ENROLLED
       2015 Legislature                    CS for SB 172, 1st Engrossed
       
       
       
       
       
       
                                                              2015172er
    1                                                                   
    2         An act relating to local government pension reform;
    3         amending s. 175.021, F.S.; requiring that firefighter
    4         pension plans meet the requirements of chapter 175,
    5         F.S., in order to receive certain insurance premium
    6         tax revenues; amending s. 175.032, F.S.; revising
    7         definitions to conform to changes made by the act and
    8         providing new definitions; amending s. 175.061, F.S.;
    9         requiring the board of trustees of the firefighters’
   10         pension trust fund to provide a detailed accounting
   11         report of its expenses and to make the report
   12         available; requiring the board to operate under an
   13         administrative expense budget; providing
   14         applicability; amending s. 175.071, F.S.; conforming a
   15         cross-reference; amending s. 175.091, F.S.; revising
   16         the method of creating and maintaining a firefighters’
   17         pension trust fund; amending s. 175.162, F.S.;
   18         deleting a provision basing the availability of
   19         additional benefits in a firefighter pension plan upon
   20         state funding; revising the calculation of monthly
   21         retirement income for a full-time firefighter;
   22         specifying the minimum benefits that must be
   23         maintained by certain firefighter pension plans after
   24         a specified date; amending s. 175.351, F.S.; exempting
   25         certain firefighter pension plans of a municipality or
   26         special fire control district from meeting certain
   27         minimum benefits in order to participate in the
   28         distribution of a premium tax; redesignating the term
   29         “pension plan” as “retirement plan”; revising criteria
   30         governing the use of revenues of the premium tax;
   31         authorizing a pension plan to reduce certain excess
   32         benefits if the plan continues to meet certain minimum
   33         benefits and standards; providing that the use of
   34         premium tax revenues may deviate from the requirements
   35         of chapter 175, F.S., under certain circumstances;
   36         revising the conditions for proposing the adoption of
   37         a pension plan or an amendment to a pension plan;
   38         requiring plan sponsors to have a defined contribution
   39         plan component in place by a certain date; authorizing
   40         a municipality or special fire control district to
   41         implement certain changes to a local law plan which
   42         are contrary to chapter 175, F.S., for a limited time,
   43         under certain circumstances; amending s. 185.01, F.S.;
   44         requiring that police officer pension plans meet the
   45         requirements of chapter 185, F.S., in order to receive
   46         certain insurance premium tax revenues; amending s.
   47         185.02, F.S.; revising definitions to conform to
   48         changes made by the act and providing new definitions;
   49         revising applicability of the limitation on the amount
   50         of overtime payments which may be used for pension
   51         benefit calculations; amending s. 185.05, F.S.;
   52         requiring the board of trustees of the municipal
   53         police officers’ retirement trust fund to provide a
   54         detailed accounting report of its expenses and to make
   55         the report available; requiring the board to operate
   56         under an administrative expense budget; providing
   57         applicability; amending s. 185.06, F.S.; conforming a
   58         cross-reference; amending s. 185.07, F.S.; revising
   59         the method of creating and maintaining a police
   60         officers’ retirement trust fund; amending s. 185.16,
   61         F.S.; deleting a provision basing the availability of
   62         additional benefits in a police officer pension plan
   63         upon state funding; revising the calculation of
   64         monthly retirement income for a police officer;
   65         specifying the minimum benefits that must be
   66         maintained by certain police officer pension plans
   67         after a specified date; amending s. 185.35, F.S.;
   68         exempting certain municipal police officer pension
   69         plans from meeting certain minimum benefits in order
   70         to participate in the distribution of a premium tax;
   71         redesignating the term “pension plan” as “retirement
   72         plan”; revising criteria governing the use of revenues
   73         from the premium tax; authorizing a plan to reduce
   74         certain excess benefits if the plan continues to meet
   75         certain minimum benefits and minimum standards;
   76         providing that the use of premium tax revenues may
   77         deviate from the requirements of chapter 185, F.S.,
   78         under specified circumstances; revising the conditions
   79         for proposing the adoption of a pension plan or
   80         amendment to a pension plan; conforming a cross
   81         reference; requiring plan sponsors to have a defined
   82         contribution plan component in place by a certain
   83         date; authorizing a municipality to implement certain
   84         changes to a local law plan which are contrary to
   85         chapter 185, F.S., for a limited time; providing a
   86         declaration of important state interest; providing an
   87         effective date.
   88          
   89  Be It Enacted by the Legislature of the State of Florida:
   90  
   91         Section 1. Subsection (2) of section 175.021, Florida
   92  Statutes, is amended to read:
   93         175.021 Legislative declaration.—
   94         (2) This chapter hereby establishes, for all municipal and
   95  special district pension plans existing now or hereafter under
   96  this chapter, including chapter plans and local law plans,
   97  minimum benefits and minimum standards for the operation and
   98  funding of such plans, hereinafter referred to as firefighters’
   99  pension trust funds, which must be met as conditions precedent
  100  to the plan or plan sponsor’s receiving a distribution of
  101  insurance premium tax revenues under s. 175.121. The Minimum
  102  benefits and minimum standards for each plan set forth in this
  103  chapter may not be diminished by local charter, ordinance, or
  104  resolution or by special act of the Legislature and may not, nor
  105  may the minimum benefits or minimum standards be reduced or
  106  offset by any other local, state, or federal law that includes
  107  may include firefighters in its operation, except as provided
  108  under s. 112.65.
  109         Section 2. Section 175.032, Florida Statutes, is amended to
  110  read:
  111         175.032 Definitions.—For any municipality, special fire
  112  control district, chapter plan, local law municipality, local
  113  law special fire control district, or local law plan under this
  114  chapter, the term following words and phrases have the following
  115  meanings:
  116         (1) “Additional premium tax revenues” means revenues
  117  received by a municipality or special fire control district
  118  pursuant to s. 175.121 which exceed base premium tax revenues.
  119         (2)(1)(a) “Average final compensation” for:
  120         (a) A full-time firefighter means one-twelfth of the
  121  average annual compensation of the 5 best years of the last 10
  122  years of creditable service before prior to retirement,
  123  termination, or death, or the career average as a full-time
  124  firefighter since July 1, 1953, whichever is greater. A year is
  125  shall be 12 consecutive months or such other consecutive period
  126  of time as is used and consistently applied.
  127         (b) “Average final compensation” for A volunteer
  128  firefighter means the average salary of the 5 best years of the
  129  last 10 best contributing years before prior to change in status
  130  to a permanent full-time firefighter or retirement as a
  131  volunteer firefighter or the career average of a volunteer
  132  firefighter, since July 1, 1953, whichever is greater.
  133         (3) “Base premium tax revenues” means:
  134         (a) For a local law plan in effect on October 1, 2003, the
  135  revenues received by a municipality or special fire control
  136  district pursuant to s. 175.121 for the 2002 calendar year.
  137         (b) For a local law plan created between October 1, 2003,
  138  and March 1, 2015, inclusive, the revenues received by a
  139  municipality or special fire control district pursuant to s.
  140  175.121 based upon the tax collections during the second
  141  calendar year of participation.
  142         (4)(2) “Chapter plan” means a separate defined benefit
  143  pension plan for firefighters which incorporates by reference
  144  the provisions of this chapter and has been adopted by the
  145  governing body of a municipality or special district. Except as
  146  may be specifically authorized in this chapter, the provisions
  147  of a chapter plan may not differ from the plan provisions set
  148  forth in ss. 175.021-175.341 and ss. 175.361-175.401. Actuarial
  149  valuations of chapter plans shall be conducted by the division
  150  as provided by s. 175.261(1).
  151         (5)(3) “Compensation” or “salary” means, for
  152  noncollectively bargained service earned before July 1, 2011, or
  153  for service earned under collective bargaining agreements in
  154  place before July 1, 2011, the fixed monthly remuneration paid a
  155  firefighter. If remuneration is based on actual services
  156  rendered, as in the case of a volunteer firefighter, the term
  157  means the total cash remuneration received yearly for such
  158  services, prorated on a monthly basis. For noncollectively
  159  bargained service earned on or after July 1, 2011, or for
  160  service earned under collective bargaining agreements entered
  161  into on or after July 1, 2011, the term has the same meaning
  162  except that when calculating retirement benefits, up to 300
  163  hours per year in overtime compensation may be included as
  164  specified in the plan or collective bargaining agreement, but
  165  payments for accrued unused sick or annual leave may not be
  166  included.
