Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 246
       
       
       
       
       
       
                                Ì835150vÎ835150                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/11/2014           .                                
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       following:
       
    1         Senate Substitute for Amendment (966054) (with title
    2  amendment)
    3  
    4         Delete lines 61 - 624
    5  and insert:
    6         Section 1. Subsection (2) of section 175.021, Florida
    7  Statutes, is amended to read:
    8         175.021 Legislative declaration.—
    9         (2) This chapter hereby establishes, for all municipal and
   10  special district pension plans existing now or hereafter under
   11  this chapter, including chapter plans and local law plans,
   12  minimum benefits and minimum standards for the operation and
   13  funding of such plans, hereinafter referred to as firefighters’
   14  pension trust funds, which must be met as a condition precedent
   15  to the plan or plan sponsor receiving a distribution of
   16  insurance premium tax revenues under s. 175.121. The minimum
   17  benefits and minimum standards for each plan as set forth in
   18  this chapter may not be diminished by local charter, ordinance,
   19  or resolution or by special act of the Legislature and may not,
   20  nor may the minimum benefits or minimum standards be reduced or
   21  offset by any other local, state, or federal law that includes
   22  may include firefighters in its operation, except as provided
   23  under s. 112.65.
   24         Section 2. Section 175.032, Florida Statutes, is amended to
   25  read:
   26         175.032 Definitions.—For any municipality, special fire
   27  control district, chapter plan, local law municipality, local
   28  law special fire control district, or local law plan under this
   29  chapter, the term following words and phrases have the following
   30  meanings:
   31         (1) “Additional premium tax revenues” means revenues
   32  received by a municipality or special fire control district
   33  pursuant to s. 175.121 which exceed base premium tax revenues.
   34         (2)(1)(a) “Average final compensation” for:
   35         (a) A full-time firefighter means one-twelfth of the
   36  average annual compensation of the 5 best years of the last 10
   37  years of creditable service before prior to retirement,
   38  termination, or death, or the career average as a full-time
   39  firefighter since July 1, 1953, whichever is greater. A year is
   40  shall be 12 consecutive months or such other consecutive period
   41  of time as is used and consistently applied.
   42         (b) “Average final compensation” for A volunteer
   43  firefighter means the average salary of the 5 best years of the
   44  last 10 best contributing years before prior to change in status
   45  to a permanent full-time firefighter or retirement as a
   46  volunteer firefighter or the career average of a volunteer
   47  firefighter, since July 1, 1953, whichever is greater.
   48         (3) “Base premium tax revenues” means the revenues received
   49  by a municipality or special fire control district pursuant to
   50  s. 175.121 for the calendar year 1997.
   51         (4)(2) “Chapter plan” means a separate defined benefit
   52  pension plan for firefighters which incorporates by reference
   53  the provisions of this chapter and has been adopted by the
   54  governing body of a municipality or special district. Except as
   55  may be specifically authorized in this chapter, the provisions
   56  of a chapter plan may not differ from the plan provisions set
   57  forth in ss. 175.021-175.341 and ss. 175.361-175.401. Actuarial
   58  valuations of chapter plans shall be conducted by the division
   59  as provided by s. 175.261(1).
   60         (5)(3) “Compensation” or “salary” means, for
   61  noncollectively bargained service earned before July 1, 2011, or
   62  for service earned under collective bargaining agreements in
   63  place before July 1, 2011, the fixed monthly remuneration paid a
   64  firefighter. If remuneration is based on actual services
   65  rendered, as in the case of a volunteer firefighter, the term
   66  means the total cash remuneration received yearly for such
   67  services, prorated on a monthly basis. For noncollectively
   68  bargained service earned on or after July 1, 2011, or for
   69  service earned under collective bargaining agreements entered
   70  into on or after July 1, 2011, the term has the same meaning
   71  except that when calculating retirement benefits, up to 300
   72  hours per year in overtime compensation may be included as
   73  specified in the plan or collective bargaining agreement, but
   74  payments for accrued unused sick or annual leave may not be
   75  included.
