unit
members, whether they be witnesses, potential witnesses, representatives, or grievant, it
utilizes in any arbitration proceeding. However, it is agreed, that should unit members be
on duty during the procedure, the unit members shall suffer no loss of pay or benefits.
The jurisdiction of the arbitrator is limited and confined to determining whether there
has been a violation of the express terms of this Agreement. The arbitrator shall in no way
alter, amend, or modify the terms of this Agreement. The time limits may be extended in
writing by mutual consent of the parties.
A. Within twenty (20) calendar days from receipt of the notice of the intent
to invoke arbitration, the Union shall request a list of seven (7) arbitrators from the
Federal Mediation and Conciliation Service, all of whom must reside in the State of
Florida. The Union shall supply the City with a copy of the list of arbitrators. The Union
and the City will alternately eliminate one at a time from said list of names of persons
until only one remains, and that person will be the arbitrator. The City and the Union will
alternate in the right to first strike names in successive arbitrations.
B. As promptly as possible after the arbitrator has been selected, he should
conduct a hearing between the parties and consider the grievance. The decision of the
arbitrator will be served upon the unit member(s) aggrieved, the City and the Union in
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writing. It shall be the obligation of the arbitrator to make his best effort to rule within
twenty-one (21) business days after the hearing.
Section 6.4: Grievances by Non -Union Member
When the Union refuses to process a grievance for a unit member because of the unit
member's non -membership in the Union, the unit member shall have the right to process
a grievance under this Agreement, but cannot require arbitration of the grievance unless
the law requires otherwise, in which event, the unit member shall have all the rights and
assume all the burdens, limitations and obligations, including financial obligations, of the
Union under this Article and any other Article that may apply to his grievance. The unit
member will not be entitled to any other grievance process.
Section 6.6: General
A. Each grievance shall be arbitrated in a separate proceeding unless the
parties mutually agree otherwise.
B. The filing of a grievance shall in no way interfere with the right of the City
to proceed to carry out its management responsibilities, subject to the final resolution of
the grievance, except terminations.
C. In the event of a sustained disciplinary action involving a suspension
[without pay], the unit member may utilize available personal leave (PTO) in lieu of a non-
working unpaid suspension. PTO may only be used to suspend one-half of the total
suspension awarded.
D. Except for termination, no discipline shall be served until the unit
member has exhausted his administrative appeals as set forth in this Article.
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Section 6.6: Time Off/Pgy
Step 1 of the grievance procedure shall be carried out during the unit member's work
hours at a time and place designated by the Chief based on operational needs, and the unit
member shall lose no pay. The City shall determine when Steps 2, and 3 shall be
processed, within the time frames established herein, and if the Step or Steps, including
Arbitration, are processed during their scheduled working hours, neither the Union
Representatives nor the grievant shall lose pay. Unit member witnesses, other than
grievant, whom the City Manager may at his option choose to interview shall lose no pay
if interviewed during their working hours, and if interviewed after or before such hours,
shall be paid for such time as if they were performing other work for the City. Otherwise,
the City shall not be responsible to pay any.unit member representative, officer or agent
of the Union for any time spent processing grievance matters, but will allow one such
person plus the grievant per grievance reasonable time off without pay for said activities
upon reasonable prior notice if in management's opinion work requirements will allow
such absence.
Section 6.7: Discipline Dispute Resolution Process - (DDRP)
In cases involving alleged policy violations in an administrative investigation, which may
lead to discipline, a unit member may request one discipline dispute resolution meeting
(DDRM) at any time prior to the member providing a statement to the internal affairs
investigator. The meeting shall be held with the member's Lieutenant, Human Resources
Director and include the member, member's representative and/or counsel.
The purpose of the meeting will be to discuss potential discipline and/or administrative
charges to determine if a consensus resolution can be reached on the appropriate
charge(s) and discipline, if any.
If the parties reach a consensus, that consensus shall be reduced to writing by the
Lieutenant and implemented. The investigation and grievance process shall be
considered as complete. Should the parties not agree on a resolution, the matter will
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progress as if no meeting had been held. Nothing discussed at the meeting shall be held
against the employee if a resolution is not implemented.
The PBA shall be notified of any final resolution in all such cases handled by the DDRP.
If the PBA is not represented at any such DDRM, then the decision will not be precedent
setting.
Section 6.8 Verbal Warnings
Verbal warnings shall not be documented in Blue Team or any other public record
documents.
Section 6.9: Vehicle Crashes
The parties agree that vehicle crash discipline will follow the safety matrix as long as there
are no other policy violations associated with the crash. If a policy violation is present,
the event will follow the discipline structure not the safety matrix.
The parties agree that a single crash (event) must be either assigned to the discipline
structure or the safety matrix but cannot be applied to both.
ARTICLE 7:
TRANSFERS
Section 7.1: Special Unit
Special Unit assignments shall be handled as provided in the General Order and this
Article. Special Unit assignments are assignments other than a Patrol Division
assignment.
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Unit members in Special Unit assignments, who wish to return to Patrol on the normal
shift rotation in January, shall submit a notification via the chain of command, no later
than October 31, and shall participate in the Patrol Bidding (Section 7.2).
Section 7.2: Patrol Bidding Process
Unit members shall have the opportunity each November 1 through le to bid on shifts,
times and days off. Unit members shall select the shift, times and days off and be awarded
their preferences based on seniority. The final bid list shall be posted by December 15 and
the new assignments shall take effect the beginning of the second pay period in January. K-
9 officers shall participate in the shift bid process, however no more than one (1) K-9
officer shall be assigned to a single squad.
Section 7-2: Patrol Vacancies
When a vacancy as determined by the Chief, occurs in any patrol unit, the Police
Department shall post the vacancy for a period of ten (1o) calendar days. Any bargaining
unit member shall have the right to bid on the vacancy. Selection shall be made based on
seniority. Notification shall be given as to the successful bidder as well as to all other
bidders. Transfers shall be made within thirty (30) calendars days from when notification
has been given.
Section 7.4: Other Vacancies
When a vacancy as determined by the Chief, occurs other than in Patrol, the Police
Department shall post the vacancy for a period of ten (1o) calendar days. The notice
vacancy shall list the qualifications necessary to fulfill the job vacancy. When making a
selection, management will consider the candidate's past disciplinary record,
performance reviews, years of service with OPD. An Oral Board interview may be
conducted. If a Board is convened, all qualified candidates for the posted position shall be
interviewed and rated on the same questions. There shall be one unit member selected by
the PBA, to be an observer on each oral review board. Selection shall be made based on
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the point system outlined in the General Order. The Chief shall select among the two (2)
candidates with the highest overall scores. In the event of a tie, the candidate with the
highest seniority shall be selected.
Transfers shall be made within thirty (30) calendars days from when notification has been
given.
7.4.1 When posting for a vacancy for a specialty unit, the Police Department shall
include the normal work schedule and days off for the position. It is understood that in
some of the specialty units, start and end times for work and days off may deviate from
the normal schedule due to the nature of the unit. Whenever possible, unit members shall
be given advance notice of the schedule changes at least seven (7) days prior to the
effective change. These changes shall be of a temporary nature.
7.4.2 Members selected for a specialty unit agree that selection is predicated on
remaining in the unit for a minimum of two (2) years. Unit members may request from
the Chief to move to another vacancy outside the unit prior to two (2) years.
7.5 Voluntary Work Schedule Swaps
Unit members, of like ranks, may voluntarily request a swap in work schedules via a
written request thru their chain -of -command. The request must include current work
assignments and a statement that the request is voluntary on behalf of both members.
The reason(s) for the request shall be included.
Work schedule swaps shall only apply to those members who work in the Patrol Division
and shall only be granted one time per calendar year per unit member.
Approval by management must be obtained for the request and if so granted, shall
schedule the unit members to change work schedules within the same pay period. The
member agreeing to swap will not be eligible to use PTO on the swap date.
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ARTICLE 8:
VOTING
Unit members, who are on duty on an election day, will be allowed to take time off without
loss of pay to vote on City Property or at other polling places within the City. The time
they take off to vote will be determined by the Chief. All other unit members shall vote on
their own time — by absentee ballot or as otherwise permitted by law; provided, if a
member who is not scheduled to work on an election day whose voting precinct is not in
the City of Ocoee is called into work so that he cannot vote on his own time, the Chief shall
make operational arrangements for the member to vote without loss of pay.
ARTICLE 9:
UNION / MANAGEMENT MEETINGS
The City and the Union shall meet and confer on matters of mutual interest upon the
request of either but not more often than once a quarter, unless both parties agree to meet
more often. Such special meetings shall be held on a date and at a time and place mutually
agreeable to the parties. Meetings held under this Section shall not be considered
collective bargaining under the Public Employees Relations Act. Issues related to
grievances shall not be discussed. The Human Resources Director shall be responsible to
coordinate these meetings with the Union Representative.
ARTICLE io:
INSURANCE
During the life of this Agreement, the City shall provide the same health, medical, dental,
and short/long term disability insurance under the same terms and conditions for
bargaining unit members and their dependents that it provides for the City's non -
bargaining unit, non-exempt employees and their dependents. Effective October 1, 2022,
the insurance premiums for unit members shall be based on the City's October 1, 2022
rates. In the event the City proposes to increase co -pays, deductibles, out-of-pocket
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maximums, or premiums above the rates or levels in place for Fiscal Year 2022-2025, the
City shall give notice of the increases to the Union no less than thirty (30) calendar days
prior to the implementation of the new rates or levels. Upon notice, the Union may
demand bargaining over the changes provided the demand is presented to the City within
fourteen (14) days of the notice. Should the Union fail to demand bargaining within
fourteen (14) days, the Union will be deemed to have waived its right to bargain over the
changes. If negotiations commence and no agreement is reached, the parties shall submit
their positions directly to the City Council for final resolution.
ARTICLE 11:
STRIKES
The Union and bargaining unit members shall not promote, sponsor, engage in, or
condone any work stoppage, boycott, slow -down, strike, disruption of City operations, or
other withholding of limitation of services for any reasons and shall abide with F.S.
§447.505•
ARTICLE 12:
HOLIDAYS
Section 12.1: Days Observed
A. For bargaining unit members, not on a 24/7 shift, and especially who
work a Monday thru Friday schedule, when a holiday falls on Saturday or Sunday, the
Friday preceding or Monday following shall be designated a substitute holiday and
observed as the official holiday.
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B. The observed holidays are:
January 1
January — Third Monday
May — Last Monday
July 4
September — First Monday
New Year's Day (Day Shift Only)
Martin Luther King, Jr. Day
Memorial Day
Independence Day
Labor Day
November — Fourth Thursday Thanksgiving Day
November — Fourth Friday Day after Thanksgiving
December 24
December 25
December 31
Section 12.2: Eligibility for Holiday Pay
Christmas Eve
Christmas Day
New Year's Eve (Night Shift Only)
A. All holiday earned must be taken as time off or paid on the same day that it
is earned.
B. A unit member must be on a regularly scheduled day off, on approved leave,
or work the normal schedule of hours, on the calendar day immediately prior to and
immediately following a holiday, in order to qualify for the holiday time or pay. Absences
not approved in advance, including sick call in" may not be approved depending on
whether the employee" excuse and verification of the reason for the absence are
acceptable to management, which, may at its option, require a doctor's excuse as well as
any other evidence it deemsnecessary.
C. When a unit member is scheduled to work on a holiday but fails to do so,
the member will not receive holiday pay even if the member is otherwise eligible for
holiday pay, unless the unit member is placed onapproved leave.