  167         (a) Any retirement trust fund or plan that meets the
  168  requirements of this chapter does not, solely by virtue of this
  169  subsection, reduce or diminish the monthly retirement income
  170  otherwise payable to each firefighter covered by the retirement
  171  trust fund or plan.
  172         (b) The member’s compensation or salary contributed as
  173  employee-elective salary reductions or deferrals to any salary
  174  reduction, deferred compensation, or tax-sheltered annuity
  175  program authorized under the Internal Revenue Code shall be
  176  deemed to be the compensation or salary the member would receive
  177  if he or she were not participating in such program and shall be
  178  treated as compensation for retirement purposes under this
  179  chapter.
  180         (c) For any person who first becomes a member in any plan
  181  year beginning on or after January 1, 1996, compensation for
  182  that plan year may not include any amounts in excess of the
  183  Internal Revenue Code s. 401(a)(17) limitation, as amended by
  184  the Omnibus Budget Reconciliation Act of 1993, which limitation
  185  of $150,000 shall be adjusted as required by federal law for
  186  qualified government plans and shall be further adjusted for
  187  changes in the cost of living in the manner provided by Internal
  188  Revenue Code s. 401(a)(17)(B). For any person who first became a
  189  member before the first plan year beginning on or after January
  190  1, 1996, the limitation on compensation may not be less than the
  191  maximum compensation amount that was allowed to be taken into
  192  account under the plan in effect on July 1, 1993, which
  193  limitation shall be adjusted for changes in the cost of living
  194  since 1989 in the manner provided by Internal Revenue Code s.
  195  401(a)(17)(1991).
  196         (6)(4) “Creditable service” or “credited service” means the
  197  aggregate number of years of service, and fractional parts of
  198  years of service, of any firefighter, omitting intervening years
  199  and fractional parts of years when such firefighter may not have
  200  been employed by the municipality or special fire control
  201  district, subject to the following conditions:
  202         (a) A No firefighter may not will receive credit for years
  203  or fractional parts of years of service if he or she has
  204  withdrawn his or her contributions to the fund for those years
  205  or fractional parts of years of service, unless the firefighter
  206  repays into the fund the amount he or she has withdrawn, plus
  207  interest determined by the board. The member has shall have at
  208  least 90 days after his or her reemployment to make repayment.
  209         (b) A firefighter may voluntarily leave his or her
  210  contributions in the fund for a period of 5 years after leaving
  211  the employ of the fire department, pending the possibility of
  212  being rehired by the same department, without losing credit for
  213  the time he or she has participated actively as a firefighter.
  214  If the firefighter is not reemployed as a firefighter, with the
  215  same department, within 5 years, his or her contributions shall
  216  be returned without interest.
  217         (c) Credited service under this chapter shall be provided
  218  only for service as a firefighter, as defined in subsection (8),
  219  or for military service and does not include credit for any
  220  other type of service. A municipality may, by local ordinance,
  221  or a special fire control district may, by resolution, may
  222  provide for the purchase of credit for military service prior to
  223  employment as well as for prior service as a firefighter for
  224  some other employer as long as a firefighter is not entitled to
  225  receive a benefit for such prior service as a firefighter. For
  226  purposes of determining credit for prior service as a
  227  firefighter, in addition to service as a firefighter in this
  228  state, credit may be given for federal, other state, or county
  229  service if the prior service is recognized by the Division of
  230  State Fire Marshal as provided in under chapter 633, or the
  231  firefighter provides proof to the board of trustees that his or
  232  her service is equivalent to the service required to meet the
  233  definition of a firefighter under subsection (8).
  234         (d) In determining the creditable service of any
  235  firefighter, credit for up to 5 years of the time spent in the
  236  military service of the Armed Forces of the United States shall
  237  be added to the years of actual service if:
  238         1. The firefighter is in the active employ of an employer
  239  immediately before prior to such service and leaves a position,
  240  other than a temporary position, for the purpose of voluntary or
  241  involuntary service in the Armed Forces of the United States.
  242         2. The firefighter is entitled to reemployment under the
  243  provisions of the Uniformed Services Employment and Reemployment
  244  Rights Act.
  245         3. The firefighter returns to his or her employment as a
  246  firefighter of the municipality or special fire control district
  247  within 1 year after from the date of release from such active
  248  service.
  249         (7)(5) “Deferred Retirement Option Plan” or “DROP” means a
  250  local law plan retirement option in which a firefighter may
  251  elect to participate. A firefighter may retire for all purposes
  252  of the plan and defer receipt of retirement benefits into a DROP
  253  account while continuing employment with his or her employer.
  254  However, a firefighter who enters the DROP and who is otherwise
  255  eligible to participate may shall not thereby be precluded from
  256  participation or continued participation participating, or
  257  continuing to participate, in a supplemental plan in existence
  258  on, or created after, March 12, 1999 the effective date of this
  259  act.
  260         (8) “Defined contribution plan” means the component of a
  261  local law plan, as provided in s. 175.351(1), to which deposits,
  262  if any, are made to provide benefits for firefighters, or for
  263  firefighters and police officers if both are included. Such
  264  component is an element of a local law plan and exists in
  265  conjunction with the defined benefit plan component that meets
  266  minimum benefits and minimum standards. The retirement benefits,
  267  if any, of the defined contribution plan component shall be
  268  provided through individual member accounts in accordance with
  269  the applicable provisions of the Internal Revenue Code and
  270  related regulations and are limited to the contributions, if
  271  any, made into each member’s account and the actual accumulated
  272  earnings, net of expenses, earned on the member’s account.
  273         (9)(6) “Division” means the Division of Retirement of the
  274  Department of Management Services.
  275         (10)(7) “Enrolled actuary” means an actuary who is enrolled
  276  under Subtitle C of Title III of the Employee Retirement Income
  277  Security Act of 1974 and who is a member of the Society of
  278  Actuaries or the American Academy of Actuaries.
  279         (11)(a)(8)(a) “Firefighter” means a person employed solely
  280  by a constituted fire department of any municipality or special
  281  fire control district who is certified as a firefighter as a
  282  condition of employment in accordance with s. 633.408 and whose
  283  duty it is to extinguish fires, to protect life, or to protect
  284  property. The term includes all certified, supervisory, and
  285  command personnel whose duties include, in whole or in part, the
  286  supervision, training, guidance, and management responsibilities
  287  of full-time firefighters, part-time firefighters, or auxiliary
  288  firefighters but does not include part-time firefighters or
  289  auxiliary firefighters. However, for purposes of this chapter
  290  only, the term also includes public safety officers who are
  291  responsible for performing both police and fire services, who
  292  are certified as police officers or firefighters, and who are
  293  certified by their employers to the Chief Financial Officer as
  294  participating in this chapter before October 1, 1979. Effective
  295  October 1, 1979, public safety officers who have not been
  296  certified as participating in this chapter are considered police
  297  officers for retirement purposes and are eligible to participate
  298  in chapter 185. Any plan may provide that the fire chief has an
  299  option to participate, or not, in that plan.
  300         (b) “Volunteer firefighter” means any person whose name is
  301  carried on the active membership roll of a constituted volunteer
  302  fire department or a combination of a paid and volunteer fire
  303  department of any municipality or special fire control district
  304  and whose duty it is to extinguish fires, to protect life, and
  305  to protect property. Compensation for services rendered by a
  306  volunteer firefighter does shall not disqualify him or her as a
  307  volunteer. A person may shall not be disqualified as a volunteer
  308  firefighter solely because he or she has other gainful
  309  employment. Any person who volunteers assistance at a fire but
  310  is not an active member of a department described herein is not
  311  a volunteer firefighter within the meaning of this paragraph.
  312         (12)(9) “Firefighters’ Pension Trust Fund” means a trust
  313  fund, by whatever name known, as provided under s. 175.041, for
  314  the purpose of assisting municipalities and special fire control
  315  districts in establishing and maintaining a retirement plan for
  316  firefighters.
  317         (13)(10) “Local law municipality” means is any municipality
  318  in which there exists a local law plan exists.