   76         (a) Any retirement trust fund or plan that meets the
   77  requirements of this chapter does not, solely by virtue of this
   78  subsection, reduce or diminish the monthly retirement income
   79  otherwise payable to each firefighter covered by the retirement
   80  trust fund or plan.
   81         (b) The member’s compensation or salary contributed as
   82  employee-elective salary reductions or deferrals to any salary
   83  reduction, deferred compensation, or tax-sheltered annuity
   84  program authorized under the Internal Revenue Code shall be
   85  deemed to be the compensation or salary the member would receive
   86  if he or she were not participating in such program and shall be
   87  treated as compensation for retirement purposes under this
   88  chapter.
   89         (c) For any person who first becomes a member in any plan
   90  year beginning on or after January 1, 1996, compensation for
   91  that plan year may not include any amounts in excess of the
   92  Internal Revenue Code s. 401(a)(17) limitation, as amended by
   93  the Omnibus Budget Reconciliation Act of 1993, which limitation
   94  of $150,000 shall be adjusted as required by federal law for
   95  qualified government plans and shall be further adjusted for
   96  changes in the cost of living in the manner provided by Internal
   97  Revenue Code s. 401(a)(17)(B). For any person who first became a
   98  member before the first plan year beginning on or after January
   99  1, 1996, the limitation on compensation may not be less than the
  100  maximum compensation amount that was allowed to be taken into
  101  account under the plan in effect on July 1, 1993, which
  102  limitation shall be adjusted for changes in the cost of living
  103  since 1989 in the manner provided by Internal Revenue Code s.
  104  401(a)(17)(1991).
  105         (6)(4) “Creditable service” or “credited service” means the
  106  aggregate number of years of service, and fractional parts of
  107  years of service, of any firefighter, omitting intervening years
  108  and fractional parts of years when such firefighter may not have
  109  been employed by the municipality or special fire control
  110  district, subject to the following conditions:
  111         (a) A No firefighter may not will receive credit for years
  112  or fractional parts of years of service if he or she has
  113  withdrawn his or her contributions to the fund for those years
  114  or fractional parts of years of service, unless the firefighter
  115  repays into the fund the amount he or she has withdrawn, plus
  116  interest determined by the board. The member shall have at least
  117  90 days after his or her reemployment to make repayment.
  118         (b) A firefighter may voluntarily leave his or her
  119  contributions in the fund for a period of 5 years after leaving
  120  the employ of the fire department, pending the possibility of
  121  being rehired by the same department, without losing credit for
  122  the time he or she has participated actively as a firefighter.
  123  If the firefighter is not reemployed as a firefighter, with the
  124  same department, within 5 years, his or her contributions shall
  125  be returned without interest.
  126         (c) Credited service under this chapter shall be provided
  127  only for service as a firefighter, as defined in subsection (8),
  128  or for military service and does not include credit for any
  129  other type of service. A municipality may, by local ordinance,
  130  or a special fire control district may, by resolution, may
  131  provide for the purchase of credit for military service prior to
  132  employment as well as for prior service as a firefighter for
  133  some other employer as long as a firefighter is not entitled to
  134  receive a benefit for such prior service as a firefighter. For
  135  purposes of determining credit for prior service as a
  136  firefighter, in addition to service as a firefighter in this
  137  state, credit may be given for federal, other state, or county
  138  service if the prior service is recognized by the Division of
  139  State Fire Marshal as provided in under chapter 633, or the
  140  firefighter provides proof to the board of trustees that his or
  141  her service is equivalent to the service required to meet the
  142  definition of a firefighter under subsection (11) (8).
  143         (d) In determining the creditable service of any
  144  firefighter, credit for up to 5 years of the time spent in the
  145  military service of the Armed Forces of the United States shall
  146  be added to the years of actual service if:
  147         1. The firefighter is in the active employ of an employer
  148  immediately prior to such service and leaves a position, other
  149  than a temporary position, for the purpose of voluntary or
  150  involuntary service in the Armed Forces of the United States.
