Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. PCS (427674) for SB 458
       
       
       
       
       
       
                                Barcode 436070                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/21/2013           .                                
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       The Committee on Governmental Oversight and Accountability
       (Bradley) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 76 - 576
    4  and insert:
    5         (6) “Defined contribution plan” means the component of a
    6  local law plan to which deposits are made to provide benefits
    7  for firefighters, or for firefighters and police officers if
    8  both are included, under this chapter. Such component is an
    9  element of a local law plan and exists in conjunction with the
   10  defined benefit component that meets the minimum benefits and
   11  minimum standards of this chapter. The retirement benefits of
   12  the defined contribution plan shall be provided through member
   13  directed investments, in accordance with s. 401(a), s. 401(k),
   14  or s. 457 of the Internal Revenue Code and related regulations.
   15         (12)(11) “Local law plan” means a retirement defined
   16  benefit pension plan, which includes both a defined benefit plan
   17  component and a defined contribution plan component, for
   18  firefighters, or for firefighters or police officers if both are
   19  where included, as described in s. 175.351, established by
   20  municipal ordinance, special district resolution, or special act
   21  of the Legislature, which enactment sets forth all plan
   22  provisions. Local law plan provisions may vary from the
   23  provisions of this chapter if the, provided that required
   24  minimum benefits and minimum standards of this chapter are met.
   25  However, any such variance must shall provide a greater benefit
   26  for firefighters. Actuarial valuations of local law plans shall
   27  be conducted by an enrolled actuary as provided in s.
   28  175.261(2).
   29         (18)(17) “Supplemental plan” means a plan to which deposits
   30  are made to provide extra benefits for firefighters, or for
   31  firefighters and police officers if both are where included,
   32  under this chapter. Such a plan is an element of a local law
   33  plan and exists in conjunction with a defined benefit component
   34  plan that meets the minimum benefits and minimum standards of
   35  this chapter.
   36         Section 2. Paragraph (b) of subsection (7) of section
   37  175.071, Florida Statutes, is amended to read:
   38         175.071 General powers and duties of board of trustees.—For
   39  any municipality, special fire control district, chapter plan,
   40  local law municipality, local law special fire control district,
   41  or local law plan under this chapter:
   42         (7) To assist the board in meeting its responsibilities
   43  under this chapter, the board, if it so elects, may:
   44         (b) Employ an independent enrolled actuary, as defined in
   45  s. 175.032(7), at the pension fund’s expense.
   46  
   47  If the board chooses to use the municipality’s or special
   48  district’s legal counsel or actuary, or chooses to use any of
   49  the municipality’s or special district’s other professional,
   50  technical, or other advisers, it must do so only under terms and
   51  conditions acceptable to the board.
   52         Section 3. Section 175.351, Florida Statutes, is amended to
   53  read:
   54         175.351 Municipalities and special fire control districts
   55  having their own pension plans for firefighters.—For any
   56  municipality, special fire control district, local law
   57  municipality, local law special fire control district, or local
   58  law plan under this chapter, In order for a municipality or
   59  municipalities and special fire control district that has its
   60  districts with their own pension plan plans for firefighters, or
   61  for firefighters and police officers if both are included, to
   62  participate in the distribution of the tax fund established
   63  under pursuant to s. 175.101, a local law plan and its plan
   64  sponsor plans must meet the minimum benefits and minimum
   65  standards set forth in this chapter.
   66         (1) As used in this section, the term:
   67         (a) “Additional premium tax revenues” means revenues
   68  received by a municipality or special fire control district
   69  pursuant to s. 175.121 which exceed base premium tax revenues.
   70         (b) “Base benefits” means those benefits in existence for
   71  firefighters on March 12, 1999.
   72         (c) “Base premium tax revenues” means revenues received by
   73  a municipality or special fire control district pursuant to s.
   74  175.121 equal to the amount of such revenues received for
   75  calendar year 1997.
   76         (d) “Extra benefits” means benefits in addition to or
   77  greater than those provided to general employees of the
   78  municipality and in addition to those in existence for
   79  firefighters on March 12, 1999.
   80         (2)(1) If a municipality has a pension plan for
   81  firefighters, or a pension plan for firefighters and police
   82  officers if both are included, which in the opinion of the
   83  division meets the minimum benefits and minimum standards set
   84  forth in this chapter, the board of trustees of the pension
   85  plan, as approved by a majority of firefighters of the
   86  municipality, must may:
   87         (a) place the income from the premium tax in s. 175.101 in
   88  such pension plan for the sole and exclusive use of its
   89  firefighters, or for firefighters and police officers if both
   90  are included, where it shall become an integral part of that
   91  pension plan and shall be used to fund benefits for firefighters
   92  as follows:
   93         (a) The base premium tax revenues must be used to fund base
   94  benefits.