  319         (14)(11) “Local law plan” means a retirement defined
  320  benefit pension plan that includes both a defined benefit plan
  321  component and a defined contribution plan component for
  322  firefighters, or for firefighters and or police officers if both
  323  are where included, as described in s. 175.351, established by
  324  municipal ordinance, special district resolution, or special act
  325  of the Legislature, which enactment sets forth all plan
  326  provisions. Local law plan provisions may vary from the
  327  provisions of this chapter if, provided that required minimum
  328  benefits and minimum standards are met. However, any such
  329  variance must shall provide a greater benefit for firefighters.
  330  Actuarial valuations of local law plans shall be conducted by an
  331  enrolled actuary as provided in s. 175.261(2).
  332         (15)(12) “Local law special fire control district” means is
  333  any special fire control district in which there exists a local
  334  law plan exists.
  335         (16) “Minimum benefits” means the benefits specified in ss.
  336  175.021-175.341 and ss. 175.361-175.401.
  337         (17) “Minimum standards” means the standards specified in
  338  ss. 175.021-175.401.
  339         (18)(13) “Property insurance” means property insurance as
  340  defined in s. 624.604 and covers real and personal property
  341  within the corporate limits of a any municipality, or within the
  342  boundaries of a any special fire control district, within the
  343  state. The term “multiple peril” means a combination or package
  344  policy that includes both property and casualty coverage for a
  345  single premium.
  346         (19)(14) “Retiree” or “retired firefighter” means a
  347  firefighter who has entered retirement status. For the purposes
  348  of a plan that includes a Deferred Retirement Option Plan
  349  (DROP), a firefighter who enters the DROP is shall be considered
  350  a retiree for all purposes of the plan. However, a firefighter
  351  who enters the DROP and who is otherwise eligible to participate
  352  may shall not thereby be precluded from participation or
  353  continued participation participating, or continuing to
  354  participate, in a supplemental plan in existence on, or created
  355  after, March 12, 1999 the effective date of this act.
  356         (20)(15) “Retirement” means a firefighter’s separation from
  357  municipal city or fire district employment as a firefighter with
  358  immediate eligibility for receipt of benefits under the plan.
  359  For purposes of a plan that includes a Deferred Retirement
  360  Option Plan (DROP), “retirement” means the date a firefighter
  361  enters the DROP.
  362         (21) “Special act plan” means a plan subject to the
  363  provisions of this chapter which was created by an act of the
  364  Legislature and continues to require an act of the Legislature
  365  to alter plan benefits.
  366         (22) “Special benefits” means benefits provided in a
  367  defined contribution plan for firefighters.
  368         (23)(16) “Special fire control district” means a special
  369  district, as defined in s. 189.012, established for the purposes
  370  of extinguishing fires, protecting life, and protecting property
  371  within the incorporated or unincorporated portions of a any
  372  county or combination of counties, or within any combination of
  373  incorporated and unincorporated portions of a any county or
  374  combination of counties. The term does not include any dependent
  375  or independent special district, as those terms are defined in
  376  s. 189.012, the employees of which are members of the Florida
  377  Retirement System pursuant to s. 121.051(1) or (2).
  378         (24)(17) “Supplemental plan” means a plan to which deposits
  379  are made to provide special extra benefits for firefighters, or
  380  for firefighters and police officers if both are where included
  381  under this chapter. Such a plan is an element of a local law
  382  plan and exists in conjunction with a defined benefit plan
  383  component that meets the minimum benefits and minimum standards
  384  of this chapter. Any supplemental plan in existence on March 1,
  385  2015, shall be deemed to be a defined contribution plan in
  386  compliance with s. 175.351(6).
  387         (25)(18) “Supplemental plan municipality” means a any local
  388  law municipality in which any there existed a supplemental plan
  389  existed, of any type or nature, as of December 1, 2000.
  390         Section 3. Subsection (8) is added to section 175.061,
  391  Florida Statutes, to read:
  392         175.061 Board of trustees; members; terms of office;
  393  meetings; legal entity; costs; attorney’s fees.—For any
  394  municipality, special fire control district, chapter plan, local
  395  law municipality, local law special fire control district, or
  396  local law plan under this chapter:
  397         (8)(a) The board of trustees shall:
  398         1. Provide a detailed accounting report of its expenses for
  399  each fiscal year to the plan sponsor and the Department of
  400  Management Services and make the report available to each member
  401  of the plan and post the report on the board’s website, if the
  402  board has a website. The report must include all administrative
  403  expenses that, for purposes of this subsection, are expenses
  404  relating to any legal counsel, actuary, plan administrator, and
  405  all other consultants, and all travel and other expenses paid to
  406  or on behalf of the members of the board of trustees or anyone
  407  else on behalf of the plan.
  408         2. Operate under an administrative expense budget for each
  409  fiscal year, provide a copy of the budget to the plan sponsor,
  410  and make available a copy of the budget to plan members before
  411  the beginning of the fiscal year. If the board of trustees
  412  amends the administrative expense budget, the board must provide
  413  a copy of the amended budget to the plan sponsor and make
  414  available a copy of the amended budget to plan members.
  415         (b) Notwithstanding s. 175.351(2) and (3), a local law plan
  416  created by special act before May 27, 1939, must comply with the
  417  provisions of this subsection.
  418         Section 4. Subsection (7) of section 175.071, Florida
  419  Statutes, is amended to read:
  420         175.071 General powers and duties of board of trustees.—For
  421  any municipality, special fire control district, chapter plan,
  422  local law municipality, local law special fire control district,
  423  or local law plan under this chapter:
  424         (7) To assist the board in meeting its responsibilities
  425  under this chapter, the board, if it so elects, may:
  426         (a) Employ independent legal counsel at the pension fund’s
  427  expense.
  428         (b) Employ an independent enrolled actuary, as defined in
  429  s. 175.032(7), at the pension fund’s expense.
  430         (c) Employ such independent professional, technical, or
  431  other advisers as it deems necessary at the pension fund’s
  432  expense.
  433  
  434  If the board chooses to use the municipality’s or special
  435  district’s legal counsel or actuary, or chooses to use any of
  436  the municipality’s or special district’s other professional,
  437  technical, or other advisers, it must do so only under terms and
  438  conditions acceptable to the board.
  439         Section 5. Paragraph (d) of subsection (1) of section
  440  175.091, Florida Statutes, is amended to read:
  441         175.091 Creation and maintenance of fund.—For any
  442  municipality, special fire control district, chapter plan, local
  443  law municipality, local law special fire control district, or
  444  local law plan under this chapter:
  445         (1) The firefighters’ pension trust fund in each
  446  municipality and in each special fire control district shall be
  447  created and maintained in the following manner:
  448         (d) By mandatory payment by the municipality or special
  449  fire control district of a sum equal to the normal cost of and
  450  the amount required to fund any actuarial deficiency shown by an
  451  actuarial valuation conducted under as provided in part VII of
  452  chapter 112 after taking into account the amounts described in
  453  paragraphs (b), (c), (e), (f), and (g) and the tax proceeds
  454  described in paragraph (a) which are used to fund benefits in a
  455  defined benefit plan component.
  456  
  457  Nothing in this section shall be construed to require adjustment
  458  of member contribution rates in effect on the date this act
  459  becomes a law, including rates that exceed 5 percent of salary,
  460  provided that such rates are at least one-half of 1 percent of
  461  salary.
  462         Section 6. Paragraph (a) of subsection (2) of section
  463  175.162, Florida Statutes, is amended to read:
  464         175.162 Requirements for retirement.—For any municipality,
  465  special fire control district, chapter plan, local law
  466  municipality, local law special fire control district, or local
  467  law plan under this chapter, any firefighter who completes 10 or
  468  more years of creditable service as a firefighter and attains
  469  age 55, or completes 25 years of creditable service as a
  470  firefighter and attains age 52, and who for such minimum period
  471  has been a member of the firefighters’ pension trust fund
  472  operating under a chapter plan or local law plan, is eligible
  473  for normal retirement benefits. Normal retirement under the plan
  474  is retirement from the service of the municipality or special
  475  fire control district on or after the normal retirement date. In
  476  such event, payment of retirement income will be governed by the
  477  following provisions of this section:
  478         (2)(a)1. The amount of monthly retirement income payable to
  479  a full-time firefighter who retires on or after his or her
  480  normal retirement date shall be an amount equal to the number of
  481  his or her years of credited service multiplied by 2.75 2
  482  percent of his or her average final compensation as a full-time
  483  firefighter. However, if current state contributions pursuant to
  484  this chapter are not adequate to fund the additional benefits to
  485  meet the minimum requirements in this chapter, only such
  486  incremental increases shall be required as state moneys are
  487  adequate to provide. Such increments shall be provided as state
  488  moneys become available.