  151         2. The firefighter is entitled to reemployment under the
  152  provisions of the Uniformed Services Employment and Reemployment
  153  Rights Act.
  154         3. The firefighter returns to his or her employment as a
  155  firefighter of the municipality or special fire control district
  156  within 1 year from the date of release from such active service.
  157         (7)(5) “Deferred Retirement Option Plan” or “DROP” means a
  158  local law plan retirement option in which a firefighter may
  159  elect to participate. A firefighter may retire for all purposes
  160  of the plan and defer receipt of retirement benefits into a DROP
  161  account while continuing employment with his or her employer.
  162  However, a firefighter who enters the DROP and who is otherwise
  163  eligible to participate may shall not thereby be precluded from
  164  participation or continued participation participating, or
  165  continuing to participate, in a supplemental plan in existence
  166  on, or created after, March 12, 1999 the effective date of this
  167  act.
  168         (8) “Defined contribution plan” means the component of a
  169  local law plan, as provided in s. 175.351(1), to which deposits,
  170  if any, are made to provide benefits for firefighters, or for
  171  firefighters and police officers if both are included. Such
  172  component is an element of a local law plan and exists in
  173  conjunction with the defined benefit component that meets the
  174  minimum benefits and minimum standards of this chapter. The
  175  retirement benefits, if any, of the defined contribution plan
  176  shall be provided through individual member accounts in
  177  accordance with the applicable provisions of the Internal
  178  Revenue Code and related regulations and are limited to the
  179  contributions, if any, made into each member’s account and the
  180  actual accumulated earnings, net of expenses, earned on the
  181  member’s account.
  182         (9)(6) “Division” means the Division of Retirement of the
  183  Department of Management Services.
  184         (10)(7) “Enrolled actuary” means an actuary who is enrolled
  185  under Subtitle C of Title III of the Employee Retirement Income
  186  Security Act of 1974 and who is a member of the Society of
  187  Actuaries or the American Academy of Actuaries.
  188         (11)(8)(a) “Firefighter” means a person employed solely by
  189  a constituted fire department of any municipality or special
  190  fire control district who is certified as a firefighter as a
  191  condition of employment in accordance with s. 633.408 and whose
  192  duty it is to extinguish fires, to protect life, or to protect
  193  property. The term includes all certified, supervisory, and
  194  command personnel whose duties include, in whole or in part, the
  195  supervision, training, guidance, and management responsibilities
  196  of full-time firefighters, part-time firefighters, or auxiliary
  197  firefighters but does not include part-time firefighters or
  198  auxiliary firefighters. However, for purposes of this chapter
  199  only, the term also includes public safety officers who are
  200  responsible for performing both police and fire services, who
  201  are certified as police officers or firefighters, and who are
  202  certified by their employers to the Chief Financial Officer as
  203  participating in this chapter before October 1, 1979. Effective
  204  October 1, 1979, public safety officers who have not been
  205  certified as participating in this chapter are considered police
  206  officers for retirement purposes and are eligible to participate
  207  in chapter 185. Any plan may provide that the fire chief has an
  208  option to participate, or not, in that plan.
  209         (b) “Volunteer firefighter” means any person whose name is
  210  carried on the active membership roll of a constituted volunteer
  211  fire department or a combination of a paid and volunteer fire
  212  department of any municipality or special fire control district
  213  and whose duty it is to extinguish fires, to protect life, and
  214  to protect property. Compensation for services rendered by a
  215  volunteer firefighter does shall not disqualify him or her as a
  216  volunteer. A person may shall not be disqualified as a volunteer
  217  firefighter solely because he or she has other gainful
  218  employment. Any person who volunteers assistance at a fire but
  219  is not an active member of a department described herein is not
  220  a volunteer firefighter within the meaning of this paragraph.