   95         (b) Additional premium tax revenues must be used to fund:
   96         1. Any minimum benefits that were not included in the base
   97  benefits; and
   98         2. Any extra benefits that were added after March 12, 1999,
   99  except as provided in subsection (4) to pay extra benefits to
  100  the firefighters included in that pension plan; or
  101         (b) Place the income from the premium tax in s. 175.101 in
  102  a separate supplemental plan to pay extra benefits to
  103  firefighters, or to firefighters and police officers if
  104  included, participating in such separate supplemental plan.
  105         (3) Insurance premium tax revenues may not be used to fund
  106  benefits provided in a defined benefit plan which were not
  107  provided by the plan as of March 1, 2013.
  108         (4) If a plan offers extra benefits, such benefits may be
  109  reduced if the plan continues to meet the base benefits of the
  110  plan and the minimum standards set forth in this chapter. Fifty
  111  percent of the amount of insurance premium tax revenues
  112  previously used to fund extra benefits before the reduction must
  113  be used as additional contributions to fund the plan’s actuarial
  114  deficiency, and the remaining 50 percent must be used to fund
  115  the base benefits.
  116         (5)(2) The premium tax provided by this chapter shall in
  117  all cases be used in its entirety to provide retirement extra
  118  benefits to firefighters, or to firefighters and police officers
  119  if both are included. However, local law plans in effect on
  120  October 1, 1998, must comply with the minimum benefit provisions
  121  of this chapter only to the extent that additional premium tax
  122  revenues become available to incrementally fund the cost of such
  123  compliance as provided in s. 175.162(2)(a). If a plan is in
  124  compliance with such minimum benefit provisions, as subsequent
  125  additional premium tax revenues become available, they must be
  126  used to provide extra benefits. Local law plans created by
  127  special act before May 27, 1939, are deemed to comply with this
  128  chapter. For the purpose of this chapter, the term:
  129         (a) “Additional premium tax revenues” means revenues
  130  received by a municipality or special fire control district
  131  pursuant to s. 175.121 which exceed that amount received for
  132  calendar year 1997.
  133         (b) “Extra benefits” means benefits in addition to or
  134  greater than those provided to general employees of the
  135  municipality and in addition to those in existence for
  136  firefighters on March 12, 1999.
  137         (6)(3) A retirement plan or amendment to a retirement plan
  138  may not be proposed for adoption unless the proposed plan or
  139  amendment contains an actuarial estimate of the costs involved.
  140  Such proposed plan or proposed plan change may not be adopted
  141  without the approval of the municipality, special fire control
  142  district, or, where permitted, the Legislature. Copies of the
  143  proposed plan or proposed plan change and the actuarial impact
  144  statement of the proposed plan or proposed plan change shall be
  145  furnished to the division before the last public hearing
  146  thereon. Such statement must also indicate whether the proposed
  147  plan or proposed plan change is in compliance with s. 14, Art. X
  148  of the State Constitution and those provisions of part VII of
  149  chapter 112 which are not expressly provided in this chapter.
  150  Notwithstanding any other provision, only those local law plans
  151  created by special act of legislation before May 27, 1939, are
  152  deemed to meet the minimum benefits and minimum standards only
  153  in this chapter.
  154         (7)(4) Notwithstanding any other provision, with respect to
  155  any supplemental plan municipality:
  156         (a) A local law plan and a supplemental plan may continue
  157  to use their definition of compensation or salary in existence
  158  on March 12, 1999.
  159         (b) Section 175.061(1)(b) does not apply, and a local law
  160  plan and a supplemental plan shall continue to be administered
  161  by a board or boards of trustees numbered, constituted, and
  162  selected as the board or boards were numbered, constituted, and
  163  selected on December 1, 2000.
  164         (c) The election set forth in paragraph (1)(b) is deemed to
  165  have been made.
  166         (8)(5) The retirement plan setting forth the benefits and
  167  the trust agreement, if any, covering the duties and
  168  responsibilities of the trustees and the regulations of the
  169  investment of funds must be in writing, and copies made
  170  available to the participants and to the general public.