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Section12.g: Holiday Pay
Full-time members shall receive pay or compensatory time for the number of hours
regularly scheduled at their straight time hourly rate. The members shall designate on
their time sheets what method they wantpaid.
Section12.4: Pay for Work on Holiday
When a member's shift begins a scheduled holiday, they shall be paid their regular rate of
pay and in addition receive one and one-half time their regular rate of pay for all
scheduled hours worked during the holiday.
Section 12. 5: Floating Holiday
On October 1 of each year of this Agreement all bargaining unit members shall receive
twenty-four (24) hours added to their paid time off accrual. These additional hours are to
be scheduled and used as all other paid time off hours.
ARTICLE 13:
PAID TIME OFF
Section 13.1: Eligibility
A. Only full-time unit members and full-time probationary members will be
allowed to accrue paid time off (PTO) leave.
B. Full-time probationary members shall accrue paid time off leave during
their initial probationary period, but accrued leave is not earned until successful
completion of their probationary period. During the initial six (6) months of employment,
they may not take accrued paid time off leave unless authorized by the City Manager.
Accrued paid time off leave not taken by a full-time probationary member is not earned
and shall not be paid upon termination ofemployment.
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Section 13.2: Accrual of Leave — PTO.
A. Full-time unit members earn Paid Time Off (PTO) leave asfollows:
One through five years of service.- 176.28 hours
Six through ten years of service - 216.o6 hours
Eleven years YOS - 256.10 hours
B. All full-time bargaining unit members paid time off hours shall continue to
accrue beyond the 58o hours each year, however, accrual above 58o hours on September
30 shall be reimbursed to the bargaining unit member in the first pay period in December
of each calendar year up to a maximum of 8o hours. Therefore, any hours accrued over
66o on September 30 will be deducted from the employee.
Section 13.3: Charging Leave
PTO leave time for members will be charged at hour for hour of the time taken off from
the member's shift.
Section 13,4: Leave Bank Pool
The City shall establish a Leave Bank Pool, which the members may access.
Section 1g_s: PTO Approval & Unscheduled PTO Usage
1. An unscheduled PTO usage is defined as an "event or occurrence." PTO usage
during consecutive work days will be considered one event or occurrence.
2. Bargaining unit members will be allowed a maximum of three (3) unscheduled
PTO events per calendar year before discipline may be implemented.
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Section 13.6: Paid Time Off Leave - Priority
1. When more than one (1) bargaining unit member of the same rank seeks to use
paid time off for the same period and is in the same squad or section, the member
with the most seniority (PDCE) will be given preference.
ARTICLE 14:
HOURS OF WORK AND WORK SCHEDULE
Section 14_1: Basic Work Schedule
A. The basic work schedule for Detectives shall be the established work
schedule as of September 1, 2011.
B. The basic work schedule for the Patrol Division shall be a modified twelve
(12) hour shift that consists of six (6) 12-hour days and one (1) eight (8) hour day worked
within a fourteen (14) day work period. Unit members shall select their preferences in
accordance with Article 19. Those members, not in patrol shall be allowed to bid on the
schedule.
C. The day shift shall be set by the City and not to start before 5:3o am.
D. The Department may temporarily change a unit members schedule based
on legitimate operational necessity. Such temporary change shall be no more than twenty-
eight (28) days in duration. The Department will provide the affected members with thirty
(30) days written notice in advance of the temporary change, unless thirty (30) days'
notice is not possible, in which case the Department will provide the affected members
with as much advance written notice as is possible under the circumstances.
E. Unit members shall enjoy paid meal and breakperiods.
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Section 14.2: Overtime
A. Unit members are to report all hours worked. Unit members should not
begin work before the beginning of their schedule or after the end of their schedule
without permission; however, if they do perform work before or beyond their schedule,
they are to report it as hours worked on their time sheet or record. Overtime will be
authorized or directed by the City and administered according to the provisions of this
Agreement.
B. All unit members shall be paid time and one-half their regular hourly rate
of pay for all hours in excess of 8o hours in a fourteen (14) day work cycle. Unit members
shall have the option to select pay or defer the payment by selecting compensatory time
for overtime ' worked. Any compensatory time in excess of 6o hours, not used by
September 30 of each year shall be paid out.
C. For the purposes of overtime computation, jury duty, annual military leave
and other absences from duty, whether paid or not, shall not be considered as time
worked; provided, however, paid holidays and paid personal leave used for a scheduled
vacation shall be considered.
D. Unit members shall be required to work overtime when assigned unless
excused by supervision. A member desiring to be excused from overtime work
assignments shall submit a request to the immediate supervisor.
E. Flex Time - Flex time shall only be authorized after the unit member and
management reach agreement to do so and is only authorized for a specific period in time
and is not done to preclude the payment of overtime. "Flex time" or "schedule
adjustments" are to be construed to be one and the same as it is applied in this article;
except as provided by 14.1.
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Section 14.3: Assignment of Overtime
Overtime shall be scheduled in accordance with departmental rules, regulations and
directives, and administered in accordance with the provisions of this Agreement. When
overtime is authorized, the most senior qualified unit member; shall be offered the
overtime first and in descending order the next most senior qualified member. Should no
unit member volunteer to work the overtime, the least senior qualified member shall be
assigned to work. In the event that the City forces a member to work overtime, forced
overtime shall be selected in accordance with the seniority article and will be applied to
each calendar day. Once a member is forced to work overtime for any calendar day, the
City shall select another member to work a subsequent day. In the event that the City has
exhausted the entire sworn workforce, the City will return to the least senior member and
repeat the process until all positions are filled.
Section 14.4. Legal Process Time
Unit members, appearing in the legal process in their off -duty hours on behalf of the City,
shall receive a minimum of two (2) hours pay at the rate of time and one-half for legal
appearances. If the time exceeds the minimum two-hour guarantee, unit members shall
be paid at their appropriate rate of pay for all time worked. One appearance shall include
all appearances in a two (2) hour period for pay purposes. If another appearance on the
same date spans beyond the guaranteed two (2) hours, the unit member shall receive an
additional minimum two (2) hours at the overtime rate.
Section 14.5: Standby Duty On -Call Status
A. Standby duty on -call time is defined as periods of time in which the unit
member is ordered or required by the Police Department to be readily accessible by
telephone, paging device or other electronic device and not performing actual work, but
in readiness to perform actual work when the needarises.
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B. Such standby on -call time shall be compensated at the rate of $20.00 per
day, when the member has been scheduled to work within the 24 hours and is now off
work. The rate of $30 per day shall be paid when the member is scheduled off for the day
and the rate of $40 per day for any recognized holiday in which the member is
scheduled off but placed on standby.
ARTICLE 15:
ALTERNATIVE DITTY
Section 16.i: Alternative duty shall be performed within the Ocoee Police Department if
the Chief determines it is available. Light duty availability for personal illness or injury,
shall be determined on a case -by -case basis, normally employees will be required to use
paid time off leave. If the Chief determines it is not available, light duty shall be performed
wherever assigned by the City, especially for work related injuries. The Chief will
determine the length of the light dutyavailability.
Section 15.2: Except as provided herein, Alternative Duty shall be in accordance with OPD
Operational Order 100.1 as issues on January 26, 2012. Said policy shall be amended as
follows:
1. Alternative Duty is generally reserved for those unit members who have a
temporary medical limitation that prevents the member from performing all of the core
functions of his currently assigned law enforcement duties. Temporary limitations shall
be generally considered to be those limitations that a medical provider believes the
member will recover from normally within go consecutive calendar days or less. If
available and depending on the nature of the injury, this provision may be extended upon
agreement.
2. Documentation in support of the Request for Alternative Duty shall include
the medical provider's restriction(s) in laymen's terms. It shall be the City's responsibility
to interpret what job functions the member cando safely.
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3. Members who are working Alternative Duty shall suffer no loss of base pay
or benefits. Members shall work under the conditions of the job that they are placed in
for Alternative Duty. Incentives shall be paid, if the member qualifies for them while
working Alternative Duty.
4. Members denied Alternative Duty or who are currently on Alternative Duty
but the Chief of Police has questioned the ability of the member to be able to perform the
essential job functions of the Alternative Duty position, supported by competent medical
provider(s) stating the current medical limitations of the member, shall be allowed to
access other leave alternatives to include but not be limited to Paid Time Off (PTO),
compensatory time, FMLA, or other authorizedleave.
ARTICLE 16:
WAGES
Section 16.1: Wage Implementation
Effective October 1, 2022, bargaining unit members will be adjusted based on their
completed years of service to meet the Industry Based Competitive Scale as listed in
Appendix B:
• Officers - $47,000.20 to $73,224.74
• Corporals - $49,o80.20 to $75,304.84 (Inclusive of the $1 per hour in the
Corporals article).
Effective October 1, 2023, bargaining unit members will be adjusted based on their
completed years of service to meet the Industry Based Competitive Scale as listed in
Appendix B:
• Officers - $50,000.o8 to $77,898.29
• Corporals - $52,080.o8 to $79,978.34 (Inclusive of the $1 per hour in the
Corporals article).
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Effective October 1, 2024, bargaining unit members will be adjusted based on their
completed years of service to meet the Industry Based Competitive Scale as listed in
Appendix B:
• Officers - $52,000.00 to $81,014.13
• Corporals - $54,080.0o to $83,094.18 (Inclusive of the $1 per hour in the
Corporals article).
It is noted that the Industry Based Competitive Scale shall have a one-time increase of
0.8% and it shall be funded for the duration of this contract only (Fiscal Years 2022-2023,
2023-2024 and 2024-2025) in order to maintain the City's competitiveness in the
recruitment and retention of Police Officers.
The parties agree that the City may increase the starting pay for experienced police
officers (from an agency that has a sworn size of 70% of Ocoee PD budgeted FTEs). The
City may award one year of service with the City of Ocoee in the Industry Based
Competitive Scale for each three (3) complete years of service of previous experience. The
parties agree that a maximum of three (3) years of service may be awarded for previous
service. The parties agree that these members will continue to advance in the Industry
Based Competitive Scale through the duration of this Agreement.
Example — A member is hired with six (6) years of previous experience and the City
awards the members two years of completed service in the Industry Based Competitive
Scale. The member now completes one (1) year of service with the City and the member
will be recognized as having completed three (3) years of service for the purpose of the
Industry Based Competitive Scale.
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Section 16.2: Other Wages
1. Bargaining unit members receiving a longevity check shall continue to
receive the longevity as currently calculated.
2. Bargaining unit members who are at or above the top of the pay range shall
receive an annual lump sum payment of 2% which will not be added to their base salary.
Section 16.g: Shift Differential, Assignment and Incentive Pays
1. Shift Differential for Patrol Division Evening and Night shift shall be $1,600
per year.
Specialty Unit Personnel
2. Detective Incentive shall be $2,80o for undercover and $2,300 for other
Detectives, per year for bargaining unit members assigned as Detectives and their unit
supervisors.
3. K-g Officers shall receive $2,40o assignment pay, to include "dog days."
4. SRO, Community Affairs Officers, Training Officers, Traffic and Motor
Officers, and their immediate Sergeant supervisors shall receive a unit assignment pay of
$1,500 per year. All shift differential, incentive and assignment pays shall be computed to
an hourly rate of pay and calculated into the member's base salary.