  221         (12)(9) “Firefighters’ Pension Trust Fund” means a trust
  222  fund, by whatever name known, as provided under s. 175.041, for
  223  the purpose of assisting municipalities and special fire control
  224  districts in establishing and maintaining a retirement plan for
  225  firefighters.
  226         (13)(10) “Local law municipality” is any municipality in
  227  which there exists a local law plan exists.
  228         (14)(11) “Local law plan” means a retirement defined
  229  benefit pension plan, which includes both a defined benefit plan
  230  component and a defined contribution plan component, for
  231  firefighters, or for firefighters and or police officers if both
  232  are where included, as described in s. 175.351, established by
  233  municipal ordinance, special district resolution, or special act
  234  of the Legislature, which enactment sets forth all plan
  235  provisions. Local law plan provisions may vary from the
  236  provisions of this chapter if the, provided that required
  237  minimum benefits and minimum standards of this chapter are met.
  238  However, any such variance must shall provide a greater benefit
  239  for firefighters. Actuarial valuations of local law plans shall
  240  be conducted by an enrolled actuary as provided in s.
  241  175.261(2).
  242         (15)(12) “Local law special fire control district” means is
  243  any special fire control district in which there exists a local
  244  law plan exists.
  245         (16) “Minimum benefits” means the benefits set forth in ss.
  246  175.021-175.341 and ss. 175.361-175.401.
  247         (17) “Minimum standards” means the standards set forth in
  248  ss. 175.021-175.341 and ss. 175.361-175.401.
  249         (18)(13) “Property insurance” means property insurance as
  250  defined in s. 624.604 and covers real and personal property
  251  within the corporate limits of a any municipality, or within the
  252  boundaries of a any special fire control district, within the
  253  state. The term “multiple peril” means a combination or package
  254  policy that includes both property and casualty coverage for a
  255  single premium.
  256         (19)(14) “Retiree” or “retired firefighter” means a
  257  firefighter who has entered retirement status. For the purposes
  258  of a plan that includes a Deferred Retirement Option Plan
  259  (DROP), a firefighter who enters the DROP is shall be considered
  260  a retiree for all purposes of the plan. However, a firefighter
  261  who enters the DROP and who is otherwise eligible to participate
  262  may shall not thereby be precluded from participation or
  263  continued participation participating, or continuing to
  264  participate, in a supplemental plan in existence on, or created
  265  after, March 12, 1999 the effective date of this act.
  266         (20)(15) “Retirement” means a firefighter’s separation from
  267  municipal city or fire district employment as a firefighter with
  268  immediate eligibility for receipt of benefits under the plan.
  269  For purposes of a plan that includes a Deferred Retirement
  270  Option Plan (DROP), “retirement” means the date a firefighter
  271  enters the DROP.
  272         (21) “Special act plan” means a plan subject to the
  273  provisions of this chapter which was created by an act of the
  274  Legislature and continues to require an act of the Legislature
  275  to alter plan benefits.
  276         (22) “Special benefits” means benefits provided in a
  277  defined contribution plan for firefighters.
  278         (23)(16) “Special fire control district” means a special
  279  district, as defined in s. 189.403(1), established for the
  280  purposes of extinguishing fires, protecting life, and protecting
  281  property within the incorporated or unincorporated portions of a
  282  any county or combination of counties, or within any combination
  283  of incorporated and unincorporated portions of a any county or
  284  combination of counties. The term does not include any dependent
  285  or independent special district, as those terms are defined in
  286  s. 189.403, whose s. 189.403(2) and (3), respectively, the
  287  employees of which are members of the Florida Retirement System
  288  pursuant to s. 121.051(1) or (2).
  289         (24)(17) “Supplemental plan” means a plan to which deposits
  290  are made to provide extra benefits for firefighters, or for
  291  firefighters and police officers if both are where included
  292  under this chapter. Such a plan is an element of a local law
  293  plan and exists in conjunction with a defined benefit component
  294  plan that meets the minimum benefits and minimum standards of
  295  this chapter. Any supplemental plan in existence on March 1,
  296  2014, shall be deemed to be a defined contribution plan in
  297  compliance with s. 175.351(6).