  171         Section 4. Present subsections (7) through (16) of section
  172  185.02, Florida Statutes, are renumbered as subsections (8)
  173  through (17), respectively, a new subsection (7) is added to
  174  that section, and subsection (4), paragraph (c) of subsection
  175  (5), and present subsections (10) and (15) of that section are
  176  amended, to read:
  177         185.02 Definitions.—For any municipality, chapter plan,
  178  local law municipality, or local law plan under this chapter,
  179  the following words and phrases as used in this chapter shall
  180  have the following meanings, unless a different meaning is
  181  plainly required by the context:
  182         (4) “Compensation” or “salary” means, for noncollectively
  183  bargained service earned before July 1, 2011, or for service
  184  earned under collective bargaining agreements in place before
  185  July 1, 2011, the total cash remuneration including “overtime”
  186  paid by the primary employer to a police officer for services
  187  rendered, but not including any payments for extra duty or
  188  special detail work performed on behalf of a second party
  189  employer. A local law plan may limit the amount of overtime
  190  payments which can be used for retirement benefit calculation
  191  purposes; however, such overtime limit may not be less than 300
  192  hours per officer per calendar year. For noncollectively
  193  bargained service earned on or after July 1, 2011, or for
  194  service earned under collective bargaining agreements entered
  195  into on or after July 1, 2011, the term has the same meaning
  196  except that when calculating retirement benefits, up to 300
  197  hours per year in overtime compensation may be included as
  198  specified in the plan or collective bargaining agreement, but
  199  payments for accrued unused sick or annual leave may not be
  200  included.
  201         (a) Any retirement trust fund or plan that meets the
  202  requirements of this chapter does not, solely by virtue of this
  203  subsection, reduce or diminish the monthly retirement income
  204  otherwise payable to each police officer covered by the
  205  retirement trust fund or plan.
  206         (b) The member’s compensation or salary contributed as
  207  employee-elective salary reductions or deferrals to any salary
  208  reduction, deferred compensation, or tax-sheltered annuity
  209  program authorized under the Internal Revenue Code shall be
  210  deemed to be the compensation or salary the member would receive
  211  if he or she were not participating in such program and shall be
  212  treated as compensation for retirement purposes under this
  213  chapter.
  214         (c) For any person who first becomes a member in any plan
  215  year beginning on or after January 1, 1996, compensation for
  216  that plan year may not include any amounts in excess of the
  217  Internal Revenue Code s. 401(a)(17) limitation, as amended by
  218  the Omnibus Budget Reconciliation Act of 1993, which limitation
  219  of $150,000 shall be adjusted as required by federal law for
  220  qualified government plans and shall be further adjusted for
  221  changes in the cost of living in the manner provided by Internal
  222  Revenue Code s. 401(a)(17)(B). For any person who first became a
  223  member before the first plan year beginning on or after January
  224  1, 1996, the limitation on compensation may not be less than the
  225  maximum compensation amount that was allowed to be taken into
  226  account under the plan as in effect on July 1, 1993, which
  227  limitation shall be adjusted for changes in the cost of living
  228  since 1989 in the manner provided by Internal Revenue Code s.
  229  401(a)(17)(1991).
  230         (5) “Creditable service” or “credited service” means the
  231  aggregate number of years of service and fractional parts of
  232  years of service of any police officer, omitting intervening
  233  years and fractional parts of years when such police officer may
  234  not have been employed by the municipality subject to the
  235  following conditions:
  236         (c) Credited service under this chapter shall be provided
  237  only for service as a police officer, as defined in subsection
  238  (11), or for military service and may not include credit for any
  239  other type of service. A municipality may, by local ordinance,
  240  may provide for the purchase of credit for military service
  241  occurring before employment as well as prior service as a police
  242  officer for some other employer as long as the police officer is
  243  not entitled to receive a benefit for such other prior service
  244  as a police officer. For purposes of determining credit for
  245  prior service, in addition to service as a police officer in
  246  this state, credit may be given for federal, other state, or
  247  county service as long as such service is recognized by the
  248  Criminal Justice Standards and Training Commission within the
  249  Department of Law Enforcement as provided under chapter 943 or
  250  the police officer provides proof to the board of trustees that
  251  such service is equivalent to the service required to meet the
  252  definition of a police officer under subsection (12) (11).
  253         (7) “Defined contribution plan” means the component of a
  254  local law plan to which deposits are made to provide benefits
  255  for police officers, or for police officers and firefighters if
  256  both are included. Such component is an element of a local law
  257  plan and exists in conjunction with the defined benefit
  258  component that meets the minimum benefits and minimum standards
  259  of this chapter. The retirement benefits of the defined
  260  contribution plan shall be provided through member-directed
  261  investments, in accordance with s. 401(a), s. 401(k), or s. 457
  262  of the Internal Revenue Code and related regulations.