5. FTOs shall receive $2.50 per hour whentraining new employees.
6. Officers fluent in speaking Creole, Spanish, Portuguese, and translating
Sign Language shall receive an additional $550 per year. If the bargaining unit member
is a certified translator (from the Court Interpreters Program from the State of Florida),
they shall receive an additional $450 per year. Check shall be separate from normal
payroll check. Once a member become certified and upon submission of certification to
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the City, the City shall reimburse the member for 50 % of the cost of the examination and
recertification fees.
7. If a bargaining unit member is acting in the capacity of a Watch Commander
in Uniform Patrol for more than 50% of their shift or acting in the capacity of a Lieutenant
in a Specialty Unit, then the bargaining unit member shall be paid at the rate of $20 per
shift which will be calculated into the member's base salary.
a. Watch Commander — A "Watch Commander" holds the rank of Lieutenant.
1. If a Lieutenant is unavailable to command their assignment, the
Lieutenant or their supervisor shall provide written documentation, unless exigent
circumstances exist, to the Sergeants and/or Corporals who will be the acting Watch
Commander of the shift during their absence.
2. If a Patrol Lieutenant fails to designate a Watch Commander, it shall
default to the Sergeant on -duty assigned to the Night Shift (1800-o600) Patrol. If there
is not a Night Shift Sergeant on -duty, it shall default to the Sergeant on -duty assigned to
the Evening Shift Patrol. At no time will a Corporal be designated if a Sergeant is working.
If there is no Night or Evening Shift Sergeant on -duty, the Patrol Lieutenant shall
designate an on -duty Corporal as acting Watch Commander.
3. The City shall hold the Watch Commander or acting Watch
Commander accountable for their actions or inactions.
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ARTICLE 17:
UNIFORMS AND EQUIPMENT
Section 17.1: Uniforms
Uniform classes are described in general orders. Unit members shall wear uniforms as
determined by the Chief. When a uniform is required, no other clothing except underwear
shall be worn without permission of the Chief. The City agrees to initially provide four (4)
sets of uniforms to all unit members upon hire. The initial set must include one Class A
(long sleeve shirt and uniform pants) and any combination of Class A, Class C (short
sleeve shirt or embroidered short sleeve shirt and uniform pants) or Class D (polo shirt
and uniform shorts). An initial block training uniform approved by the Chief will be issued
to all members. An outer vest carrier shall also be supplied for bargaining unit members.
For current members, the outer vest carrier shall be supplied at the time at which their
current vest is due to be replaced at the time of expiration. For newly hired members, the
vest carrier shall be supplied at the time of hire.
Class D may be worn from April 15 through November 15 and any other time the Chief
designates. Breathable/mesh black footwear may only be worn with the Class D uniforms.
Section 17.2: Footwear Allowance
The Department shall determine and provide the clothing, shoes and other related items
that make up the uniform. The footwear allowance shall be $125 per year paid to the
vendor upon purchase of approved footwear. Any expense over $125 during the fiscal
year shall be borne by the bargaining unit member.
Section 17.3: Replacement
A. Unit members shall be responsible to maintain in good serviceable
condition the initial issue provided in Section 17.1 above or to obtain replacements from
vendors or supply, if any, designated as acceptable to the City, at no cost to the unit
member. After initial issue, unit members may request replacement uniforms as needed
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not to exceed four (4) in any given fiscal year. Members may request any combination of
sets of uniforms to include Class A, Class C, and Class D. Replacement block training
uniforms will be at the discretion of the Chief.
B. The Chief shall notify unit members if there are acceptable vendors from
whom they may obtain replacements.
Section 17.4: Maintenance
Unit members shall be responsible for repair and maintenance of the uniform and all
items issued to them for their use by the City, and shall come to work in clean, neat and
undamaged clothes, including undamaged uniforms and other clothes.
Section 17-5: Clothing Allowance
Unit members assigned as Detectives on a regular basis shall receive a clothing allowance
in the amount of $i,000 per year at the time of transfer. Unit members shall be issued
and maintain one class A uniform to include one short sleeve shirt and one long sleeve
shirt. Thereafter, subsequent payments will be made in the first full pay period of
December, during the term of this Agreement. All payments under this section shall be
made by separate check.
ARTICLE 18:
PROBATIONARY PERIOD
Section 18.1: Probationary Period
The initial probationary period for new unit members, accumulation of benefits,
continuous service credit, participation in benefits, disciplinary actions and continued
employment for bargaining unit members shall be sixteen (16) months commencing from
the initial date of hire.
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The probationary period for newly promoted unit members shall be six (6) months
commencing from the date of probation.
Any extension of the probationary period shall be either through mutual consent of the
parties or through appropriate documentation relied on by the City to justify the need to
extend the probationary period. Probationary extensions shall not exceed ninety (go)
days.
Section 18.2: Grievances
Unless specifically provided in this Agreement, members who have not successfully
completed at least twelve (12) months of their initial probationary period under Section
18.1 shall not have access to Article 6. A unit member may utilize the grievance procedures
authorized in this Agreement to challenge an extension of the promotional probationary
period.
Section 18.3: Transfers, New Unit Members and Waiving Probation
Any City employee that transfers to the OPD shall be required to:
Meet all pre -employment standards of the OPD. All accrued time off may be carried over.
Transferred employees who do not successfully complete the probationary period as
described in Section 19.1 shall be subject to the lay-off provisions contained in the PRRs.
ARTICLE ig:
CONTINUOUS EMPLOYMENT (SENIORITY)
Section 19.1: Definition
Continuous employment (seniority) shall be as a sworn member of the Ocoee Police
Department ("PDCE") and shall commence from the member's initial date of hire with
the City as a sworn member of the Ocoee Police Department. It shall continue until broken
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as provided in Section 19.3 below. When two or more members start work in the Ocoee
Police Department on the same day, their PDCE shall be based on their position on the
new hire eligibility list.
Rank Seniority — shall commence from the member's initial date of promotion. As a tie
breaker, should two members hold the same rank seniority, the member with the longest
PDCE shall be considered the most senior.
Section 19.2: Benefits
Seniority (PDCE) and Rank Seniority shall be used for the purposes of paid time off leave
and holiday preference, for shift bidding, and layoff and recall, as well as the deciding
factor in any preference all other factors being equal.
Section 19.2: Loss of Continuous Service
PDCE shall be lost upon the happening of one or more of the following events:
A. Resignation.
B. Termination in accordance with the CityPRR.
C. Retirement.
D. Receiving an authorized leave of absence.
E. Lay-off for more than six (6) continuous months.
In addition, PDCE will also be lost if an employee is promoted or is transferred to a
position outside the Ocoee Police Department, but if into another position within the
Ocoee Police Department, the PDCE shall continue to accrue.
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Section ig.4: Layoff and Recall
Layoff and recall shall be in accordance with the below provisions:
A. Layoff
In the event of a layoff for any reason, employees shall be laid off in the inverse
order of their rank seniority and then their seniority (PDCE). All initial probationary
members must be laid off prior to laying off non -probationary members.
B. Recall
Members in layoff status will retain recall rights for twelve (12) months and
shall have preference to work over applicants on eligibility lists. Recall will be made by
certified mail to the last address in the member's record, along with any address on file
with the Union. The member must, within seven (7) calendar days of the certified receipt
date, notify the City of his intention to return to work. Said member must return to work
within thirty (3o) days of receiving the notice.
2. Members shall be called back starting with the most senior member notified
first and then in descending order of seniority thereafter. Members who return from layoff
status shall receive the current rate of pay for the pay grade he held at the time of layoff.
3. No person shall be promoted to Sergeant until all unit members who have
been laid off or who have taken a voluntary demotion (instead of being laid off within the
past 12 months) have been afforded the opportunity to return to their Sergeant rank.
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ARTICLE 2o:
SAFETY, HEALTH & PHYSICAL FITNESS
Section 20.1: Cooperation
The City and the Union will cooperate in the continuing objective of eliminating accidents
and health hazards as well as maintaining the safety of the members covered by this
Agreement.
Section 20.2: Unsafe Equipment
Whenever a member covered by this Agreement feels that a vehicle or other equipment is
unsafe and, therefore, unfit for service because it is a hazard to himself or to the public,
or both, he shall immediately inform his Supervisor. If the Supervisor concurs, the unsafe
vehicle or other equipment shall not be used until it has been inspected and determined
safe. Should the Supervisor not concur, the unit member will abide by the Supervisor's
decision; however, the Supervisor shall document the alleged unsafe condition and
Supervisor's comments in writing and forward it to the Chief of Police via the Chain of
Command. Supervisors shall have the authority to deadline his vehicle or equipment,
should the supervisor deem the equipment unsafe.
Section 20..1: Take -Home Vehicle Policy
A. Unit members shall not be required to use their own private vehicles in the
performance of their regularly assignedduties.
B. The Department shall provide a take-home vehicle for all unit members -in
the bargaining unit hired before October 1, 20o9, as fiscally able, who reside within a
twenty-five (25) mile radius from the City of Ocoee (JPA). Unit members hired after
October 2009 shall be provided a take home vehicle if the member lives within a fifteen
(15) mile radius from the City (JPA). Unit members hired before October 1, 2009 who
move during this Agreement, shall be subject to the fifteen (15) mile restrictions
herein. Take-home vehicles may not be used for personal business use, except for those
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members who reside within the City limits of Ocoee. During this personal use, no family
members (or others) may be transported.
C. Unit members residing more than five (5) to ten (10) miles outside the JPA
will have $30.00 per pay period automatically deducted from their pay, unit members
residing more than ten (10) to fifteen (15) miles outside the JPA will have $40.00 per pay
period automatically deducted from their pay, and unit members residing more than
fifteen (15) miles outside the JPA will have $50.00 per pay automatically deducted from
their pay, except for K-9 handlers, who shall be exempt. These members outside the JPA
will be prohibited to transport family members or any other individuals for personal
reasons in the take home vehicle. This shall not apply to existing members unless they
move. *
D. Distance from the JPA shall be measured "as the crow flies" using
MapQuest, to the unitmember's sub -division or home address, whichever is lesser.
E. Should a vehicle be "dead -lined" for more than two consecutive days, and
the unit member not furnished another City vehicle, no monies shall be deducted from
the members' pay for the duration that the member was not furnished a vehicle, on a pro-
rated basis.
1. Unit members who no longer drive a City owned vehicle to and from work
shall be provided a safe and secure parking facility; secured from the general
public, in which to park their personal owned vehicle (POV).
2. Unit members may voluntarily give up their right to a take-home vehicle.
F. Unit members that have take-home vehicles must show proof, within 90
days of the effective date of the article, that they have insurance coverage for the take-
home vehicles while in their care and use off duty. The unit members' insurance shall be
the primary coverage for the take-home vehicles while in the unit members' care and use
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off duty, with the exception of those members who are in an on -call status, inwhich case
the City's insurance program is primary. Members who reside within the City's JPA limits
shall be exempt from this paragraph.
Section 20.4: Transport
Unit members will not be required to transport persons detained in a vehicle not equipped
with a cage, except in an emergency, and then the transporting officer will be assisted by
another officer.
Section 20.5: Portable Radio
No member shall be permitted to work his tour of duty without having in his possession
an operable portable radio; provided, however, that in Management's discretion, a
member not having an operable portable radio may be reassigned to other duties where a
portable radio is not necessary.
Section 20.6: Firearms Training
Semi-annual firearms training will be provided by the City, to include shotgun, rifle
training with live ammunition. No less than semi-annually, the City shall furnish a box of
ammunition, caliber to be consistent with the duty issued sidearm, for use by the
bargaining unit member to practice on a firearms course in order to maintain sidearm
proficiency.