  489         2. Effective July 1, 2015, a plan that is in compliance
  490  with this chapter except that the plan provides a benefit that
  491  is less than 2.75 percent of the average final compensation of a
  492  full-time firefighter for all years of credited service or
  493  provides an effective benefit that is less than 2.75 percent as
  494  a result of a maximum benefit limitation:
  495         a. Must maintain, at a minimum, the percentage amount or
  496  maximum benefit limitation in effect on July 1, 2015, and is not
  497  required to increase the benefit to 2.75 percent of the average
  498  final compensation of a full-time firefighter for all years of
  499  credited service; or
  500         b. If the plan changes the percentage amount or maximum
  501  benefit limitation to 2.75 percent or more of the average final
  502  compensation of a full-time firefighter for all years of
  503  credited service, the plan may not thereafter decrease the
  504  percentage amount or maximum benefit limitation to less than
  505  2.75 percent of the average final compensation of a full-time
  506  firefighter for all years of credited service.
  507         Section 7. Section 175.351, Florida Statutes, is amended to
  508  read:
  509         175.351 Municipalities and special fire control districts
  510  that have having their own retirement pension plans for
  511  firefighters.—For any municipality, special fire control
  512  district, local law municipality, local law special fire control
  513  district, or local law plan under this chapter, In order for a
  514  municipality or municipalities and special fire control district
  515  that has its districts with their own retirement plan pension
  516  plans for firefighters, or for firefighters and police officers
  517  if both are included, to participate in the distribution of the
  518  tax fund established under pursuant to s. 175.101, a local law
  519  plan plans must meet the minimum benefits and minimum standards,
  520  except as provided in the mutual consent provisions in paragraph
  521  (1)(g) with respect to the minimum benefits not met as of
  522  October 1, 2012 set forth in this chapter.
  523         (1) If a municipality has a retirement pension plan for
  524  firefighters, or a pension plan for firefighters and police
  525  officers if both are included, which in the opinion of the
  526  division meets the minimum benefits and minimum standards set
  527  forth in this chapter, the board of trustees of the retirement
  528  pension plan must, as approved by a majority of firefighters of
  529  the municipality, may:
  530         (a) place the income from the premium tax in s. 175.101 in
  531  such pension plan for the sole and exclusive use of its
  532  firefighters, or for firefighters and police officers if both
  533  are included, where it shall become an integral part of that
  534  pension plan and shall be used to fund benefits as provided
  535  herein. Effective October 1, 2015, for noncollectively bargained
  536  service or upon entering into a collective bargaining agreement
  537  on or after July 1, 2015:
  538         (a) The base premium tax revenues must be used to fund
  539  minimum benefits or other retirement benefits in excess of the
  540  minimum benefits as determined by the municipality or special
  541  fire control district.
  542         (b) Of the additional premium tax revenues received that
  543  are in excess of the amount received for the 2012 calendar year,
  544  50 percent must be used to fund minimum benefits or other
  545  retirement benefits in excess of the minimum benefits as
  546  determined by the municipality or special fire control district,
  547  and 50 percent must be placed in a defined contribution plan to
  548  fund special benefits.
  549         (c) Additional premium tax revenues not described in
  550  paragraph (b) must be used to fund benefits that are not
  551  included in the minimum benefits. If the additional premium tax
  552  revenues subject to this paragraph exceed the full annual cost
  553  of benefits provided through the plan which are in excess of the
  554  minimum benefits, any amount in excess of the full annual cost
  555  must be used as provided in paragraph (b).
  556         (d) Of any accumulations of additional premium tax revenues
  557  which have not been allocated to fund benefits in excess of the
  558  minimum benefits, 50 percent of the amount of the accumulations
  559  must be used to fund special benefits, and 50 percent must be
  560  applied to fund any unfunded actuarial liabilities of the plan;
  561  provided that any amount of accumulations in excess of the
  562  amount required to fund the unfunded actuarial liabilities must
  563  be used to fund special benefits to pay extra benefits to the
  564  firefighters included in that pension plan; or
  565         (b) Place the income from the premium tax in s. 175.101 in
  566  a separate supplemental plan to pay extra benefits to
  567  firefighters, or to firefighters and police officers if
  568  included, participating in such separate supplemental plan.
  569         (e) For a plan created after March 1, 2015, 50 percent of
  570  the insurance premium tax revenues must be used to fund defined
  571  benefit plan component benefits, with the remainder used to fund
  572  defined contribution plan component benefits.
  573         (f) If a plan offers benefits in excess of the minimum
  574  benefits, such benefits, excluding supplemental plan benefits in
  575  effect as of September 30, 2014, may be reduced if the plan
  576  continues to meet minimum benefits and minimum standards. The
  577  amount of insurance premium tax revenues previously used to fund
  578  benefits in excess of minimum benefits before the reduction,
  579  excluding the amount of any additional premium tax revenues
  580  distributed to a supplemental plan for the 2012 calendar year,
  581  must be used as provided in paragraph (b). However, benefits in
  582  excess of minimum benefits may not be reduced if a plan does not
  583  meet the minimum percentage amount of 2.75 percent of the
  584  average final compensation of a full-time firefighter, as
  585  required by s. 175.162(2)(a)1., or provides an effective benefit
  586  that is below 2.75 percent as a result of a maximum benefit
  587  limitation as described in s. 175.162(2)(a)2.
  588         (g) Notwithstanding paragraphs (a)-(f), the use of premium
  589  tax revenues, including any accumulations of additional premium
  590  tax revenues which have not been allocated to fund benefits in
  591  excess of minimum benefits, may deviate from the provisions of
  592  this subsection by mutual consent of the members’ collective
  593  bargaining representative or, if there is no representative, by
  594  a majority of the firefighter members of the fund, and by
  595  consent of the municipality or special fire control district,
  596  provided that the plan continues to meet minimum benefits and
  597  minimum standards; however, a plan that operates pursuant to
  598  this paragraph and does not meet minimum benefits as of October
  599  1, 2012, may continue to provide the benefits that do not meet
  600  the minimum benefits at the same level as was provided as of
  601  October 1, 2012, and all other benefit levels must continue to
  602  meet the minimum benefits. Such mutually agreed deviation must
  603  continue until modified or revoked by subsequent mutual consent
  604  of the members’ collective bargaining representative or, if
  605  none, by a majority of the firefighter members of the fund, and
  606  the municipality or special fire control district. An existing
  607  arrangement for the use of premium tax revenues contained within
  608  a special act plan or a plan within a supplemental plan
  609  municipality is considered, as of July 1, 2015, to be a
  610  deviation for which mutual consent has been granted.
  611         (2) The premium tax provided by this chapter must shall in
  612  all cases be used in its entirety to provide retirement extra
  613  benefits to firefighters, or to firefighters and police officers
  614  if both are included. However, local law plans in effect on
  615  October 1, 1998, must comply with the minimum benefit provisions
  616  of this chapter only to the extent that additional premium tax
  617  revenues become available to incrementally fund the cost of such
  618  compliance as provided in s. 175.162(2)(a). If a plan is in
  619  compliance with such minimum benefit provisions, as subsequent
  620  additional premium tax revenues become available, they must be
  621  used to provide extra benefits. Local law plans created by
  622  special act before May 27, 1939, are deemed to comply with this
  623  chapter. For the purpose of this chapter, the term:
  624         (a) “Additional premium tax revenues” means revenues
  625  received by a municipality or special fire control district
  626  pursuant to s. 175.121 which exceed that amount received for
  627  calendar year 1997.
  628         (b) “Extra benefits” means benefits in addition to or
  629  greater than those provided to general employees of the
  630  municipality and in addition to those in existence for
  631  firefighters on March 12, 1999.
  632         (3) A retirement plan or amendment to a retirement plan may
  633  not be proposed for adoption unless the proposed plan or
  634  amendment contains an actuarial estimate of the costs involved.