  298         (25)(18) “Supplemental plan municipality” means a any local
  299  law municipality in which any there existed a supplemental plan
  300  existed, of any type or nature, as of December 1, 2000.
  301         Section 3. Subsection (7) of section 175.071, Florida
  302  Statutes, is amended to read:
  303         175.071 General powers and duties of board of trustees.—For
  304  any municipality, special fire control district, chapter plan,
  305  local law municipality, local law special fire control district,
  306  or local law plan under this chapter:
  307         (7) To assist the board in meeting its responsibilities
  308  under this chapter, the board, if it so elects, may:
  309         (a) Employ independent legal counsel at the pension fund’s
  310  expense.
  311         (b) Employ an independent enrolled actuary, as defined in
  312  s. 175.032(7), at the pension fund’s expense.
  313         (c) Employ such independent professional, technical, or
  314  other advisers as it deems necessary at the pension fund’s
  315  expense.
  316  
  317  If the board chooses to use the municipality’s or special
  318  district’s legal counsel or actuary, or chooses to use any of
  319  the municipality’s or special district’s other professional,
  320  technical, or other advisers, it must do so only under terms and
  321  conditions acceptable to the board.
  322         Section 4. Paragraph (d) of subsection (1) of section
  323  175.091, Florida Statutes, is amended to read:
  324         175.091 Creation and maintenance of fund.—For any
  325  municipality, special fire control district, chapter plan, local
  326  law municipality, local law special fire control district, or
  327  local law plan under this chapter:
  328         (1) The firefighters’ pension trust fund in each
  329  municipality and in each special fire control district shall be
  330  created and maintained in the following manner:
  331         (d) By mandatory payment by the municipality or special
  332  fire control district of a sum equal to the normal cost of and
  333  the amount required to fund any actuarial deficiency shown by an
  334  actuarial valuation conducted under as provided in part VII of
  335  chapter 112 after taking into account the amounts described in
  336  paragraphs (b), (c), (e), (f), and (g) and the tax proceeds
  337  described in paragraph (a) which are used to fund defined
  338  benefit plan benefits.
  339  
  340  Nothing in this section shall be construed to require adjustment
  341  of member contribution rates in effect on the date this act
  342  becomes a law, including rates that exceed 5 percent of salary,
  343  provided that such rates are at least one-half of 1 percent of
  344  salary.
  345         Section 5. Paragraph (a) of subsection (2) of section
  346  175.162, Florida Statutes, is amended to read:
  347         175.162 Requirements for retirement.—For any municipality,
  348  special fire control district, chapter plan, local law
  349  municipality, local law special fire control district, or local
  350  law plan under this chapter, any firefighter who completes 10 or
  351  more years of creditable service as a firefighter and attains
  352  age 55, or completes 25 years of creditable service as a
  353  firefighter and attains age 52, and who for such minimum period
  354  has been a member of the firefighters’ pension trust fund
  355  operating under a chapter plan or local law plan, is eligible
  356  for normal retirement benefits. Normal retirement under the plan
  357  is retirement from the service of the municipality or special
  358  fire control district on or after the normal retirement date. In
  359  such event, payment of retirement income will be governed by the
  360  following provisions of this section:
  361         (2)(a)1. The amount of monthly retirement income payable to
  362  a full-time firefighter who retires on or after his or her
  363  normal retirement date shall be an amount equal to the number of
  364  his or her years of credited service multiplied by 2.75 2
  365  percent of his or her average final compensation as a full-time
  366  firefighter. However, if current state contributions pursuant to
  367  this chapter are not adequate to fund the additional benefits to
  368  meet the minimum requirements in this chapter, only such
  369  incremental increases shall be required as state moneys are
  370  adequate to provide. Such increments shall be provided as state
  371  moneys become available.