  263         (11)(10) “Local law plan” means a retirement defined
  264  benefit pension plan, which includes both a defined benefit plan
  265  component and a defined contribution plan component, for police
  266  officers, or for police officers and firefighters if both are,
  267  where included, as described in s. 185.35, established by
  268  municipal ordinance or special act of the Legislature, which
  269  enactment sets forth all plan provisions. Local law plan
  270  provisions may vary from the provisions of this chapter if the,
  271  provided that required minimum benefits and minimum standards of
  272  this chapter are met. However, any such variance must shall
  273  provide a greater benefit for police officers. Actuarial
  274  valuations of local law plans shall be conducted by an enrolled
  275  actuary as provided in s. 185.221(2)(b).
  276         (16)(15) “Supplemental plan” means a plan to which deposits
  277  of the premium tax moneys as provided in s. 185.08 are made to
  278  provide extra benefits to police officers, or police officers
  279  and firefighters if both are where included, under this chapter.
  280  Such a plan is an element of a local law plan and exists in
  281  conjunction with a defined benefit component plan that meets the
  282  minimum benefits and minimum standards of this chapter.
  283         Section 5. Paragraph (b) of subsection (6) of section
  284  185.06, Florida Statutes, is amended to read:
  285         185.06 General powers and duties of board of trustees.—For
  286  any municipality, chapter plan, local law municipality, or local
  287  law plan under this chapter:
  288         (6) To assist the board in meeting its responsibilities
  289  under this chapter, the board, if it so elects, may:
  290         (b) Employ an independent enrolled actuary, as defined in
  291  s. 185.02(8), at the pension fund’s expense.
  292  
  293  If the board chooses to use the municipality’s or special
  294  district’s legal counsel or actuary, or chooses to use any of
  295  the municipality’s other professional, technical, or other
  296  advisers, it must do so only under terms and conditions
  297  acceptable to the board.
  298         Section 6. Section 185.35, Florida Statutes, is amended to
  299  read:
  300         185.35 Municipalities having their own pension plans for
  301  police officers.—For any municipality, chapter plan, local law
  302  municipality, or local law plan under this chapter, In order for
  303  a municipality municipalities with its their own retirement plan
  304  pension plans for police officers, or for police officers and
  305  firefighters if both are included, to participate in the
  306  distribution of the tax fund established under pursuant to s.
  307  185.08, a local law plan and its plan sponsor plans must meet
  308  the minimum benefits and minimum standards set forth in this
  309  chapter:
  310         (1) As used in this section, the term:
  311         (a) “Additional premium tax revenues” means revenues
  312  received by a municipality pursuant to s. 185.10 which exceed
  313  base premium tax revenues.
  314         (b) “Base benefits” means benefits in existence for police
  315  officers on March 12, 1999.
  316         (c) “Base premium tax revenues” means revenues received by
  317  a municipality pursuant to s. 185.10 equal to the amount of such
  318  revenues received for calendar year 1997.
  319         (d) “Extra benefits” means benefits in addition to or
  320  greater than those provided to general employees of the
  321  municipality and in addition to those in existence for police
  322  officers on March 12, 1999.
  323         (2)(1) If a municipality has a retirement pension plan for
  324  police officers, or for police officers and firefighters if both
  325  are included, which, in the opinion of the division, meets the
  326  minimum benefits and minimum standards set forth in this
  327  chapter, the board of trustees of the pension plan, as approved
  328  by a majority of police officers of the municipality, must may:
  329         (a) place the income from the premium tax in s. 185.08 in
  330  such pension plan for the sole and exclusive use of its police
  331  officers, or its police officers and firefighters if included,
  332  where it shall become an integral part of that pension plan and
  333  shall be used to fund benefits for police officers as follows:
  334         (a) The base premium tax revenues must be used to fund base
  335  benefits.
  336         (b) Additional premium tax revenues must be used to fund:
  337         1. Any minimum benefits that were not included in the base
  338  benefits; and
  339         2. Any extra benefits that were added after March 12, 1999,
  340  except as provided in subsection (4) pay extra benefits to the
  341  police officers included in that pension plan; or
  342         (b) May place the income from the premium tax in s. 185.08
  343  in a separate supplemental plan to pay extra benefits to the
  344  police officers, or police officers and firefighters if
  345  included, participating in such separate supplemental plan.