  635  Such proposed plan or proposed plan change may not be adopted
  636  without the approval of the municipality, special fire control
  637  district, or, where required permitted, the Legislature. Copies
  638  of the proposed plan or proposed plan change and the actuarial
  639  impact statement of the proposed plan or proposed plan change
  640  shall be furnished to the division before the last public
  641  hearing on the proposal is held thereon. Such statement must
  642  also indicate whether the proposed plan or proposed plan change
  643  is in compliance with s. 14, Art. X of the State Constitution
  644  and those provisions of part VII of chapter 112 which are not
  645  expressly provided in this chapter. Notwithstanding any other
  646  provision, only those local law plans created by special act of
  647  legislation before May 27, 1939, are deemed to meet the minimum
  648  benefits and minimum standards only in this chapter.
  649         (4) Notwithstanding any other provision, with respect to
  650  any supplemental plan municipality:
  651         (a) A local law plan and a supplemental plan may continue
  652  to use their definition of compensation or salary in existence
  653  on March 12, 1999.
  654         (b) Section 175.061(1)(b) does not apply, and a local law
  655  plan and a supplemental plan shall continue to be administered
  656  by a board or boards of trustees numbered, constituted, and
  657  selected as the board or boards were numbered, constituted, and
  658  selected on December 1, 2000.
  659         (c) The election set forth in paragraph (1)(b) is deemed to
  660  have been made.
  661         (5) The retirement plan setting forth the benefits and the
  662  trust agreement, if any, covering the duties and
  663  responsibilities of the trustees and the regulations of the
  664  investment of funds must be in writing, and copies made
  665  available to the participants and to the general public.
  666         (6) In addition to the defined benefit plan component of
  667  the local law plan, each plan sponsor must have a defined
  668  contribution plan component within the local law plan by October
  669  1, 2015, for noncollectively bargained service, upon entering
  670  into a collective bargaining agreement on or after July 1, 2015,
  671  or upon the creation date of a new participating plan. Depending
  672  upon the application of subsection (1), a defined contribution
  673  plan component may or may not receive any funding.
  674         (7) Notwithstanding any other provision of this chapter, a
  675  municipality or special fire control district that has
  676  implemented or proposed changes to a local law plan based on the
  677  municipality’s or district’s reliance on an interpretation of
  678  this chapter by the Department of Management Services on or
  679  after August 14, 2012, and before March 3, 2015, may continue
  680  the implemented changes or continue to implement proposed
  681  changes. Such reliance must be evidenced by a written collective
  682  bargaining proposal or agreement, or formal correspondence
  683  between the municipality or district and the Department of
  684  Management Services which describes the specific changes to the
  685  local law plan, with the initial proposal, agreement, or
  686  correspondence from the municipality or district dated before
  687  March 3, 2015. Changes to the local law plan which are otherwise
  688  contrary to minimum benefits and minimum standards may continue
  689  in effect until the earlier of October 1, 2018, or the effective
  690  date of a collective bargaining agreement that is contrary to
  691  the changes to the local law plan.
  692         Section 8. Subsection (2) of section 185.01, Florida
  693  Statutes, is amended to read:
  694         185.01 Legislative declaration.—
  695         (2) This chapter hereby establishes, for all municipal
  696  pension plans now or hereinafter provided for under this
  697  chapter, including chapter plans and local law plans, minimum
  698  benefits and minimum standards for the operation and funding of
  699  such plans, hereinafter referred to as municipal police
  700  officers’ retirement trust funds, which must be met as
  701  conditions precedent to the plan or plan sponsor’s receiving a
  702  distribution of insurance premium tax revenues under s. 185.10.
  703  The Minimum benefits and minimum standards for each plan set
  704  forth in this chapter may not be diminished by local ordinance
  705  or by special act of the Legislature and may not, nor may the
  706  minimum benefits or minimum standards be reduced or offset by
  707  any other local, state, or federal plan that includes may
  708  include police officers in its operation, except as provided
  709  under s. 112.65.
  710         Section 9. Section 185.02, Florida Statutes, is amended to
  711  read:
  712         185.02 Definitions.—For any municipality, chapter plan,
  713  local law municipality, or local law plan under this chapter,
  714  the term following words and phrases as used in this chapter
  715  shall have the following meanings, unless a different meaning is
  716  plainly required by the context:
  717         (1) “Additional premium tax revenues” means revenues
  718  received by a municipality pursuant to s. 185.10 which exceed
  719  base premium tax revenues.
  720         (2)(1) “Average final compensation” means one-twelfth of
  721  the average annual compensation of the 5 best years of the last
  722  10 years of creditable service before prior to retirement,
  723  termination, or death.
  724         (3) “Base premium tax revenues” means:
  725         (a) For a local law plan in effect on October 1, 2003, the
  726  revenues received by a municipality pursuant to s. 185.10 for
  727  the 2002 calendar year.
  728         (b) For a local law plan created between October 1, 2003,
  729  and March 1, 2015, inclusive, the revenues received by a
  730  municipality pursuant to s. 185.10 based upon the tax
  731  collections during the second calendar year of participation.
  732         (4)(2) “Casualty insurance” means automobile public
  733  liability and property damage insurance to be applied at the
  734  place of residence of the owner, or if the subject is a
  735  commercial vehicle, to be applied at the place of business of
  736  the owner; automobile collision insurance; fidelity bonds;
  737  burglary and theft insurance; and plate glass insurance. The
  738  term “multiple peril” means a combination or package policy that
  739  includes both property coverage and casualty coverage for a
  740  single premium.
  741         (5)(3) “Chapter plan” means a separate defined benefit
  742  pension plan for police officers which incorporates by reference
  743  the provisions of this chapter and has been adopted by the
  744  governing body of a municipality as provided in s. 185.08.
  745  Except as may be specifically authorized in this chapter, the
  746  provisions of a chapter plan may not differ from the plan
  747  provisions set forth in ss. 185.01-185.341 and ss. 185.37
  748  185.39. Actuarial valuations of chapter plans shall be conducted
  749  by the division as provided by s. 185.221(1)(b).
  750         (6)(4) “Compensation” or “salary” means, for
  751  noncollectively bargained service earned before July 1, 2011, or
  752  for service earned under collective bargaining agreements in
  753  place before July 1, 2011, the total cash remuneration including
  754  “overtime” paid by the primary employer to a police officer for
  755  services rendered, but not including any payments for extra duty
  756  or special detail work performed on behalf of a second party
  757  employer. Overtime may be limited before July 1, 2011, in a
  758  local law plan by the plan provisions A local law plan may limit
  759  the amount of overtime payments which can be used for retirement
  760  benefit calculation purposes; however, such overtime limit may
  761  not be less than 300 hours per officer per calendar year. For
  762  noncollectively bargained service earned on or after July 1,
  763  2011, or for service earned under collective bargaining
  764  agreements entered into on or after July 1, 2011, the term has
  765  the same meaning except that when calculating retirement
  766  benefits, up to 300 hours per year in overtime compensation may
  767  be included as specified in the plan or collective bargaining
  768  agreement, but payments for accrued unused sick or annual leave
  769  may not be included.
  770         (a) Any retirement trust fund or plan that meets the
  771  requirements of this chapter does not, solely by virtue of this
  772  subsection, reduce or diminish the monthly retirement income
  773  otherwise payable to each police officer covered by the
  774  retirement trust fund or plan.
  775         (b) The member’s compensation or salary contributed as
  776  employee-elective salary reductions or deferrals to any salary
  777  reduction, deferred compensation, or tax-sheltered annuity
  778  program authorized under the Internal Revenue Code shall be
  779  deemed to be the compensation or salary the member would receive
  780  if he or she were not participating in such program and shall be
  781  treated as compensation for retirement purposes under this
  782  chapter.
  783         (c) For any person who first becomes a member in any plan
  784  year beginning on or after January 1, 1996, compensation for
  785  that plan year may not include any amounts in excess of the
  786  Internal Revenue Code s. 401(a)(17) limitation, as amended by
  787  the Omnibus Budget Reconciliation Act of 1993, which limitation
  788  of $150,000 shall be adjusted as required by federal law for
  789  qualified government plans and shall be further adjusted for
  790  changes in the cost of living in the manner provided by Internal
  791  Revenue Code s. 401(a)(17)(B). For any person who first became a
  792  member before the first plan year beginning on or after January
  793  1, 1996, the limitation on compensation may not be less than the
  794  maximum compensation amount that was allowed to be taken into
  795  account under the plan as in effect on July 1, 1993, which
  796  limitation shall be adjusted for changes in the cost of living
  797  since 1989 in the manner provided by Internal Revenue Code s.