Section 20.7: Physical Exams
1. The City agrees that each member will receive, unless he objects, an annual
physical examination by a physician designated and paid for by the City, which includes
the following tests:
A. Urinalysis;
B. Blood Pressure;
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C. Blood Chemical Profile (SMAC-24 B1oodTest);
D. Vision Test;
E. Height and Weight Recorded;
F. EKG at rest or Stress EKG (Upon recommendation of the City physician);
G. Chest X-Ray;
H. Nicotine Free Tests.
Every other year, unless more is determined by a physician, in addition to the above
tests, employees will be given Spirometry, T.B., Audiometry and Urinalysis tests.
Scheduling of the physical examination will be on duty and at the discretion of the
Department and results will be sent to the member by the medical provider.
In order to develop a comprehensive disease management program in conjunction with the
member health center and the annual physicals the parties agree to the following:
1. All members shall receive a health risk assessment as part of the annual
physical;
2. All members will be required to participate with the doctor, nurse and
support staff from MyHealth Onsite to address any health -related risks, i.e.:
hypertension, blood sugar, cholesterol, obesity, diabetes, etc.;
3. All members will receive assistance from the programs offered through the
health center including smoking cessation program (at no cost);
4. No results of any physical testing done on annual bases shall have an
adverse effect on a unit member's position without the unit member having the time and
opportunity to rehabilitate himself.
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Section 20.8: Fitness for Duty
Any medical or psychological exam that results in the member being considered as unfit
for duty, as attested by a qualified medical provider rendering his opinion of the member's
limitations described in layman terms, shall require the member to use paid time off until
a subsequent exam finds the member fit for duty.
Members shall undergo fitness for duty medical evaluations, at the City's direction, by a
medical provider selected by the City. The medical provider shall provide, by way of
second opinion, to the City, his opinion of the member's condition and what limitations
— in layman's terms, if any, the member has and if the limitations are permanent.
Should the member provide qualified medical information to return to duty before the
City (Human Resources Director) believes the member may return, and a final
determination is made that the member could have returned sooner, then the City shall
return that portion of the paid time off used after the date the documentation was provided.
Section 20.9: Drug and Alcohol PolicX
The City Drug and Alcohol policy contained in the PRR shall apply to bargaining unit
employees.
Section 20.1o: Random Drug Tests
The City reserves the right to randomly drug test members. Said drug test shall be
conducted following computer based objective selection procedures as is done for the
City's other employees. The costs of such tests shall be borne by the City.
Section 20.11: Notice of Health -Related Problems
When a member has a health -related problem that affects his ability to perform the
essential functions of his job, the member shall so advise the Chief. Members may
undergo fitness for duty medical evaluations as directed by the Chief by a doctor selected
by the City. The doctor shall provide, by way of second opinion, to the Chief only what
42
limitations — in layman's terms, if any, the member has and if the member has reached
MMI and if the limitations are permanent.
Section 20.12: Nicotine Free Requirement
All members hired immediately after June 20, 20o6 must be free of nicotine use and must
remain continually free of any nicotine use as a requirement for continued employment
with the City of Ocoee Police Department.
ARTICLE 21:
WORKING OUT OF CLASSIFICATION
Bargaining unit members who work out of classification shall be paid under the same
policy as applicable to all other non-exempt employees of the City who work out of their
classification, unless this Agreement specifically provides for other compensation. as
below: Officers assigned to fill a Sergeants position for two or more hours shall receive an
additional $3.25 per hour per such shift.
ARTICLE 22:
MISCELLANEOUS
Section 22.1: Locker and Shower Facilities
The City shall provide a locker, capable of holding a uniform, vest, and gun belt for each
unit member and a shower area, which shall be available for members twenty- four (24)
hours a day.
Section 22.2: Inspection of Lockers
Lockers are City property and subject to inspection by the Chief or his designee at any
time for any or no reason.
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Normally locker inspection will be in the presence of the unit member or another
employee. However, if the Chief determines that circumstances warrant immediate
inspection or opening of a bargaining unit member's locker and there are no other
employees available to act as witnesses, the Chief, in his discretion, may authorize that
the locker be opened and/or inspected as needed. If the lock is broken off by the City, the
City will replace it.
Section 22.2: Retirement Entitlements
A. A bargaining unit member who retires under a physical disability
retirement, regardless of years of service, or a member who retires with a minimum of
twenty (20) YOS and is eligible to immediately draw retirement compensation, shall be
given at the time of final separation his side -arm weapon, his badge, and retired Police
Identification card. In the event that the members Police ID card is lost, stolen or broken,
the City will supply the retired member with another Police ID card.
B. A bargaining unit member who retires with a minimum of ten (to) years of
service and is eligible to draw retirement compensation shall be given, at the time of final
separation, his badge and a retired police identification card. The retiree shall also have
the option to purchase his side -arm.
C. A member who retires from the City and will immediately draw his
retirement compensation shall be sent his monthly retirement check within sixty (60)
calendar days of selection of the employee's retirementoption.
44
ARTICLE 23:
EXTRA -DUTY EMPLOYMENT
Section 23.1: General
Except as provided in this Article, law enforcement extra -duty employment shall be
administered and regulated in accordance with OPD policies in effect as of October 1,
2011, as amended.
Section 23.2: Minimum Rates
A. The minimum hourly rate paid to unit members for extra -duty, law
enforcement related employment shall be forty-five dollars ($45.00), or if acting in a
supervisory capacity, the unit member shall be paid forty-nine dollars ($49.00). The City
shall remit payments to the officers after appropriate taxes withholdings. Additionally:
1. If bargaining unit members work for another agency under a Memorandum
of Understanding, the bargaining unit members will be compensated in the
same manner as the requesting agency regardless of the established rates
above minus the currently established administrative costs.
2. The provisions in this article establish a minimum for City of Ocoee vendors
but the vendor may choose to pay more than the minimum rate listed above.
Any rate paid by a vendor will be subject to the currently established
administrative costs.
3. Bargaining unit members, except those assigned by the Chief, or his
designee, to administer the Extra -Duty Program, are prohibited from
soliciting any rate higher than the established Extra -Duty rate.
B. Approved extra -duty jobs no more than four (4) hours in length may be
worked by unit members prior to the start time of their regularly assigned duties.
45
C. Bargaining unit members may not work a combination of scheduled on -
duty and extra -duty shifts in excess of sixteen (16) hours in duration within a twenty-four
(24) hour period.
Section 2.2.2: Holiday
The minimum hourly rate paid to unit members for extra -duty, law enforcement related
employment for the holidays recognized in Article 12, Section 12.1.B shall be fifty-five
dollars ($55.00) per hour or if acting in a supervisory capacity, the unit member shall be
paid fifty-nine dollars ($59.00).
Section 23.4: Grievances
Any grievances relating to of this Article shall be handled pursuant to Article 6 of this
Agreement.
ARTICLE 24:
EDUCATION
The current City of Ocoee educational policy, as written in the current PRR, Section 13.14,
Educational Incentive Program, shall remain in effect during the term of this Agreement,
subject to budget constraints as deemed appropriate by the Committee. The Education
Committee for this bargaining unit shall be comprised of those members listed in the
PRR's, including a member of the bargaining unit for issues impacting members of said
bargaining unit.
ARTICLE 25:
PENSION
Section 25.1: All bargaining unit positions and employees in those positions, covered by
this Agreement, shall be covered by the FS Chapter 185 Plan as established by the City of
Ocoee provided they meet the eligibility requirements of same.
46
Section 25.2: The Pension Ordinance shall provide that the minimum in -line of duty
disability benefit shall be 55 % of Average Final Compensation. Additionally, the Pension
Ordinance shall be amended to provide that bargaining unit members hired after the date
of the amendment of the Pension Ordinance shall be subject to the following (as outlined
in the Summary Plan Description, Appendix C) as amended during the term of this
agreement:
1. A pension multiplier of 3.25%.
2. A cap on the monthly retirement benefit of 81.25 % of final average
compensation.
3. A minimum of seven (7) years of service with the City in order to be vested.
Section 25.3. The City agrees to contribute no less than 12% of the unit member's payroll
to the Pension Fund during the term of this Agreement. The bargaining unit members'
pension contribution shall be 8% of pensionable earnings.
Section 25.4: Accrued paid time off (PTO) payouts at separation will not count toward
final average compensation for pension benefits, effective October 1, 2012. At the time of
separation, the member shall be paid for too % of their PTO as outlined in this agreement.
Bargaining unit members who are entering the DROP shall have the option to cash in all
or any percentage, 25%, 50%, or 75%, of the member's accrued PTO without penalty
provided the member's PTO balance does not drop below 12o hours. Upon final
completion of service with the City, the remaining PTO shall be paid to the member as
outlined above.
Section 29.5. For purposes of pension calculation, the unit member shall receive
monetary credit as part of their final average compensation for up to No hours of
overtime as per State Statute.
Section 25.6: Members who enter the Deferred Retirement Option Plan (DROP) after
October 1, 2012 may elect to have their account credited with either interest at the rate of
47
2% per annum or the actual net rate of investment return (not less than o%) of the Fund.
One change in election is permitted during the DROP period.
Section 25.7: The City and Union agree that the pension multiplier will remain at 3.5% for
the term of this Agreement for bargaining unit members hired prior to the Pension
Ordinance amendment set forth in Section 25.2 above.
ARTICLE 26:
SERGEANT PROMOTION
The City will promote Sergeants in the Police Department in accordance with the
established General Orders, effective August 22nd, 2022.
ARTICLE 27:
VEBA
The VEBA contributions referred to in this Agreement shall be automatically deducted
from the member each payday prior to the calculation of taxes. The monies shall be
deposited in the member's account as directed by the member. In the event that the
member has not determined what account the monies should be deposited to, the default
will be that account/fund that is designated as a savings account.
1. Unit members participating in the City's Physical Assessment Program shall
receive a $300 per year contribution from the City and the equivalent of sixteen (16)
hours of the member's base rate of pay paid into the member's VEBA account. Members
are required to meet with the medical staff to review the results of the Physical
Assessment testing.
48
2. The $300 will be placed in the active side of the VEBA for each qualified
member and the 16 hours pay equivalent shall be placed in the retirement side of the
VEBA.
ARTICLE 28:
DURATION
This contract shall remain in full force and effect through midnight September 30, 2025
and shall automatically renew itself for periods of one (1) year unless either party delivers
to the other written notice of its intent to modify this contract not less than ninety (go)
calendar days prior to September 30 in any year of an automatic extension under this
Article.
ARTICLE 29
CORPORAL RANK
This Agreement shall establish the rank of Corporal. The PBA shall request that PERC
Certification Number: RC 1674 be amended to include the rank of Corporal in the rank
and file bargaining unit. The City agrees to support the petition to PERC. The City will
establish the number of corporal positions in the Police Department. This Article shall also
establish a fair and impartial procedure to select qualified unit members for promotion
to the rank of Corporal.
Section 29.1_Qualifications
A. A police officer must have served three (3) continuous years as an Ocoee
Police Officer immediately prior to the date of the examination.
B. The candidates must have their last performance appraisals meet or exceeds
standards.
49
C. Candidates must not have served a suspension without pay within the
past six (6) months immediately prior to the test date.
Section 29.2: Process
A. The City shall be responsible for administrating a fundamentally fair
promotional test to be given. The test instrument shall include, but not be limited, to
policies and procedures of the Police Department, supervisory knowledge, and State
Statutes, all of which are directly correlated to the position being tested.