  372         2. Effective July 1, 2014, a plan that is in compliance
  373  with this chapter except that the plan provides a benefit that
  374  is less than 2.75 percent of the average final compensation of a
  375  full-time firefighter, as defined in section 175.162(2)(a)1.,
  376  must maintain, at a minimum, the percentage amount in effect on
  377  July 1, 2014, and is not required to increase the benefit to
  378  2.75 percent of the average final compensation of a full-time
  379  firefighter.
  380         3. Effective July 1, 2014, a plan that is in compliance
  381  with this chapter except that the plan provides a benefit that
  382  is less than 2.75 percent of the average final compensation of a
  383  full-time firefighter, as defined in section 175.162(2)(a)1.,
  384  and that changes its accrual rate to 2.75 percent, or greater,
  385  of the average final compensation of a full-time firefighter, as
  386  defined in section 175.162(2)(a)1., may not thereafter decrease
  387  the accrual rate to less than 2.75 percent of the average final
  388  compensation of a full-time firefighter as defined in section
  389  175.162(2)(a)1.
  390         Section 6. Section 175.351, Florida Statutes, is amended to
  391  read:
  392         175.351 Municipalities and special fire control districts
  393  that have having their own pension plans for firefighters.—For
  394  any municipality, special fire control district, local law
  395  municipality, local law special fire control district, or local
  396  law plan under this chapter, In order for a municipality or
  397  municipalities and special fire control district that has its
  398  districts with their own pension plan plans for firefighters, or
  399  for firefighters and police officers if both are included, to
  400  participate in the distribution of the tax fund established
  401  under pursuant to s. 175.101, a local law plan plans must meet
  402  the minimum benefits and minimum standards set forth in this
  403  chapter.
  404         (1) If a municipality has a pension plan for firefighters,
  405  or a pension plan for firefighters and police officers if both
  406  are included, which in the opinion of the division meets the
  407  minimum benefits and minimum standards set forth in this
  408  chapter, the board of trustees of the pension plan must, as
  409  approved by a majority of firefighters of the municipality, may:
  410         (a) place the income from the premium tax in s. 175.101 in
  411  such pension plan for the sole and exclusive use of its
  412  firefighters, or for firefighters and police officers if both
  413  are included, where it shall become an integral part of that
  414  pension plan and shall be used to fund benefits as provided
  415  herein. Effective October 1, 2014, for noncollectively bargained
  416  service or upon entering into a collective bargaining agreement
  417  on or after July 1, 2014:
  418         (a) The base premium tax revenues must be used to fund
  419  minimum benefits or other retirement benefits in excess of the
  420  minimum benefits as determined by the municipality or special
  421  fire control district.
  422         (b) Of the additional premium tax revenues received which
  423  are in excess of the amount received for the 2013 calendar year,
  424  50 percent must be used to fund minimum benefits or other
  425  retirement benefits in excess of the minimum benefits as
  426  determined by the municipality or special fire control district,
  427  and 50 percent must be placed in a defined contribution plan to
  428  fund special benefits.
  429         (c) Additional premium tax revenues not described in
  430  paragraph (b) must be used to fund benefits that are not
  431  included in the minimum benefits. If the additional premium tax
  432  revenues subject to this paragraph exceed the full cost of
  433  benefits provided through the plan which are in excess of the
  434  minimum benefits, any amount in excess of the full cost must be
  435  used as provided in paragraph (b).
  436         (d) Any accumulations of additional premium tax revenues
  437  which have not been applied to fund benefits in excess of the
  438  minimum benefits may be allocated by mutual consent as provided
  439  in paragraph (g). If such accumulations are not allocated by
  440  mutual consent, 50 percent of the amount of the accumulations
  441  must be used to fund special benefits and 50 percent must be
  442  applied to fund any unfunded actuarial liabilities of the plan
  443  to pay extra benefits to the firefighters included in that
  444  pension plan; or
  445         (b) Place the income from the premium tax in s. 175.101 in
  446  a separate supplemental plan to pay extra benefits to
  447  firefighters, or to firefighters and police officers if
  448  included, participating in such separate supplemental plan.