  798  401(a)(17)(1991).
  799         (7)(5) “Creditable service” or “credited service” means the
  800  aggregate number of years of service and fractional parts of
  801  years of service of any police officer, omitting intervening
  802  years and fractional parts of years when such police officer may
  803  not have been employed by the municipality subject to the
  804  following conditions:
  805         (a) A No police officer may not will receive credit for
  806  years or fractional parts of years of service if he or she has
  807  withdrawn his or her contributions to the fund for those years
  808  or fractional parts of years of service, unless the police
  809  officer repays into the fund the amount he or she has withdrawn,
  810  plus interest as determined by the board. The member has shall
  811  have at least 90 days after his or her reemployment to make
  812  repayment.
  813         (b) A police officer may voluntarily leave his or her
  814  contributions in the fund for a period of 5 years after leaving
  815  the employ of the police department, pending the possibility of
  816  his or her being rehired by the same department, without losing
  817  credit for the time he or she has participated actively as a
  818  police officer. If he or she is not reemployed as a police
  819  officer with the same department within 5 years, his or her
  820  contributions shall be returned to him or her without interest.
  821         (c) Credited service under this chapter shall be provided
  822  only for service as a police officer, as defined in subsection
  823  (11), or for military service and may not include credit for any
  824  other type of service. A municipality may, by local ordinance,
  825  may provide for the purchase of credit for military service
  826  occurring before employment as well as prior service as a police
  827  officer for some other employer as long as the police officer is
  828  not entitled to receive a benefit for such other prior service
  829  as a police officer. For purposes of determining credit for
  830  prior service, in addition to service as a police officer in
  831  this state, credit may be given for federal, other state, or
  832  county service as long as such service is recognized by the
  833  Criminal Justice Standards and Training Commission within the
  834  Department of Law Enforcement as provided in under chapter 943
  835  or the police officer provides proof to the board of trustees
  836  that such service is equivalent to the service required to meet
  837  the definition of a police officer under subsection (11).
  838         (d) In determining the creditable service of a any police
  839  officer, credit for up to 5 years of the time spent in the
  840  military service of the Armed Forces of the United States shall
  841  be added to the years of actual service, if:
  842         1. The police officer is in the active employ of the
  843  municipality before prior to such service and leaves a position,
  844  other than a temporary position, for the purpose of voluntary or
  845  involuntary service in the Armed Forces of the United States.
  846         2. The police officer is entitled to reemployment under the
  847  provisions of the Uniformed Services Employment and Reemployment
  848  Rights Act.
  849         3. The police officer returns to his or her employment as a
  850  police officer of the municipality within 1 year after from the
  851  date of his or her release from such active service.
  852         (8)(6) “Deferred Retirement Option Plan” or “DROP” means a
  853  local law plan retirement option in which a police officer may
  854  elect to participate. A police officer may retire for all
  855  purposes of the plan and defer receipt of retirement benefits
  856  into a DROP account while continuing employment with his or her
  857  employer. However, a police officer who enters the DROP and who
  858  is otherwise eligible to participate may shall not thereby be
  859  precluded from participation or continued participation
  860  participating, or continuing to participate, in a supplemental
  861  plan in existence on, or created after, March 12, 1999 the
  862  effective date of this act.
  863         (9) “Defined contribution plan” means the component of a
  864  local law plan, as provided in s. 185.35(1), to which deposits,
  865  if any, are made to provide benefits for police officers, or for
  866  police officers and firefighters if both are included. Such
  867  component is an element of a local law plan and exists in
  868  conjunction with the defined benefit component that meets
  869  minimum benefits and minimum standards. The retirement benefits,
  870  if any, of the defined contribution plan shall be provided
  871  through individual member accounts in accordance with the
  872  applicable provisions of the Internal Revenue Code and related
  873  regulations and are limited to the contributions, if any, made
  874  into each member’s account and the actual accumulated earnings,
  875  net of expenses, earned on the member’s account.
  876         (10)(7) “Division” means the Division of Retirement of the
  877  Department of Management Services.
  878         (11)(8) “Enrolled actuary” means an actuary who is enrolled
  879  under Subtitle C of Title III of the Employee Retirement Income
  880  Security Act of 1974 and who is a member of the Society of
  881  Actuaries or the American Academy of Actuaries.
  882         (12)(9) “Local law municipality” means is any municipality
  883  in which there exists a local law plan exists.
  884         (13)(10) “Local law plan” means a retirement defined
  885  benefit pension plan that includes both a defined benefit plan
  886  component and a defined contribution plan component for police
  887  officers, or for police officers and firefighters if both are,
  888  where included, as described in s. 185.35, established by
  889  municipal ordinance or special act of the Legislature, which
  890  enactment sets forth all plan provisions. Local law plan
  891  provisions may vary from the provisions of this chapter if,
  892  provided that required minimum benefits and minimum standards
  893  are met. However, any such variance must shall provide a greater
  894  benefit for police officers. Actuarial valuations of local law
  895  plans shall be conducted by an enrolled actuary as provided in
  896  s. 185.221(2)(b).
  897         (14) “Minimum benefits” means the benefits specified in ss.
  898  185.01-185.341 and ss. 185.37-185.50.
  899         (15) “Minimum standards” means the standards specified in
  900  ss. 185.01-185.50.
  901         (16)(11) “Police officer” means any person who is elected,
  902  appointed, or employed full time by a any municipality, who is
  903  certified or required to be certified as a law enforcement
  904  officer in compliance with s. 943.1395, who is vested with
  905  authority to bear arms and make arrests, and whose primary
  906  responsibility is the prevention and detection of crime or the
  907  enforcement of the penal, criminal, traffic, or highway laws of
  908  the state. The term This definition includes all certified
  909  supervisory and command personnel whose duties include, in whole
  910  or in part, the supervision, training, guidance, and management
  911  responsibilities of full-time law enforcement officers, part
  912  time law enforcement officers, or auxiliary law enforcement
  913  officers, but does not include part-time law enforcement
  914  officers or auxiliary law enforcement officers as those terms
  915  the same are defined in s. 943.10(6) and (8), respectively. For
  916  the purposes of this chapter only, the term also includes
  917  “police officer” also shall include a public safety officer who
  918  is responsible for performing both police and fire services. Any
  919  plan may provide that the police chief shall have an option to
  920  participate, or not, in that plan.
  921         (17)(12) “Police Officers’ Retirement Trust Fund” means a
  922  trust fund, by whatever name known, as provided under s. 185.03
  923  for the purpose of assisting municipalities in establishing and
  924  maintaining a retirement plan for police officers.
  925         (18)(13) “Retiree” or “retired police officer” means a
  926  police officer who has entered retirement status. For the
  927  purposes of a plan that includes a Deferred Retirement Option
  928  Plan (DROP), a police officer who enters the DROP is shall be
  929  considered a retiree for all purposes of the plan. However, a
  930  police officer who enters the DROP and who is otherwise eligible
  931  to participate may shall not thereby be precluded from
  932  participation or continued participation participating, or
  933  continuing to participate, in a supplemental plan in existence
  934  on, or created after, March 12, 1999 the effective date of this
  935  act.
  936         (19)(14) “Retirement” means a police officer’s separation
  937  from municipal city employment as a police officer with
  938  immediate eligibility for receipt of benefits under the plan.
  939  For purposes of a plan that includes a Deferred Retirement
  940  Option Plan (DROP), “retirement” means the date a police officer
  941  enters the DROP.
  942         (20) “Special act plan” means a plan subject to the
  943  provisions of this chapter which was created by an act of the
  944  Legislature and continues to require an act of the Legislature
  945  to alter plan benefits.
  946         (21) “Special benefits” means benefits provided in a
  947  defined contribution plan component for police officers.
  948         (22)(15) “Supplemental plan” means a plan to which deposits
  949  of the premium tax moneys as provided in s. 185.08 are made to
  950  provide special extra benefits to police officers, or police
  951  officers and firefighters if both are where included, under this
  952  chapter. Such a plan is an element of a local law plan and
  953  exists in conjunction with a defined benefit plan component that
  954  meets the minimum benefits and minimum standards of this
  955  chapter. Any supplemental plan in existence on March 1, 2015,
  956  shall be deemed to be a defined contribution plan in compliance
  957  with s. 185.35(6).