B. If a paper and pencil test is given, the qualifying score minimum is 75% of
the total exam. After all phases of the promotional process is completed, the Chief of
Police shall publish a list of all candidates ranked by total, highest score. If an assessment
style instrument is used to score the candidates, at minimum of one, and preferably all,
assessors shall be from outside the City Police Department. Assessors shall have a law
enforcement background. The scoring principals shall be explained to all candidates,
prior to the examination. Unit members shall be afforded the opportunity to discuss their
scores and final scores with the assessors as part of the "feedback" to the candidates.
C. In making a promotion, the Chief of Police shall select from the list, the top
scoring candidate. The Chief has the right to pass over the highest scoring candidate and
select the next highest scoring candidate, but in so doing, the Chief shall hold a meeting
with the passed -over candidate to discuss how the candidate can improve in order to be
competitive. The Chief shall be limited to three (3) pass- over selections per promotional
list.
D. When the Chief determines that a Corporal vacancy exits, he will make every
effort to fill that vacancy within thirty (30) calendardays.
50
E. The eligibility list that are created by this Agreement shall be the only list of
candidates eligible for Corporal promotion. The eligibility list shall be posted on the
Agency portal.
F. While a posted vacancy is being filled, the Chief has the right to fill it
temporarily with a candidate that is on the Corporal eligibilitylist.
G. Eligibility list shall be good for a period on eighteen (18) months or until the
list is exhausted, whichever is first. A new testing process shall be constituted at least
every eighteen (18) months.
H. In the event that two or more candidates have identical scores, the officer
with the most sworn department seniority shall be ranked first. In the event that there is
still a tie, the officer with the lowest last four social security numbers shall be deemed first.
Section 29.8: Compensation
When an officer is promoted to the rank of Corporal, he shall receive an additional $1.00
per hour base rate above his current pay grade.
51
IN WITNESS HEREOF, the parties have signed this AGREEMENT to be effective as of
October 1, 2022.
RECOMMENDED FOR THE CITY OF OCOEE
Robert Frank, City Manager
Saima Plasencia, Police Chief
Rusty Johnson, Mayor
Gene Williford, HR Director
Date
Date
Date
Date
RECOMMENDED FOR THE FLORIDA POLICE BENEVOLENT ASSOCIATION, INC.
George J. Corwine, Chief Labor Negotiator
Ocoee PD PBA
Matt;Serrao
Ocoe'P ,,e,D PBA Representative
Date'
Date
52
Appendix A
PBA COLLECTIVE BARGAINING AGREEMENT GRIEVANCE FORM
Employee's Name
Business Address
Business Telephone
Social Security Number
NATURE OF GRIEVANCE
Class Title
Department
Division
Unit
Bargaining Unit.
(involving interpretation or application of specific provisions of Agreement)
DATE ACT OR CONDITION OCCURRED:
SECTION OF AGREEMENT: (which has allegedly been violated)
RELIEF REQUESTED:
IF REPRESENTATIVE DESIRED - Name of My Representative:
53
Business Telephone:
FOR GROUP GRIEVANCES ONLY - I have been designated by the following named employees to
act as spokesperson and be responsible for processing the above grievance in their behalf:
SIGNED
Date Submitted
SUBMITTED TO: Name Class Title
(If space is insufficient to write complete information, attach a separate sheet.)
White OFFICIAL - Step 12 3*
YellowRepresentative (if any)
'Circle appropriate step Pink Employee
54
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55
Appendix C
j \ i
f I o r i d a
CITY OF OCOEE
MUNICIPAL POLICE OFFICERS' AND
FIREFIGHTERS' RETIREMENT TRUST FUND
SUMMARY PLAN DESCRIPTION
January 1, 2018
IS YOUR BENEFICIARY FORM CURRENT? IN THE EVENT YOU DIE, YOUR BENEFIT OR
CONTRIBUTIONS WILL BE DISTRIBUTED TO THE PERSON OR PERSONS DESIGNATED BY
NAME ON THE BENEFICIARY FORM ON FILE WITH THE PENSION PLAN. NO PROVISION IN
YOUR LAST WILL AND TESTAMENT WILL CHANGE THIS SELECTION. PLEASE BE SURE THAT
YOUR BENEFICIARY FORM DESIGNATES THE PERSON OR PERSONS YOU INTEND TO RECEIVE
YOUR BENEFITS AND THAT YOU REVIEW THIS CHOICE IN THE EVENT OF A MAJOR LIFE
CHANGE SUCH AS A DIVORCE OR THE DEATH OF YOUR BENEFICIARY.
M
CITY OF OCOEE MUNICIPAL POLICE OFFICERS'
AND FIREFIGHTERS' RETIREMENT TRUST FUND
SUMMARY PLAN DESCRIPTION
INTRODUCTION
The Board of Trustees of the City of Ocoee Municipal Police Officers' and Firefighters'
Retirement Trust Fund is pleased to present this booklet which briefly explains the provisions of
your Firefighters and Police Officers' Pension Plan. As a participant in the Fund, you are included
in a program of benefits to help you meet your financial needs at retirement, or in the event of
disability or death.
This booklet can assist you in preparing for your retirement and financial future. If you need
further information on any of the topics presented in this booklet, please contact any member of the
Board of Trustees. They will either answer questions you night have to help you understand your
benefits or otherwise get you an answer to your questions. We urge you to read and understand this
booklet in order to become familiar with the benefits of the Plan and how they contribute to your
financial security and how they will enrich your retirement years.
The information presented is only a summary of the pension plan ("Plan") as provided in the
ordinances of the City of Ocoee. If there are any conflicts between the information in this booklet
and the ordinances of the City of Ocoee, the ordinances shall govern. The provisions of this
Summary Plan Description shall not constitute a contract between the Member and the Board of
Trustees. The Plan shall be administered in accordance with state and federal law, notwithstanding
any provisions in this booklet or ordinances to the contrary. A copy of the ordinance establishing
the Plan can be obtained from the City Clerk's office, which is located at 150 North Lakeshore Drive,
Ocoee, Florida 34761.
T£hairman, Board of Trustees,
City,efOt 66� Municipal Police Officers' and
Firefighters' Retirement Trust Fund
Date '
BOARD OF TRUSTEES AND PLAN ADMINISTRATION
A. Administration.
(1) The City of Ocoee Municipal Police Officers' and Firefighters'
Retirement Trust Fund is a defined benefit pension plan administered
by a Board of Trustees which acts as the administrator of the Plan.
The Board consists of 5 Trustees, 2 of whom shall be legal residents
of the City who are appointed by the City Commission, 2 of whom
are Members of the System, 1 who is elected by a majority of the
Firefighter Members of the System and 1 who is elected by a majority
of the Police Officer Members of the System and a fifth Trustee who
is chosen by a majority of the first 4 Trustees. Each Trustee serves a
four year term.
(2) DROP participants canbe elected as but not vote for elected Trustees.
B. The names and addresses of the current Trustees and Plan Administrator are
attached to this Summary Plan Description as Exhibit "A". The Chairman of the Board of Trustees
is designated as agent for the service of legal process.
2. ELIGIBILITY FOR PLAN MEMBERSHIP
Eachperson employedbythe City as a full-time Firefighter or Police Officerbecomes
a member of the Plan as a condition of his employment. All Firefighters and Police Officers are
therefore eligible for Plan benefits, as provided for in the Plan document and by applicable law.
PLAN BENEFITS
All claims for benefits under the Plan shall be made in writing to the Board of
Trustees.
A. Normal Retirement Eligibility. You are eligible for retirement upon the earlier
of the completion of 25 years of credited service regardless of age, or the attainment of age 55 and
the completion of 10 years of credited service.
B. Amount ofNormal Retirement Benefits. The amount ofthe normal retirement
benefit is based on your credited service and average final compensation:
"Credited Service" is generally your period of employment as aPolice Officer
or Firefighter in the Police ofFire Department measured in years and parts of years. Credited service
will include credit for up to five years for a break in employment for military service, pursuant to
conditions provided for under state or federal law, provided that you are reemployed within 1 year
of discharge under honorable conditions. Additional credited service time may also be available (See
subsection L. below).
In the event you have also accumulated credited service in the General
Employees pension system maintained by the City, then such other credited service shall be used in
determining vesting and eligibility for early or normal retirement, but not for determining benefits.
"Average Final Compensation" is 1/12 of your average salary of the 5 best
years of the last 10 years of credited service prior to your termination, retirement or death, or your
career average as a full-time Firefighter or Police Officer, whichever is greater. A year is defined
as 12 consecutive months.
Be
"Salary" is your total compensation for services rendered to the City as a
Police Officer or Firefighter reported on your W-2 form, plus all tax deferred or tax sheltered items
of income derived from elective employee payroll deductions or salary reductions, excluding pay for
police officer's extra duty details and employers contribution into the Voluntary Employee Benefit
Account (VEBA). Any paid time off unused at the time of termination of employment with the City
of Ocoee as a Police Officer or Firefighter will not be used in the pension credit calculation. For
service earned on or after October 1, 2012, Salary shall not include more than three hundred (300)
hours of overtime per calendar year. Provided however, in any event, payments for overtime in
excess of three hundred (300) hours per year accrued as of October 1, 2012 and attributable to
service earned prior to the October 1, 2012, may still be included in Salary for pension purposes even
if the payment is not actually made until on or after October 1, 2012.
C. Normal Retirement.
(1) Firefighters.
(a) If you were hired prior to October 1, 2015, the normal
retirement benefit is calculated by multiplying 3.5% times
years of credited service times your average final
compensation, up to a maximum benefit not to exceed 9 1 %
of your average final compensation if you were hired on or
after October 1, 2012: (3.5% x CS x AFC = normal
retirement benefit).
(b) If you were hired on or after October 1, 2015, the normal
retirement benefit is calculated by multiplying 3.25% times
years of credited service times your average final
compensation, up to a maximum benefit not to exceed
81.25% of your average final compensation: (3.25% x CS x
AFC = normal retirement benefit).
(2) Police Officers.
(a) If you were hired -prior to May 16, 2017, the normal
retirement benefit is calculated by multiplying 3.5% times
years of credited service times your average final
compensation, up to a maximum benefit not to exceed 91 %
of your average final compensation if you were hired on or
after October 1, 2012: (3.5% x CS x AFC = normal
retirement benefit).
(b) If you were hired on or after May 16, 2017, the normal
retirement benefit is calculated by multiplying 3.25% times
years of credited service times your average final
compensation, up to a maximum benefit not to exceed
81.25% of your average final compensation: (3.25% x CS x
AFC = normal retirement benefit).
Normal and early retirement payments will commence on the first day of the
month coincident with or next following your last day of employment. The benefit is paid to you
for your life, but you or your beneficiary shall receive at least 120 monthly benefit payments in any
event.
Each vested Plan Member shall be entitled, at the Fund's expense, to receive
two actuarial studies (one preliminary and one final) to estimate his or her retirement benefits. Any
additional studies shall be provided only at the Member's expense.
-2-
D. Early Retirement. You are eligible for early retirement upon the attainment
of age 45 and the completion of 5 years of credited service.