  449         (e) For a plan created after March 1, 2014, 50 percent of
  450  the insurance premium tax revenues must be used to fund defined
  451  benefit plan component benefits, with the remainder used to fund
  452  defined contribution plan component benefits.
  453         (f) If a plan offers benefits in excess of the minimum
  454  benefits, excluding supplemental plan benefits in effect as of
  455  September 30, 2013, such benefits may be reduced if the plan
  456  continues to meet the minimum benefits and the minimum standards
  457  set forth in this chapter. The amount of insurance premium tax
  458  revenues previously used to fund benefits in excess of minimum
  459  benefits, excluding supplemental plan benefits in effect as of
  460  September 30, 2013, before the reduction must be used as
  461  provided in paragraph (b). However, benefits in excess of the
  462  minimum benefits may not be reduced if a plan does not meet the
  463  minimum accrual rate of 2.75 percent, or greater, of the average
  464  final compensation of a full-time firefighter, as defined in s.
  465  175.162(2)(a)1.
  466         (g) Notwithstanding any other provision of this subsection,
  467  the use of premium tax revenues, including any accumulations of
  468  additional tax revenues which have not been applied to fund
  469  benefits in excess of the minimum benefits, may deviate from the
  470  provisions of this subsection by mutual consent of the members’
  471  collective bargaining representative or, if none, by majority
  472  consent of the firefighter members of the fund, and by consent
  473  of the municipality or special fire control district, provided
  474  that the plan continues to meet the minimum benefits and minimum
  475  standards of this chapter; however, a plan operating pursuant to
  476  the provisions of this paragraph which does not meet a minimum
  477  benefit as of October 1, 2012, may continue to provide the
  478  benefit that does not meet the minimum benefit at the same
  479  level, but not less than that level, as was provided as of
  480  October 1, 2012, and all other benefit levels must continue to
  481  meet the minimum benefits. Such mutually agreed deviation shall
  482  continue until modified or revoked by subsequent mutual consent
  483  of the members’ collective bargaining representative or, if
  484  none, by a majority of the firefighter members of the fund, and
  485  the municipality or special fire control district. A special act
  486  plan or a plan within a supplemental plan municipality shall be
  487  considered to have mutually consented to such deviation as of
  488  July 1, 2014, regarding the existing arrangement on the use of
  489  premium tax revenues.
  490         (2) The premium tax provided by this chapter shall in all
  491  cases be used in its entirety to provide retirement extra
  492  benefits to firefighters, or to firefighters and police officers
  493  if both are included. However, local law plans in effect on
  494  October 1, 1998, must comply with the minimum benefit provisions
  495  of this chapter only to the extent that additional premium tax
  496  revenues become available to incrementally fund the cost of such
  497  compliance as provided in s. 175.162(2)(a). If a plan is in
  498  compliance with such minimum benefit provisions, as subsequent
  499  additional premium tax revenues become available, they must be
  500  used to provide extra benefits. Local law plans created by
  501  special act before May 27, 1939, are deemed to comply with this
  502  chapter. For the purpose of this chapter, the term:
  503         (a) “Additional premium tax revenues” means revenues
  504  received by a municipality or special fire control district
  505  pursuant to s. 175.121 which exceed that amount received for
  506  calendar year 1997.
  507         (b) “Extra benefits” means benefits in addition to or
  508  greater than those provided to general employees of the
  509  municipality and in addition to those in existence for
  510  firefighters on March 12, 1999.
  511         (3) A retirement plan or amendment to a retirement plan may
  512  not be proposed for adoption unless the proposed plan or
  513  amendment contains an actuarial estimate of the costs involved.