  958         (23)(16) “Supplemental plan municipality” means a any local
  959  law municipality in which any there existed a supplemental plan
  960  existed as of December 1, 2000.
  961         Section 10. Subsection (8) is added to section 185.05,
  962  Florida Statutes, to read:
  963         185.05 Board of trustees; members; terms of office;
  964  meetings; legal entity; costs; attorney’s fees.—For any
  965  municipality, chapter plan, local law municipality, or local law
  966  plan under this chapter:
  967         (8)(a) The board of trustees shall:
  968         1. Provide a detailed accounting report of its expenses for
  969  each fiscal year to the plan sponsor and the Department of
  970  Management Services and make the report available to each member
  971  of the plan and post the report on the board’s website, if the
  972  board has a website. The report must include all administrative
  973  expenses that, for purposes of this subsection, are expenses
  974  relating to any legal counsel, actuary, plan administrator, and
  975  all other consultants, and all travel and other expenses paid to
  976  or on behalf of the members of the board of trustees or anyone
  977  else on behalf of the plan.
  978         2. Operate under an administrative expense budget for each
  979  fiscal year, provide a copy of the budget to the plan sponsor,
  980  and make available a copy of the budget to plan members before
  981  the beginning of the fiscal year. If the board of trustees
  982  amends the administrative expense budget, the board must provide
  983  a copy of the amended budget to the plan sponsor and make
  984  available a copy of the amended budget to plan members.
  985         (b) Notwithstanding s. 185.35(2) and (3), a local law plan
  986  created by special act before May 27, 1939, must comply with the
  987  provisions of this subsection.
  988         Section 11. Subsection (6) of section 185.06, Florida
  989  Statutes, is amended to read:
  990         185.06 General powers and duties of board of trustees.—For
  991  any municipality, chapter plan, local law municipality, or local
  992  law plan under this chapter:
  993         (6) To assist the board in meeting its responsibilities
  994  under this chapter, the board, if it so elects, may:
  995         (a) Employ independent legal counsel at the pension fund’s
  996  expense.
  997         (b) Employ an independent enrolled actuary, as defined in
  998  s. 185.02(8), at the pension fund’s expense.
  999         (c) Employ such independent professional, technical, or
 1000  other advisers as it deems necessary at the pension fund’s
 1001  expense.
 1002  
 1003  If the board chooses to use the municipality’s or special
 1004  district’s legal counsel or actuary, or chooses to use any of
 1005  the municipality’s other professional, technical, or other
 1006  advisers, it must do so only under terms and conditions
 1007  acceptable to the board.
 1008         Section 12. Paragraph (d) of subsection (1) of section
 1009  185.07, Florida Statutes, is amended to read:
 1010         185.07 Creation and maintenance of fund.—For any
 1011  municipality, chapter plan, local law municipality, or local law
 1012  plan under this chapter:
 1013         (1) The municipal police officers’ retirement trust fund in
 1014  each municipality described in s. 185.03 shall be created and
 1015  maintained in the following manner:
 1016         (d) By payment by the municipality or other sources of a
 1017  sum equal to the normal cost and the amount required to fund any
 1018  actuarial deficiency shown by an actuarial valuation conducted
 1019  under as provided in part VII of chapter 112 after taking into
 1020  account the amounts described in paragraphs (b), (c), (e), (f),
 1021  and (g) and the tax proceeds described in paragraph (a) which
 1022  are used to fund benefits provided in a defined benefit plan
 1023  component.
 1024  
 1025  Nothing in this section shall be construed to require adjustment
 1026  of member contribution rates in effect on the date this act
 1027  becomes a law, including rates that exceed 5 percent of salary,
 1028  provided that such rates are at least one-half of 1 percent of
 1029  salary.
 1030         Section 13. Subsection (2) of section 185.16, Florida
 1031  Statutes, is amended to read:
 1032         185.16 Requirements for retirement.—For any municipality,
 1033  chapter plan, local law municipality, or local law plan under
 1034  this chapter, any police officer who completes 10 or more years
 1035  of creditable service as a police officer and attains age 55, or
 1036  completes 25 years of creditable service as a police officer and
 1037  attains age 52, and for such period has been a member of the
 1038  retirement fund is eligible for normal retirement benefits.
 1039  Normal retirement under the plan is retirement from the service
 1040  of the city on or after the normal retirement date. In such
 1041  event, for chapter plans and local law plans, payment of
 1042  retirement income will be governed by the following provisions
 1043  of this section:
 1044         (2)(a) The amount of the monthly retirement income payable
 1045  to a police officer who retires on or after his or her normal
 1046  retirement date shall be an amount equal to the number of the
 1047  police officer’s years of credited service multiplied by 2.75 2
 1048  percent of his or her average final compensation. However, if
 1049  current state contributions pursuant to this chapter are not
 1050  adequate to fund the additional benefits to meet the minimum
 1051  requirements in this chapter, only increment increases shall be
 1052  required as state moneys are adequate to provide. Such
 1053  increments shall be provided as state moneys become available.
 1054         (b) Effective July 1, 2015, a plan that is in compliance
 1055  with this chapter except that the plan provides a benefit that
 1056  is less than 2.75 percent of the average final compensation of a
 1057  police officer for all years of credited service or provides an
 1058  effective benefit that is less than 2.75 percent as a result of
 1059  a maximum benefit limitation:
 1060         1. Must maintain, at a minimum, the percentage amount or
 1061  maximum benefit limitation in effect on July 1, 2015, and is not
 1062  required to increase the benefit to 2.75 percent of the average
 1063  final compensation of a police officer for all years of credited
 1064  service; or
 1065         2. If the plan changes the percentage amount or maximum
 1066  benefit limitation to 2.75 percent or more of the average final
 1067  compensation of a police officer for all years of credited
 1068  service, the plan may not thereafter decrease the percentage
 1069  amount or the maximum benefit limitation to less than 2.75
 1070  percent of the average final compensation of a police officer
 1071  for all years of credited service.
 1072         Section 14. Section 185.35, Florida Statutes, is amended to
 1073  read:
 1074         185.35 Municipalities that have having their own retirement
 1075  pension plans for police officers.—For any municipality, chapter
 1076  plan, local law municipality, or local law plan under this
 1077  chapter, In order for a municipality that has its municipalities
 1078  with their own retirement plan pension plans for police
 1079  officers, or for police officers and firefighters if both are
 1080  included, to participate in the distribution of the tax fund
 1081  established under pursuant to s. 185.08, a local law plan plans
 1082  must meet the minimum benefits and minimum standards, except as
 1083  provided in the mutual consent provisions in paragraph (1)(g)
 1084  with respect to the minimum benefits not met as of October 1,
 1085  2012. set forth in this chapter:
 1086         (1) If a municipality has a retirement pension plan for
 1087  police officers, or for police officers and firefighters if both
 1088  are included, which, in the opinion of the division, meets the
 1089  minimum benefits and minimum standards set forth in this
 1090  chapter, the board of trustees of the retirement pension plan
 1091  must, as approved by a majority of police officers of the
 1092  municipality, may:
 1093         (a) place the income from the premium tax in s. 185.08 in
 1094  such pension plan for the sole and exclusive use of its police
 1095  officers, or its police officers and firefighters if both are
 1096  included, where it shall become an integral part of that pension
 1097  plan and shall be used to fund benefits as provided herein.
 1098  Effective October 1, 2015, for noncollectively bargained service
 1099  or upon entering into a collective bargaining agreement on or
 1100  after July 1, 2015:
 1101         (a) The base premium tax revenues must be used to fund
 1102  minimum benefits or other retirement benefits in excess of the
 1103  minimum benefits as determined by the municipality.
 1104         (b) Of the additional premium tax revenues received that
 1105  are in excess of the amount received for the 2012 calendar year,
 1106  50 percent must be used to fund minimum benefits or other
 1107  retirement benefits in excess of the minimum benefits as
 1108  determined by the municipality, and 50 percent must be placed in
 1109  a defined contribution plan component to fund special benefits.
 1110         (c) Additional premium tax revenues not described in
 1111  paragraph (b) must be used to fund benefits that are not
 1112  included in the minimum benefits. If the additional premium tax
 1113  revenues subject to this paragraph exceed the full annual cost
 1114  of benefits provided through the plan which are in excess of the
 1115  minimum benefits, any amount in excess of the full annual cost
 1116  must be used as provided in paragraph (b).
