Florida Senate - 2012                              CS for SB 910
       
       
       
       By the Committee on Banking and Insurance; and Senators Hays and
       Bennett
       
       
       
       597-02860-12                                           2012910c1
    1                        A bill to be entitled                      
    2         An act relating to public retirement plans; amending
    3         s. 175.351, F.S.; revising provisions relating to
    4         benefits paid from the premium tax by a municipality
    5         or special fire control district that has its own
    6         pension plan; providing for retroactive application;
    7         amending s. 185.02, F.S.; revising the definition of
    8         the term “compensation” or “salary” for purposes of
    9         police officers’ pensions; amending s. 185.35, F.S.;
   10         revising provisions relating to benefits paid by a
   11         municipality that has its own pension plan; providing
   12         for retroactive application; providing a declaration
   13         of important state interest; providing an effective
   14         date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Subsection (6) is added to section 175.351,
   19  Florida Statutes, to read:
   20         175.351 Municipalities and special fire control districts
   21  having their own pension plans for firefighters.—For any
   22  municipality, special fire control district, local law
   23  municipality, local law special fire control district, or local
   24  law plan under this chapter, in order for municipalities and
   25  special fire control districts with their own pension plans for
   26  firefighters, or for firefighters and police officers if
   27  included, to participate in the distribution of the tax fund
   28  established pursuant to s. 175.101, local law plans must meet
   29  the minimum benefits and minimum standards set forth in this
   30  chapter.
   31         (6) Notwithstanding any other provision, with respect to
   32  any plan established under this chapter, if the municipality or
   33  special fire control district and the plan members’ collective
   34  bargaining representative or, if none, a majority of the plan
   35  members, mutually consent to the retirement benefits provided in
   36  the plan or to the use of income for retirement benefits from
   37  the premium tax provided pursuant to this chapter, the
   38  provisions of the agreement shall be deemed to comply with this
   39  chapter for all purposes. This subsection is retroactive in
   40  application to any agreement entered into or effective on or
   41  after October 1, 2010.
   42         Section 2. Subsection (4) of section 185.02, Florida
   43  Statutes, is amended to read:
   44         185.02 Definitions.—For any municipality, chapter plan,
   45  local law municipality, or local law plan under this chapter,
   46  the following words and phrases as used in this chapter shall
   47  have the following meanings, unless a different meaning is
   48  plainly required by the context:
   49         (4) The term “compensation” or “salary” means, for
   50  noncollectively bargained service earned before July 1, 2011, or
   51  for service earned under collective bargaining agreements in
   52  place before July 1, 2011, the total cash remuneration including
   53  overtime paid by the primary employer to a police officer for
   54  services rendered, but not including any payments for extra duty
   55  or special detail work performed on behalf of a second party
   56  employer. A local law plan may limit the amount of overtime
   57  payments which can be used for retirement benefit calculation
   58  purposes; however, such overtime limit may not be less than 300
   59  hours per officer per calendar year. For noncollectively
   60  bargained service earned on or after July 1, 2011, or for
   61  service earned under collective bargaining agreements entered
   62  into on or after July 1, 2011, the term has the same meaning
   63  except that when calculating retirement benefits, up to 300
   64  hours per year in overtime compensation may be included as
   65  specified in the plan or collective bargaining agreement, but
   66  payments for accrued unused sick or annual leave may not be
   67  included.
   68         (a) Any retirement trust fund or plan that meets the
   69  requirements of this chapter does not, solely by virtue of this
   70  subsection, reduce or diminish the monthly retirement income
   71  otherwise payable to each police officer covered by the
   72  retirement trust fund or plan.
   73         (b) The member’s compensation or salary contributed as
   74  employee-elective salary reductions or deferrals to any salary
   75  reduction, deferred compensation, or tax-sheltered annuity
   76  program authorized under the Internal Revenue Code shall be
   77  deemed to be the compensation or salary the member would receive
   78  if he or she were not participating in such program and shall be
   79  treated as compensation for retirement purposes under this
   80  chapter.
   81         (c) For any person who first becomes a member in any plan
   82  year beginning on or after January 1, 1996, compensation for
   83  that plan year may not include any amounts in excess of the
   84  Internal Revenue Code s. 401(a)(17) limitation, as amended by
   85  the Omnibus Budget Reconciliation Act of 1993, which limitation
   86  of $150,000 shall be adjusted as required by federal law for
   87  qualified government plans and shall be further adjusted for
   88  changes in the cost of living in the manner provided by Internal
   89  Revenue Code s. 401(a)(17)(B). For any person who first became a
   90  member before the first plan year beginning on or after January
   91  1, 1996, the limitation on compensation may not be less than the
   92  maximum compensation amount that was allowed to be taken into
   93  account under the plan as in effect on July 1, 1993, which
   94  limitation shall be adjusted for changes in the cost of living
   95  since 1989 in the manner provided by Internal Revenue Code s.
   96  401(a)(17)(1991).
   97         Section 3. Subsection (6) is added to section 185.35,
   98  Florida Statutes, to read:
   99         185.35 Municipalities having their own pension plans for
  100  police officers.—For any municipality, chapter plan, local law
  101  municipality, or local law plan under this chapter, in order for
  102  municipalities with their own pension plans for police officers,
  103  or for police officers and firefighters if included, to
  104  participate in the distribution of the tax fund established
  105  pursuant to s. 185.08, local law plans must meet the minimum
  106  benefits and minimum standards set forth in this chapter:
  107         (6) Notwithstanding any other provision, with respect to
  108  any plan established under this chapter, if the municipality and
  109  the plan members’ collective bargaining representative or, if
  110  none, a majority of plan members, mutually consent to the
  111  retirement benefits provided in the plan or to the use of income
  112  for retirement benefits from the premium tax provided pursuant
  113  to this chapter, the provisions of the agreement shall be deemed
  114  to comply with this chapter for all purposes. This subsection is
  115  retroactive in application to any agreement entered into or
  116  effective on or after October 1, 2010.
  117         Section 4. The Legislature finds that a proper and
  118  legitimate state purpose is served when employees and retirees
  119  of the state and its political subdivisions, and the dependents,
  120  survivors, and beneficiaries of such employees and retirees are
  121  extended the basic protections afforded by governmental
  122  retirement systems that provide fair and adequate benefits and
  123  that are managed, administered, and funded in an actuarially
  124  sound manner as required by s. 14, Art. X of the State
  125  Constitution and part VII of chapter 112, Florida Statutes.
  126  Therefore, the Legislature determines and declares that this act
  127  fulfills an important state interest.
  128         Section 5. This act shall take effect upon becoming a law.