  514  Such proposed plan or proposed plan change may not be adopted
  515  without the approval of the municipality, special fire control
  516  district, or, where required permitted, the Legislature. Copies
  517  of the proposed plan or proposed plan change and the actuarial
  518  impact statement of the proposed plan or proposed plan change
  519  shall be furnished to the division before the last public
  520  hearing on the proposal is held thereon. Such statement must
  521  also indicate whether the proposed plan or proposed plan change
  522  is in compliance with s. 14, Art. X of the State Constitution
  523  and those provisions of part VII of chapter 112 which are not
  524  expressly provided in this chapter. Notwithstanding any other
  525  provision, only those local law plans created by special act of
  526  legislation before May 27, 1939, are deemed to meet the minimum
  527  benefits and minimum standards only in this chapter.
  528         (4) Notwithstanding any other provision, with respect to
  529  any supplemental plan municipality:
  530         (a) A local law plan and a supplemental plan may continue
  531  to use their definition of compensation or salary in existence
  532  on March 12, 1999.
  533         (b) Section 175.061(1)(b) does not apply, and a local law
  534  plan and a supplemental plan shall continue to be administered
  535  by a board or boards of trustees numbered, constituted, and
  536  selected as the board or boards were numbered, constituted, and
  537  selected on December 1, 2000.
  538         (c) The election set forth in paragraph (1)(b) is deemed to
  539  have been made.
  540         (5) The retirement plan setting forth the benefits and the
  541  trust agreement, if any, covering the duties and
  542  responsibilities of the trustees and the regulations of the
  543  investment of funds must be in writing, and copies made
  544  available to the participants and to the general public.
  545         (6) In addition to the defined benefit component of the
  546  local law plan, each plan sponsor must have a defined
  547  contribution plan component within the local law plan by October
  548  1, 2014, for noncollectively bargained service, upon entering
  549  into a collective bargaining agreement on or after July 1, 2014,
  550  or upon the creation date of a new participating plan. Depending
  551  upon the application of subsection (1), a defined contribution
  552  component may or may not receive any funding.
  553         (7) Notwithstanding any other provision of this chapter, a
  554  municipality or special fire control district that has
  555  implemented or proposed changes to a local law plan based on the
  556  municipality’s or district’s reliance on an interpretation of
  557  this chapter by the department on or after August 14, 2012, and
  558  before March 4, 2014, may continue the implemented changes or
  559  continue to implement proposed changes. Such reliance must be
  560  evidenced by a written collective bargaining proposal or
  561  agreement, or formal correspondence between the municipality or
  562  district and the department which describes the specific changes
  563  to the local law plan, with the initial proposal, agreement, or
  564  correspondence from the municipality or district dated before
  565  March 4, 2014. Changes to the local law plan which are otherwise
  566  contrary to the minimum benefits and minimum standards in this
  567  chapter may continue in effect until the earlier of October 1,
  568  2017, or the effective date of a collective bargaining agreement
  569  that is contrary to the changes to the local law plan.
  570  
  571  ================= T I T L E  A M E N D M E N T ================
  572  And the title is amended as follows:
  573         Delete lines 11 - 24
  574  and insert:
  575         the method of creating and maintaining a firefighters’
  576         pension trust fund; amending s. 175.162, F.S.;
  577         deleting a provision basing the availability of
  578         additional benefits in a firefighter pension plan upon
  579         state funding; revising the calculation of monthly
  580         retirement income for a full-time firefighter;
  581         providing that certain firefighter pension plans must
  582         maintain a certain minimum percentage of average final
  583         compensation after a specified date; amending s.
  584         175.351, F.S., relating to municipalities and special
  585         fire control districts that have their own pension
  586         plans and want to participate in the distribution of a
  587         tax fund; revising criteria governing the use of
  588         revenues from the premium tax; authorizing a pension
  589         plan to reduce excess benefits if the plan continues
  590         to meet certain minimum benefits and standards;
  591         providing that the use of premium tax revenues may
  592         deviate from the requirements of ch. 175, F.S., under
  593         certain circumstances; requiring plan sponsors to have
  594         a defined