 1117         (d) Of any accumulations of additional premium tax revenues
 1118  which have not been allocated to fund benefits in excess of the
 1119  minimum benefits, 50 percent of the amount of the accumulations
 1120  must be used to fund special benefits and 50 percent must be
 1121  applied to fund any unfunded actuarial liabilities of the plan;
 1122  provided that any amount of accumulations in excess of the
 1123  amount required to fund the unfunded actuarial liabilities must
 1124  be used to fund special benefits pay extra benefits to the
 1125  police officers included in that pension plan; or
 1126         (b) May place the income from the premium tax in s. 185.08
 1127  in a separate supplemental plan to pay extra benefits to the
 1128  police officers, or police officers and firefighters if
 1129  included, participating in such separate supplemental plan.
 1130         (e) For a plan created after March 1, 2015, 50 percent of
 1131  the insurance premium tax revenues must be used to fund defined
 1132  benefit plan component benefits, with the remainder used to fund
 1133  defined contribution plan component benefits.
 1134         (f) If a plan offers benefits in excess of the minimum
 1135  benefits, such benefits, excluding supplemental plan benefits in
 1136  effect as of September 30, 2014, may be reduced if the plan
 1137  continues to meet minimum benefits and the minimum standards.
 1138  The amount of insurance premium tax revenues previously used to
 1139  fund benefits in excess of the minimum benefits before the
 1140  reduction, excluding the amount of any additional premium tax
 1141  revenues distributed to a supplemental plan for the 2012
 1142  calendar year, must be used as provided in paragraph (b).
 1143  However, benefits in excess of the minimum benefits may not be
 1144  reduced if a plan does not meet the minimum percentage amount of
 1145  2.75 percent of the average final compensation of a police
 1146  officer or provides an effective benefit that is less than 2.75
 1147  percent as a result of a maximum benefit limitation, as
 1148  described in s. 185.16(2)(b).
 1149         (g) Notwithstanding paragraphs (a)-(f), the use of premium
 1150  tax revenues, including any accumulations of additional premium
 1151  tax revenues which have not been allocated to fund benefits in
 1152  excess of the minimum benefits, may deviate from the provisions
 1153  of this subsection by mutual consent of the members’ collective
 1154  bargaining representative or, if none, by a majority of the
 1155  police officer members of the fund, and by consent of the
 1156  municipality, provided that the plan continues to meet minimum
 1157  benefits and minimum standards; however, a plan that operates
 1158  pursuant to this paragraph and does not meet the minimum
 1159  benefits as of October 1, 2012, may continue to provide the
 1160  benefits that do not meet the minimum benefits at the same level
 1161  as was provided as of October 1, 2012, and all other benefit
 1162  levels must continue to meet the minimum benefits. Such mutually
 1163  agreed deviation must continue until modified or revoked by
 1164  subsequent mutual consent of the members’ collective bargaining
 1165  representative or, if none, by a majority of the police officer
 1166  members of the fund, and the municipality. An existing
 1167  arrangement for the use of premium tax revenues contained within
 1168  a special act plan or a plan within a supplemental plan
 1169  municipality is considered, as of July 1, 2015, to be a
 1170  deviation for which mutual consent has been granted.
 1171         (2) The premium tax provided by this chapter must shall in
 1172  all cases be used in its entirety to provide retirement extra
 1173  benefits to police officers, or to police officers and
 1174  firefighters if both are included. However, local law plans in
 1175  effect on October 1, 1998, must comply with the minimum benefit
 1176  provisions of this chapter only to the extent that additional
 1177  premium tax revenues become available to incrementally fund the
 1178  cost of such compliance as provided in s. 185.16(2). If a plan
 1179  is in compliance with such minimum benefit provisions, as
 1180  subsequent additional tax revenues become available, they shall
 1181  be used to provide extra benefits. Local law plans created by
 1182  special act before May 27, 1939, shall be deemed to comply with
 1183  this chapter. For the purpose of this chapter, the term:
 1184         (a) “Additional premium tax revenues” means revenues
 1185  received by a municipality pursuant to s. 185.10 which exceed
 1186  the amount received for calendar year 1997.
 1187         (b) “Extra benefits” means benefits in addition to or
 1188  greater than those provided to general employees of the
 1189  municipality and in addition to those in existence for police
 1190  officers on March 12, 1999.
 1191         (3) A retirement plan or amendment to a retirement plan may
 1192  not be proposed for adoption unless the proposed plan or
 1193  amendment contains an actuarial estimate of the costs involved.
 1194  Such proposed plan or proposed plan change may not be adopted
 1195  without the approval of the municipality or, where required
 1196  permitted, the Legislature. Copies of the proposed plan or
 1197  proposed plan change and the actuarial impact statement of the
 1198  proposed plan or proposed plan change shall be furnished to the
 1199  division before the last public hearing on the proposal is held
 1200  thereon. Such statement must also indicate whether the proposed
 1201  plan or proposed plan change is in compliance with s. 14, Art. X
 1202  of the State Constitution and those provisions of part VII of
 1203  chapter 112 which are not expressly provided in this chapter.
 1204  Notwithstanding any other provision, only those local law plans
 1205  created by special act of legislation before May 27, 1939, are
 1206  deemed to meet the minimum benefits and minimum standards only
 1207  in this chapter.
 1208         (4) Notwithstanding any other provision, with respect to
 1209  any supplemental plan municipality:
 1210         (a) Section 185.02(6)(a) 185.02(4)(a) does not apply, and a
 1211  local law plan and a supplemental plan may continue to use their
 1212  definition of compensation or salary in existence on March 12,
 1213  1999.
 1214         (b) A local law plan and a supplemental plan must continue
 1215  to be administered by a board or boards of trustees numbered,
 1216  constituted, and selected as the board or boards were numbered,
 1217  constituted, and selected on December 1, 2000.
 1218         (c) The election set forth in paragraph (1)(b) is deemed to
 1219  have been made.
 1220         (5) The retirement plan setting forth the benefits and the
 1221  trust agreement, if any, covering the duties and
 1222  responsibilities of the trustees and the regulations of the
 1223  investment of funds must be in writing and copies made available
 1224  to the participants and to the general public.
 1225         (6) In addition to the defined benefit component of the
 1226  local law plan, each plan sponsor must have a defined
 1227  contribution plan component within the local law plan by October
 1228  1, 2015, for noncollectively bargained service, upon entering
 1229  into a collective bargaining agreement on or after July 1, 2015,
 1230  or upon the creation date of a new participating plan. Depending
 1231  upon the application of subsection (1), a defined contribution
 1232  component may or may not receive any funding.
 1233         (7) Notwithstanding any other provision of this chapter, a
 1234  municipality that has implemented or proposed changes to a local
 1235  law plan based on the municipality’s reliance on an
 1236  interpretation of this chapter by the Department of Management
 1237  Services on or after August 14, 2012, and before March 3, 2015,
 1238  may continue the implemented changes or continue to implement
 1239  proposed changes. Such reliance must be evidenced by a written
 1240  collective bargaining proposal or agreement, or formal
 1241  correspondence between the municipality and the Department of
 1242  Management Services which describes the specific changes to the
 1243  local law plan, with the initial proposal, agreement, or
 1244  correspondence from the municipality dated before March 3, 2015.
 1245  Changes to the local law plan which are otherwise contrary to
 1246  minimum benefits and minimum standards may continue in effect
 1247  until the earlier of October 1, 2018, or the effective date of a
 1248  collective bargaining agreement that is contrary to the changes
 1249  to the local law plan.
 1250         Section 15. The Legislature finds that a proper and
 1251  legitimate state purpose is served when employees and retirees
 1252  of this state and its political subdivisions, and the
 1253  dependents, survivors, and beneficiaries of such employees and
 1254  retirees, are extended the basic protections afforded by
 1255  governmental retirement systems that provide fair and adequate
 1256  benefits and that are managed, administered, and funded in an
 1257  actuarially sound manner as required under s. 14, Article X of
 1258  the State Constitution and part VII of chapter 112, Florida
 1259  Statutes. Therefore, the Legislature determines and declares
 1260  that this act fulfills an important state interest.
 1261         Section 16. This act shall take effect July 1, 2015.