E. Amount of Early Retirement Benefits. The amount of the early retirement
benefit is calculated in the same manner as for normal retirement and is available as follows:
(1) Beginning on the date on which you would have qualified for normal
retirement; or
(2) Beginning immediately upon retirement, but if beginning
immediately, the amount of the monthly benefit is reduced by 3 % for
each year to age 50 and actuarially reduced for each year from age 50
to age 45, by which the commencement of benefits precedes the date
which would have been your normal retirement dated determined
based upon your actual years of credited service
F. Supplemental Benefits. In addition to the benefits provided above, the Plan
provides for a supplemental benefit as follows:
(1) Supplemental Benefit. Effective October 1, 2004, all current and
future retirees and effective October 1, 2008 only those who retired
prior to October 1, 2008, retired under the early or normal retirement
provision, their joint pensioners or beneficiaries, shall receive a
supplemental benefit in the amount of $200 per month reduced as for
early retirement if applicable. Disability retirees and vested
terminated persons shall not receive this supplement.
(2) Supplemental Benefit - Share Plan. Pursuant to Florida law, there has
been a separate member "share account" created for each member of
the plan. This supplemental benefit may or may not be funded and
thus, you may or may not receive a retirement benefit from the share
plan. If the share plan is funded, at retirement, termination (vested),
disability or death, there shall be an additional benefit paid to you.
The share plan is funded solely with state premium tax money and the
funding that is received for this Share Plan is allocated to your share
account based on a formula which gives you an allocation based on
your years of credited service or another formula to be determined.
Your share account receives its proportionate share of the income or
loss on the assets in the plan.
G. Other Retirement Options. At retirement, certain additional options are
available as follows:
(1) In lieu of the amount and form of retirement income payable under
normal and early retirement, you may elect to receive a retirement
benefit in a different form so long as the form you elect is of equal
actuarial value as the normal benefit. The optional forms of benefits
which are available are:
(a) A retirement income of a larger monthly amount, payable to
you for your lifetime only.
(b) A retirement income of a modified monthly amount, payable
to you during your lifetime, and following your death, 100%,
-3-
75% 66-2/3%, or 50% of such monthly amounts payable to a
joint pensioner for his or her lifetime.
(c) Such other amount and form of retirement payments or
benefits as, in the opinion of the Board, will best meet your
circumstances at retirement.
(d) You may also elect to receive an initial lump sum payment
equal to 5%, 10%, 15%, or 20% of your accrued benefit with
the remaining 95%, 90%, 85%, or 80%, respectively, payable
in a form selected by you and provided for in (a), (b) or (c)
above or in the normal form (10 years certain and life).
(2) Deferred Retirement Option Plan (DROP).
(a) If you become eligible for normal retirement, and are still
employed by the City as a Firefighter or Police Officer, you
have the option of "retiring" from the pension plan but
continuing your employment as a Firefighter or Police Officer
for up to an additional five years. Maximum DROP
participation shall not exceed 60 months from the date you
first become eligible for normal retirement. An election to
participate in the DROP constitutes an irrevocable election to
resign from the service of the City not later than the
maximum permissible DROP participation period provided
for in the plan. You must request, in writing, to enter the
DROP.
(b) If you entered the DROP prior to October 1, 2012, your
retirement benefit is immediately calculated and each monthly
benefit payment is deposited into your DROP account. You
may elect to either have your account credited with interest at
the rate of 6.5% per annum or credited or debited with an
investment return or loss approximately equal to the other
assets in the Fund. One change in election is permitted.
If you enter the DROP on or after October 1, 2012, your
retirement benefit is immediately calculated and each monthly
benefit payment is deposited into your DROP account. You
may elect to either have your account credited with interest at
the rate of 2% per annum or credited or debited with an
investment return or loss approximately equal to the other
assets in the Fund. One change in election is permitted.
(c) At the time of termination of employment at the end of the
DROP period, you will receive your account balance in a
lump sum or in another optional form and you will also begin
receiving your monthly retirement benefit.
(d) Once you enter the DROP, you are no longer eligible for
disability or pre -retirement death benefits, nor do you accrue
any additional credited service. Your retirement benefit is
fixed as of your entry date. You pay no member contributions
to the plan once you enter the DROP.
-4-
(e) Participation in the DROP is not a guarantee of employment
and DROP participants shall be subject to the same
employment standards and policies that are applicable to
employees who are not DROP participants.
(f) Additional information about the DROP can be obtained from
the Board.
(g) In lieu of participation in the DROP, if you elect on or after
October 1, 2012 to participate in an actuarially equivalent
BAC-DROP to a date ofyour choosing, provided that the date
is not further back than your normal retirement date. The
total BAC-DROP period shall not exceed 60 months and shall
provide an immediate partial lump sum distribution, payable
to your DROP Account. The lump sum shall be the accrued
benefit, determined as if you had entered the DROP
retroactively, as described above, accumulated with interest
at the annual fixed rate of 2%. You may choose an actuarially
equivalent form of benefit at the time of BAC-DROP entry,
as described in subsection (1) above. Member contributions
shall be returned for the period of the BAC-DROP
participation. By electing the BAC-DROP you shall
terminate employment not later than the first day of the month
following your election to participate in the BAC-DROP. The
Board's authority and power for administration of the BAC-
DROP shall be the same as those provided for in the DROP.
H. Disability Retirement. You are considered disabled when you become totally
and permanently unable to perform useful and efficient service as a Firefighter or Police Officer.
A written application is made to the Board of Trustees for a disability pension and the Board of
Trustees receives evidence of the disability and decides whether or not the pension is to be granted.
If the pension is granted, the benefit amount shall be:
(1) Firefighters - Injury In -Line of Duty.
(a) If you were hired prior to October 1, 2015 and if the injury or
disease is service connected, a benefit equal to 3.5% of your
average final compensation multiplied by your total years of
credited service, up to a maximum benefit not to exceed 91 %
of your average final compensation if you were hired on or
after October 1, 2012, but in any event the minimum amount
paid to you shall be 42% of your average final compensation.
(b) If you were hired on or after October 1, 2015 and if the injury
or disease is service connected, a benefit equal to 3.25% of
your average final compensation multiplied by your total
years of credited service, up to a maximum benefit not to
exceed 81.25% of your average final compensation, but in any
event the minimum amount paid to you shall be 42% of your
average final compensation.
(2) Firefighters - Injury Not -in -Line of Duty.
(a) If you were hired prior to October 1, 2015 and if the injury or
disease is not service connected, a benefit equal to 3.5% of
your average final compensation multiplied by your total
-5-
years of credited service, up to a maximum benefit not to
exceed 91 % of your average final compensation if you were
hired on or after October 1, 2012. This non -service connected
benefit is only available if you have at least 10 years of
credited service.
(b) If you were hired on or after October 1, 2015 and if the injury
or disease is not service connected, a benefit equal to 3.25%
of your average final compensation multiplied by your total
years of credited service, up to a maximum benefit not to
exceed 81.25% of your average final compensation. This
non -service connected benefit is only available if you have at
least 10 years of credited service.
(3) Police Officers - In -Line of Duty.
(a) If you were hired prior to May 16, 2017 and if the injury or
disease is service connected, a benefit equal to 3.5% of your
average final compensation multiplied by your total years of
credited service, up to a maximum benefit not to exceed 91 %
of your average final compensation if you were hired on or
after October 1, 2012, but in any event the minimum amount
paid to you shall be 5 5 % of your average final compensation.
(b) If you were hired on or after May 16, 2017 and if the injury or
disease is service connected, a benefit equal to 3.25% of your
average final compensation multiplied by your total years of
credited service, up to a maximum benefit not to exceed
81.25% of your average final compensation, but in any event
the minimum amount paid to you shall be 5% of your average
final compensation.
(2) Police Officers - Injury Not -in -Line of Duty.
(a) If you were hired prior to May 16, 2017 and if the injury or
disease is not service connected, a benefit equal to 3.5% of
your average final compensation multiplied by your total
years of credited service, up to a maximum benefit not to
exceed 91% of your average final compensation if you were
hired on or after October 1, 2012. This non -service connected
benefit is only available if you have at least 10 years of
credited service.
(b) If you were hired on or after May 16, 2017 and if the injury or
disease is not service connected, a benefit equal to 3.25% of
your average final compensation multiplied by your total
years of credited service, up to a maximum benefit not to
exceed 81.25% of your average final compensation. This
non -service connected benefit is only available if you have at
least 10 years of credited service.
Eligibility for disability benefits. Subject to (4) below, you must bean active
member of the plan on the date the Board determines your entitlement to a disability benefit.
(1) Terminated persons, either vested or non -vested, are not eligible for
disability benefits.
IRM
(2) If you voluntarily terminate your employment either before or after
filing an application for disability benefits, you are not eligible for
disability benefits.
(3) If you are terminated by the City for any reason other than for medical
reasons, either before or after you file an application for disability
benefits, you are not eligible for disability benefits.
(4) The only exception to (1) above is:
(a) If you are terminated by the City for medical reasons and you
have already applied for disability benefits before the medical
termination, or;
(b) If you are terminated by the City for medical reasons and you
apply within 30 days after your medical termination date.
If either (4)(a), or (4)(b) above applies, your application will be
processed and fully considered by the board.
Your disability benefit terminates uponthe earlier of death, with 120 payments
guaranteed, or recovery. You may, however, select a "life only" or "joint and survivor" optional
form of benefit as described above under "Optional Forms of Retirement".
Your benefit will be reduced if you receive workers' compensation benefits
and your combined benefit exceeds 100% of your final salary. The pension benefit will be reduced
so that the total does not exceed 100%, except that the pension benefit shall not be reduced below
the greater of 55% of average final compensation or 2.75% of average final compensation times
years of credited service.
Any condition or impairment ofhealth caused by hypertension or heart disease
resulting in death or total and permanent disability is presumed to have been suffered in the line of
duty unless the contrary is shown by competent evidence; provided that you have successfully passed
a physical examination on entering into service and there is no evidence of the condition at that time.
For conditions diagnosed on or after January 1,1996, ifyou suffer a condition
or impairment ofhealth that is caused by hepatitis, meningococcal meningitis, or tuberculosis, which
results in total and permanent disability, it shall be presumed that the disability is in the line of duty,
unless the contrary is shown by competent evidence as provided for in Section 112.181, Florida
Statutes.
To receive disability benefits, you must establish to the satisfaction of the
Board, that such disability was not occasioned primarily by:
(1) Excessive or habitual use of any drugs and/or intoxicants, or
narcotics.
(2) Injury or disease sustained while willfully and illegally participating
in fights, riots or civil insurrections or while committing a crime.
(3) Injury or disease sustained while serving in any branch of the Armed
Forces.
(4) Injury or disease sustained after your employment as a Firefighter or
Police Officer with the City of Ocoee shall have terminated.
de
(5) For Police Officer Members, injury or disease sustained while
working for anyone other than the City and arising out of such
employment.
As a disabled pensioner, you are subject to periodic medical examinations as
directed by the Board to determine whether a disability continues. You may also be required to
submit statements from your doctor, at your expense, confirming that your disability continues.
I. Death Before Retirement. If you die prior to retirement from the City Police
Department or Fire Department, your beneficiary shall receive the following benefit:
(1) Prior to Vesting or Eligibility for Retirement. If you were not
receiving monthly benefits or were not yet vested or eligible for early
or normal retirement, your beneficiary shall receive a refund of 100%
of your accumulated contributions.
(2) Deceased Members Vested or Eligible for Retirement with Spouse as
Beneficiary. If you die and, at the date of your death were vested or
eligible for early or normal retirement, your spouse beneficiary shall
be entitled to a benefit as follows;
(a) If you were vested, but not eligible for normal or early
retirement, your spouse beneficiary shall receive a benefit
payable for 10 years, beginning on the date that you would
have been eligible for early or normal retirement, at the option
of your spouse beneficiary. The benefit shall be calculated as
for normal retirement based on your credited service and
average final compensation as of the date of your death and
reduced as for early retirement, if applicable. Your spouse
beneficiary may also elect to receive an immediate benefit,
payable for 10 years, which is actuarially reduced to reflect
the commencement of benefits prior to your early retirement
date.