  346         (3) Insurance premium tax revenues may not be used to fund
  347  benefits provided in a defined benefit plan which were not
  348  provided by the plan as of March 1, 2013.
  349         (4) If a plan offers extra benefits, such benefits may be
  350  reduced if the plan continues to meet the base benefits of the
  351  plan and the minimum standards set forth in this chapter. Fifty
  352  percent of the amount of insurance premium tax revenues
  353  previously used to fund extra benefits before the reduction must
  354  be used as additional contributions to fund the plan’s actuarial
  355  deficiency, and the remaining 50 percent must be used to fund
  356  the base benefits.
  357         (5)(2) The premium tax provided by this chapter shall in
  358  all cases be used in its entirety to provide extra benefits to
  359  police officers, or to police officers and firefighters if both
  360  are included. However, local law plans in effect on October 1,
  361  1998, must comply with the minimum benefit provisions of this
  362  chapter only to the extent that additional premium tax revenues
  363  become available to incrementally fund the cost of such
  364  compliance as provided in s. 185.16(2). If a plan is in
  365  compliance with such minimum benefit provisions, as subsequent
  366  additional tax revenues become available, they shall be used to
  367  provide extra benefits. Local law plans created by special act
  368  before May 27, 1939, shall be deemed to comply with this
  369  chapter. For the purpose of this chapter, the term:
  370         (a) “Additional premium tax revenues” means revenues
  371  received by a municipality pursuant to s. 185.10 which exceed
  372  the amount received for calendar year 1997.
  373         (b) “Extra benefits” means benefits in addition to or
  374  greater than those provided to general employees of the
  375  municipality and in addition to those in existence for police
  376  officers on March 12, 1999.
  377         (6)(3) A retirement plan or amendment to a retirement plan
  378  may not be proposed for adoption unless the proposed plan or
  379  amendment contains an actuarial estimate of the costs involved.
  380  Such proposed plan or proposed plan change may not be adopted
  381  without the approval of the municipality or, where permitted,
  382  the Legislature. Copies of the proposed plan or proposed plan
  383  change and the actuarial impact statement of the proposed plan
  384  or proposed plan change shall be furnished to the division
  385  before the last public hearing thereon. Such statement must also
  386  indicate whether the proposed plan or proposed plan change is in
  387  compliance with s. 14, Art. X of the State Constitution and
  388  those provisions of part VII of chapter 112 which are not
  389  expressly provided in this chapter. Notwithstanding any other
  390  provision, only those local law plans created by special act of
  391  legislation before May 27, 1939, are deemed to meet the minimum
  392  benefits and minimum standards only in this chapter.
  393         (7)(4) Notwithstanding any other provision, with respect to
  394  any supplemental plan municipality:
  395         (a) Section 185.02(4)(a) does not apply, and a local law
  396  plan and a supplemental plan may continue to use their
  397  definition of compensation or salary in existence on March 12,
  398  1999.
  399         (b) A local law plan and a supplemental plan must continue
  400  to be administered by a board or boards of trustees numbered,
  401  constituted, and selected as the board or boards were numbered,
  402  constituted, and selected on December 1, 2000.
  403         (c) The election set forth in paragraph (1)(b) is deemed to
  404  have been made.
  405         (8)(5) The retirement plan setting forth the benefits and
  406  the trust agreement, if any, covering the duties and
  407  responsibilities of the trustees and the regulations of the
  408  investment of funds must be in writing and copies made available
  409  to the participants and to the general public.
  410  
  411  ================= T I T L E  A M E N D M E N T ================
  412         And the title is amended as follows:
  413         Delete lines 7 - 36
  414  and insert:
  415         reference; amending s. 175.351, F.S., relating to
  416         municipalities and special fire control districts that
  417         have their own pension plans and want to participate
  418         in the distribution of a tax fund; revising
  419         definitions; revising how income from the premium tax
  420         must be used; amending s. 185.02, F.S.; revising
  421         definitions to conform to changes made by the act and
  422         adding a definition of the term “defined contribution
  423         plan”; deleting a provision allowing a local law plan
  424         to limit the amount of overtime payments which can be
  425         used for retirement benefit calculations; amending s.
  426         185.06, F.S.; conforming a cross-reference; amending
  427         s. 185.35, F.S., relating to municipalities that have
  428         their own pension plans for police officers and want
  429         to participate in the distribution of a tax fund;
  430         revising definitions; revising how income from the
  431         premium tax must be used;