(b) If you were eligible for normal or early retirement, your
spouse beneficiary shall receive a benefit payable for 10
years, beginning on the first day of the month following your
death or at your otherwise normal or early retirement date, at
the option of your spouse beneficiary. The benefit shall be
calculated as for normal retirement based on your credited
service and average final compensation as of the date of your
death and reduced as for early retirement, if applicable.
(c) Your spouse beneficiary may not elect an optional form of
benefit, however, the Board may elect to make a lump sum
payment if the total commuted value of benefit is less than
$1,000.00.
(d) Your spouse beneficiary may, in lieu of any benefit provided
for in (a) or (b) above, elect to receive a refund of your
accumulated contributions.
(e) If your spouse beneficiary commences receiving a benefit
under (a) or (b) above, but dies before all payments are made,
Eli!
the remaining benefit shall be paid to the estate of the spouse
beneficiary.
(3) Deceased Members Vested or Eligible for Retirement with Non -
Spouse Beneficiary. If your beneficiary is not your spouse, the
benefits payable to your non -spouse beneficiary are the same as those
to a spouse beneficiary, however, the date of commencement of those
benefits may be required to be earlier, with the resulting reduction in
the amount.
J. Reemployment After Retirement. If you retire under normal or early
retirement and wish to be reemployed by the city, you should be aware that your ability to continue
to receive your pension benefit upon reemployment may be restricted.
K. Termination of Employment and Vesting. If your employment is terminated,
either voluntarily or involuntarily, the following benefits are payable:
(1) Firefighters hired prior to October 1, 2015.
(a) If you have less than 5 years of credited service upon
termination, you shall be entitled to a refund of the money
you have contributed or you may leave it deposited with the
Fund.
(b) If you have 5 or more years of credited service upon
termination, you shall be entitled to a monthly retirement
benefit payable to you starting at your otherwise normal or
early retirement date, determined based on your actual years
of Credited Service and provided you do not elect to withdraw
your contributions and provided you survive to your
otherwise normal or early retirement date. If you do not
withdraw your accumulated contributions and do not survive
to your otherwise normal or early retirement date, your
designated beneficiary shall be entitled to a benefit as
provided herein for a deceased member, vested or eligible for
retirement under Death Before Retirement.
(2) Firefighters hired on or after October 1, 2015.
(a) If you have less than 7 years of credited service upon
termination, you shall be entitled to a refund of the money
you have contributed or you may leave it deposited with the
Fund.
(b) If you have 7 or more years of credited service upon
termination, you shall be entitled to a monthly retirement
benefit payable to you starting at your otherwise normal or
early retirement date, determined based on your actual years
of Credited Service and provided you do not elect to withdraw
your contributions and provided you survive to your
otherwise normal or early retirement date. If you do not
withdraw your accumulated contributions and do not survive
to your otherwise normal or early retirement date, your
designated beneficiary shall be entitled to a benefit as
provided herein for a deceased member, vested or eligible for
retirement under Death Before Retirement.
In
(3) Police Officers hired prior to May 16, 2017.
(a) ' If you have less than 5 years of credited service upon
termination, you shall be entitled to a refund of the money
you have contributed or you may leave it deposited with the
Fund.
(b) If you have 5 or more years of credited service upon
termination, you shall be entitled to a monthly retirement
benefit payable to you starting at your otherwise normal or
early retirement date, determined based on your actual years
of Credited Service and provided you do not elect to withdraw
your contributions and provided you survive to your
otherwise normal or early retirement date. If you do not
withdraw your accumulated contributions and do not survive
to your otherwise normal or early retirement date, your
designated beneficiary shall be entitled to a benefit as
provided herein for a deceased member, vested or eligible for
retirement under Death Before Retirement.
(4) Police Officers hired on or after May 16, 2017.
(a) If you have less than 7 years of credited service upon
termination, you shall be entitled to a refund of the money
you have contributed or you may leave it deposited with the
Fund.
(b) If you have 7 or more years of credited service upon
termination, you shall be entitled to a monthly retirement
benefit payable to you starting at your otherwise normal or
early retirement date, determined based on your actual years
of Credited Service and provided you do not elect to withdraw
your contributions and provided you survive to your
otherwise normal or early retirement date. If you do not
withdraw your accumulated contributions and do not survive
to your otherwise normal or early retirement date, your
designated beneficiary shall be entitled to a benefit as
provided herein for a deceased member, vested or eligible for
retirement under Death Before Retirement.
The Internal Revenue Code provides that certain eligible lump sum
distributions from the pension system may be directly rolled over into qualified individual retirement
accounts, annuities or certain other pension plans. A 20% withholding shall be required on taxable
portions of such lump sum distributions not directly transferred to a new custodian.
L. Additional Credited Service. In addition to credited service actually earned
in the employment of the City, you may also receive credited service as follows:
(1) 'Buy -Back" for Prior Police or Fire Service. The years or fractional
parts of years that you previously served as a police officer or
firefighter with the City of Ocoee during a period of previous
employment and for which period accumulated contributions were
withdrawn from the Fund shall be added to your years of credited
-10-
service provided that within the first 90 days of your reemployment
you pay into the plan the withdrawn contributions with interest.
If, after 90 days from your reemployment you have failed to purchase
credited service pursuant to the previous paragraph or if you served
as a full-time paid Police Officer for any other municipal, county or
state law enforcement agency or Firefighter for any other municipal,
county or special district fire department in the State of Florida or a
jurisdiction other than the State of Florida, you will receive credited
service only if:
(a) You contribute to the Fund a sum equal to an actuarially
determined amount such that the crediting of service does not
result in any cost to the Fund plus payment of costs for all
professional services rendered to the Board in connection
with the purchase of years of credited service.
(b) Multiple requests to purchase credited service pursuant to this
provision can be made at any time prior to retirement.
(c) Payment of the required amount shall be made within 6
months of your request for credit and shall be made in one
lump sum payment to the Board, upon receipt of which
credited service shall be given.
(d) The maximum credit under this section for service with an
employer other than the City of Ocoee when combined with
military service prior to employment shall be 5 years of
credited service and shall count for all purposes, except
vesting and eligibility for not -in -line of duty disability
benefits. There shall be no maximum purchase of credit for
prior service with the City of Ocoee and such credit shall
count for all purposes, including vesting.
(e) In no event may credited service be purchased pursuant to this
section for prior service with any other municipal, county or
special district fire department or special law enforcement
department if such prior service forms or will form the basis
of a retirement benefit or pension from another retirement
system or plan as set for in the Maximum Pension Section of
your plan document.
(f) In addition to service as a Firefighter in this State, credit may
be purchased in the same manner as provided above for
federal, other state, county or municipal service if the prior
service is recognized by the Division of State Fire Marshal, as
provided under Chapter 633, Florida Statutes, or you provide
proof to the Board that such service is equivalent to the
service required to meet the definition of a Firefighter.
(g) In addition to service as a Police Officer in this State, credit
may be purchased in the same manner as provided above for
federal, other state, county or municipal service if the prior
service is recognized by the Criminal Justice Standards and
Training Commission within the Department of Law
Enforcement, as provided under Chapter 943, Florida
-11-
Statutes, or you provide proof to the Board that such service
is equivalent to the service required to meet the definition of
a Police Officer.
(2) 'Buy -Back" for Military Service Prior to Employment. The years or
fractional parts of years that you serve or have served on active duty
in the military service of the Armed Forces of the United States, the
United States Merchant Marine or the United States Coast Guard,
voluntarily or involuntarily and honorably or under honorable
conditions, prior to first and initial employment with the City Police
or Fire Department shall be added to your years of credited service
provided that:
(a) You contribute to the Fund an actuarially determined amount
such that the crediting of the service does not result in any
cost fo the Fund plus payment of costs for all professional
services rendered to the Board in connection with the
purchase of years of credited service.
(b) Multiple requests to purchase credited service pursuant to this
provision may be made at any time prior to retirement.
(c) Payment of the required amount shall be made within 6
months of your request for credit, but not later than your
retirement date, and shall be made in one lump sum payment
upon receipt of which credited service shall be given.
(d) The maximum credit under this Section when combined with
credited service for prior police or fire service with an
employer other than the City of Ocoee, shall be 5 years and
shall count for all purposes except vesting and eligibility for
not -in -line of duty disability benefits.
(3) Rollovers or Transfers ofFunds to Purchase Service. In the event you
are eligible to purchase additional credited service as provided above,
you may be eligible to rollover or transfer funds from another
retirement program in which you participate (traditional IRA,
deferred compensation plan maintained by a government employer
(457 plan), 401k plan, profit sharing plan, defined benefit plan,
money purchase plan, annuity plan or tax sheltered annuity) in order
to pay all or part of the cost of purchasing such additional credited
service.
M. Contributions and Funding. The City is paying the portion of the cost of the
pension plan over and above your contributions and all or a portion of the amounts received from
the state insurance rebates, pursuant to a mutual consent agreement between the City. and the Union.
You contribute 8% of your salary to the Plan. Your contribution will be excluded from your gross
income for withholding purposes so you will realize income tax benefits.
N. Maximum Benefits. In no event will the annual benefits paid from this Plan
exceed $220,000.00 annually, subject to certain cost of living adjustments and actuarial reductions,
under certain circumstances, for retirement prior to age 62 as set forth in Section 415 of the Internal
Revenue Code.
If you began participation for the first time on and after January 1, 1980, you
cannot receive a benefit in excess of 100% of your average fmal'compensation.
-12-
O. Forfeiture of Pension. If you are convicted of the certain crimes listed in the
Plan, committed prior to retirement, or if your employment is terminated by reason of your admitted
commission, aid or abetment of these crimes, you shall forfeit all rights and benefits under the Plan,
except for the return of your contributions as of the date of your termination.
P. Conviction and Forfeiture; False, Misleading or Fraudulent Statements.
It is unlawful for you to willfully and knowingly make, or cause to be made,
or to assist, conspire with, or urge another to make, or cause to be made, any false, fraudulent, or
misleading oral or written statement or withhold or conceal material information to obtain any
benefit from the System.
If you violate the previous paragraph, you commit a misdemeanor of the first
degree, punishable as provided in Section 775.082 or Section 775.083, Florida Statutes.
In addition to any applicable criminal penalty, upon conviction for a violation
described above, you or your beneficiary may, in the discretion of the Board, be required to forfeit
the right to receive any or all benefits to which you would otherwise be entitled under the System.
For purposes of this subsection, "conviction" means a determination of guilt that is the result of a
plea or trial, regardless of whether adjudication is withheld.
Q. Claims Procedure Before the Board. You may request, in writing, that the
Board review any claim for benefits under the Plan. The Board will review the case and enter a
decision as it deems proper within not more than 180 days from the date of the receipt of such
written request, or in the case of a disability claim, from receipt of a medical release and completed
interrogatories. The time period may be extended if you agree to the extension.
The Board's decision on your claim will be contained in an order which will
be in writing and will include:
(1) The specific reasons for the Board's action;
(2) A description of any additional information that the Board feels is
necessary for you to perfect your claim;
(3) An explanation of the review procedure next open to you which
includes a formal evidentiary hearing.
4. NON -FORFEITURE OF PENSION BENEFITS
A. Liquidation ofPension Fund Assets. In the event of repeal, or if contributions
to the Fund are discontinued by the City, there will be a full vesting of benefits accrued to date of
repeal.
B. Interest of Members in Pension Fund. At no time prior to the satisfaction of
all liabilities under the Plan shall any assets of the Plan be used for any purpose other than for the
Firefighters' or Police Officers' exclusive benefit. In any event, your contributions to the Plan are
non -forfeitable.
VESTING OF BENEFITS
A. For Firefighters hired prior to October 1, 2015. Your retirement benefits are
vested after 5 years of credited service.
-13-
B. For Firefighters hired on or after October 1, 2015. Your retirement benefits
are vested after 7 years of credited service.
C. For Police Officers hired prior to May 16, 2017. Your retirement benefits are
vested after 5 years of credited service.
D. For Police Officers hired on or after May 16, 2017. Your retirement benefits
are vested after 7 years of credited service.
6. APPLICABLE LAW
The Plan is governed by certain federal, state and local laws, including, but not
limited to the following:
A. Internal Revenue Code and amendments thereto.
B. Chapters 175 and 185, Florida Statutes, "Municipal Police Officers' or
Firefighters' Retirement Trust Funds".
Systems".
C. Part VII, Chapter 112, Florida Statutes, "Actuarial Soundness of Retirement
D. Ordinances of the City of Ocoee.
E. Administrative rules and regulations adopted by the Board of Trustees.
7. PLAN YEAR AND PLAN RECORDS
The Plan year begins on October 1 of each year and ends on September 30 of the
following year. All records of the Plan are maintained on the basis of the Plan year.
APPLICABLE PROVISIONS OF COLLECTIVE BARGAINING
AGREEMENTS
The current collective bargaining agreement between the City and the Firefighters and
Police Officers contains no provisions which deal directly with pension benefits. Pension benefits
are a bargainable issue.
FINANCIAL AND ACTUARIAL INFORMATION
A. A report of pertinent financial and actuarial information on the solvency and
actuarial soundness of the Plan has been prepared by the Pension Plan's
actuary, Foster & Foster, Inc., and is attached as Exhibit "B".
B. A copy of the detailed accounting report of the plan's expenses for the fiscal
year is available for review upon request to the Plan Administrator.
C. A copy of the administrative expense budget for the plan, for each fiscal year
is available for review upon request to the Plan Administrator.
10. DIVORCE OR DISSOLUTION OF MARRIAGE
Federal and state law provides certain restrictions regarding the payment of your
pension benefits in the event of your divorce or dissolution of marriage. Immediately upon your
involvement in such a legal proceeding, you should provide a member of the Board with the name
and address of your attorney or your name and address if you have no attorney. The Board's attorney
-14-
will then provide you or your attorney with information concerning the legal restrictions regarding
your pension benefits. In addition, a copy of any proposed order must be submitted to the Board
prior to entry by the court. Failure to do so may require you to pay any expenses incurred by the
Board in correcting an improper court order.
11. EX -SPOUSES AS BENEFICIARY OR JOINT PENSIONER
The Florida Legislature has adopted Section 732.703, Florida Statutes. This law
nullifies the designation of your ex -spouse as a Beneficiary or Joint Annuitant / Joint Pensioner on
your pension plan retirement benefits. This law went into effect on July 1, 2012.
After July 1, 2012, if you want your ex -spouse to be a beneficiary or joint
annuitant/joint pensioner for your plan benefit, you will have to make that designation AFTER the
dissolution of marriage. If you currently have an ex -spouse as a beneficiary or joint annuitant/joint
pensioner, and want to keep this designation, you will have to designate the ex -spouse again after
July 1, 2012.
To reconfirm your current beneficiary, or to designate a new beneficiary, complete
a new Designation of Beneficiary Form (PF-3).
To reconfirm your current joint annuitant/joint pensioner, or to designate a new joint
annuitant/joint pensioner (if authorized by the current plan provisions), indicate such change on a
Change or Confirmation of Designated Joint Annuitant or Joint Pensioner Form (PF-25). If
necessary, the plan administrator will submit the new form to the actuary of the plan for recalculation
of your benefit. There may be a charge to you to make this change.
To obtain either of the above forms, or if you have any questions, please contact your
plan administrator.
12. EXCLUSION OF HEALTH INSURANCE PREMIUMS FROM INCOME.
When you retire because of disability or have worked to the date you are immediately
eligible for normal retirement (not early retirement), you can elect to exclude from income,
distributions made from your benefit that are used to pay the premiums for accident or health
insurance or long-term care insurance. The premium can be for coverage for you, your spouse, or
dependents. The distribution must be made directly from the plan to the insurance provider using
pension form PF-22 which authorizes the distribution. (This form may be obtained from your plan
administrator) You can exclude from income the smaller of the amount of the insurance premiums
or $3,000.00. You can only make this election for amounts that would otherwise be included in your
income.
ksh\ocoee\p&fl01-12-18.spd
-15-
EXHIBIT "A"
BOARD OF TRUSTEES
The names and addresses of the members of the Board of Trustees are:
Chairman:
Charles Brown
646 Ocoee Commerce Pkwy
Ocoee, Florida 34761
Secretary:
Bryan Pace
646 Ocoee Commerce Pkwy
Ocoee, Florida 34761
Member:
Trey Littlefield
646 Ocoee Commerce Pkwy
Ocoee, Florida 34761
Member:
Joe Moy
646 Ocoee Commerce Pkwy
Ocoee, Florida 34761
Member:
William Maxwell
558 Woodson Avenue
Ocoee, FL 34761
PLAN ADMINISTRATOR
Mr. Pete Prior
Ocoee Police Officers' and Firefighters' Retirement Trust Fund
c/o Benefits USA
3810 Inverrary Blvd., Ste 303
Lauderhill, FL 33319
Phone: 954-730-2068 extension 203
E-Mail:eti
CITY OF OCOEE
MUNICIPAL POLICE OFFICERS' AND FIREFIGHTERS' RETIREMENT TRUST FUND
EXHIBIT "B"
New Assump Old Assump
A. Participant Data
10/1/2017
10/1/2017
10/1/2016
Actives
116
116
114
Service Retirees
45
45
42
DROP Retirees
10
10
10
Beneficiaries
1
1
1
Disability Retirees
7
7
7
Terminated Vested
26
26
25
Total
205
205
199
Total Annual Payroll
$7,811,311
$7,811,311
$7,432,068
Payroll Under Assumed Ret. Age
7,811,311
7,811,311
7,432,068
Annual Rate of Payments to:
Service Retirees
1,858,284
1,858,284
1,696,387
DROP Retirees
604,396
604,396
597,672
Beneficiaries
12,218
12,218
12,218
Disability Retirees
181,068
181,068
181,068
Terminated Vested
186,890
186,890
186,890
B. Assets
Actuarial Value (AVA)50,166,070 50,166,070 46,264,915
Market Value (MVA)' 50,652,631 50,652,631 45,408,536
C. Liabilities
Present Value of Benefits
Actives
Retirement Benefits
34,402,296
33,454,425
31,591,643
Disability Benefits
1,843,783
1,807,159
1,705,202
Death Benefits
228,963
481,105
453,060
Vested Benefits
598,014
589,028
597,775
Refund of Contributions
63,850
63,654
53,882
Service Retirees
20,548,836
20,457,202
18,890,574
DROP Retirees'
9,005,414
8,969,376
8,570,467
Beneficiaries
42,272
42,236
50,925
Disability Retirees
1,963,467
1,954,861
1,972,653
Terminated Vested
1,260,165
1,251,549
1,170,027
Share Plan Balances '
252,169
252,169
193,674
Total
70,209,229
69,322,764
65,249,882
New Assump
Old Assump
C. Liabilities - (Continued)
10/1/2017
10/1/2017
10/1/2016
Present Value of Future Salaries
64,710,504
64,012,030
61,215,034
Present Value of Future
Member Contributions
5,176,840
5,120,962
4,897,203
Normal Cost (Retirement)
1,356,741
1,310,174
1,241,828
Normal Cost (Disability)
122,517
120,445
112,412
Normal Cost (Death)
12,554
25,663
24,476
Normal Cost (Vesting) ,
61,935
61,029
61,754
Normal Cost (Refunds)
16,368
16,339
14,407
Total Normal Cost
1,570,115
1,533,650
1,454,877
Present Value of Future
Normal Costs
12,430,374
12,007,148
11,462,922
Accrued Liability (Retirement)
23,400,924
22,945,876
21,572,520
Accrued Liability (Disability)
918,629
907,500
844,784
Accrued Liability (Death)
133,298
283,206
263,477
Accrued Liability (Vesting)
240,960
238,917
246,169
Accrued Liability (Refunds)
12,721
12,724
11,690
Accrued Liability (Inactives)
32,820,154
32,675,224
30,654,646
Share Plan Balances'
252,169
252,169
193,674
Total Actuarial Accrued Liability (EAN AL)
57,778,855
57,315,616
53,786,960
Unfunded Actuarial Accrued
Liability (UAAL)
7,612,785
7,149,546
7,522,045
Funded Ratio (AVA / EAN AL)
86.8%
87.5%
86.0%
D. Actuarial Present Value of New Assume Old Assump
Accrued Benefits 10/1/2017 10/1/2017 10/1/2016
Vested Accrued Benefits
Inactives + Share Plan Balances
33,072,323
32,927,393
30,848,320
Actives
9,391,340
9,266,070
9,091,092
Member Contributions
4,816,997
4,816,997
4,522,330
Total
47,280,660
47,010,460
44,461,742
Non -vested Accrued Benefits
2,766,862
2,688,467
2,309,793
Total Present Value
Accrued Benefits (PVAB)
50,047,522
49,698,927
46,771,535
Funded Ratio (MVA / PVAB)
101.2%
101.9%
97.1 %
Increase (Decrease) in Present Value of
Accrued Benefits Attributable to:
Plan Amendments 0 0
Assumption Changes 348,595 0
New Accrued Benefits 0 1,870,128
Benefits Paid 0 (2,559,339)
Interest 0 3,616,603
Other 0 0
Total 348,595 2,927,392
New Assump
Old Assump
Valuation Date
10/1/2017
10/1/2017
10/1/2016
Applicable to Fiscal Year Ending
9/30/2019
9/30/2019
9/30/2018
E. Pension Cost
Normal Cost (with interest)
% of Total Annual Payroll 2
20.89
20.41
20.35
Administrative Expenses (with interest)
% of Total Annual Payroll 2
1.07
1.07
1.40
Payment Required to Amortize
Unfunded Actuarial Accrued
Liability over 25 years
(as of 10/l/2017, with interest)
% of Total Annual Payroll 2
23.25
22.80
21.50
Total Required Contribution
% of Total Annual Payroll 2
45.21
44.28
43.25
Expected Member Contributions
% of Total Annual Payro112
8.00
8.00
8.00
Expected City and State Contribution
% of Total Annual Payroll 2
37.21
36.28
35.25
F. Past Contributions
Plan Years Ending:
9/30/2017
City and State Requirement
2,235,309
Actual Contributions Made:
Members (excluding buyback)
601,901
City
1,802,906
State
432,404
Total
2,837,211
G. Net Actuarial (Gain)/Loss
399,059
' The asset values and liabilities include accumulated DROP and Share Plan
Balances as of
9/30/2017 and 9/30/2016.
2 Contributions developed as of 10/1/2017 are expressed as a percentage of total
annual payroll at 10/1/2017 of $7,811,311.