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Senate Bill 0266

Florida Senate - 1998 SB 266 By Senator Childers 1-318A-98 1 A bill to be entitled 2 An act relating to the municipal firefighters' 3 pension trust fund and the municipal police 4 officers' retirement trust fund; amending ss. 5 175.071, 185.06, F.S.; revising the powers of 6 the board of trustees for each trust fund; 7 providing guidelines for the investment of 8 funds; requiring additional recordkeeping by 9 the boards; providing qualifications for 10 professionally qualified independent 11 consultants; providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Section 175.071, Florida Statutes, is 16 amended to read: 17 175.071 General powers and duties of board of 18 trustees.--For any municipality, special fire control 19 district, chapter plan, local law municipality, local law 20 special fire control district, or local law plan under this 21 chapter: 22 (1) The board of trustees may: 23 (a) Invest and reinvest the assets of the 24 firefighters' pension trust fund in annuity and life insurance 25 contracts of life insurance companies in amounts sufficient to 26 provide, in whole or in part, the benefits to which all of the 27 participants in the firefighters' pension trust fund shall be 28 entitled under the provisions of this chapter and pay the 29 initial and subsequent premiums thereon. 30 (b) Invest and reinvest the assets of the 31 firefighters' pension trust fund in: 1 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 266 1-318A-98 1 1. Time or savings accounts of a national bank, a 2 state bank insured by the Bank Insurance Fund Federal Deposit 3 Insurance Corporation, or a savings, building, and loan 4 association insured by the Savings Association Insurance Fund 5 which are administered by the Federal Deposit Insurance 6 Corporation Federal Savings and Loan Insurance Corporation. 7 2. Obligations of the United States or obligations 8 guaranteed as to principal and interest by the Government of 9 the United States. 10 3. Bonds issued by the State of Israel. 11 4. Bonds, stocks, or other evidences of indebtedness 12 issued or guaranteed by a corporation organized under the laws 13 of the United States, any state or organized territory of the 14 United States, or the District of Columbia, provided: 15 a. The corporation is listed on any one or more of the 16 recognized national stock exchanges and holds a rating in one 17 of the three highest classifications by a major rating 18 service; and 19 b. The board of trustees shall not invest more than 5 20 percent of its assets in the common stock or capital stock of 21 any one issuing company, nor shall the aggregate investment in 22 any one issuing company exceed 5 percent of the outstanding 23 capital stock of that company or the aggregate of its 24 investments under this subparagraph at market cost exceed 50 25 30 percent of the assets of the fund. Investment experience 26 producing a market value percent exceeding the stated limit 27 does not arbitrarily mean assets are to be liquidated to 28 satisfy the limit. 29 30 This paragraph shall apply to all boards of trustees and 31 participants. However, in the event that a municipality or 2 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 266 1-318A-98 1 special fire control district has a duly enacted pension plan 2 pursuant to, and in compliance with, s. 175.351, and the 3 trustees thereof desire to vary the investment procedures 4 herein, the trustees of such plan shall request a variance of 5 the investment procedures as outlined herein only through a 6 municipal ordinance, special act of the Legislature, or 7 resolution by the governing body of the special fire control 8 district; where a special act, or a municipality by ordinance 9 adopted prior to the effective date of this act October 1, 10 1986, permits a greater than 50-percent 30-percent equity 11 investment, such municipality shall not be required to comply 12 with the aggregate equity investment provisions of this 13 paragraph. The board of trustees may invest up to 10 percent 14 of plan assets in foreign securities. Investments shall not be 15 made in any stocks, bonds, or other securities owned or 16 controlled by a government other than that of the United 17 States or the several states. 18 (c) Issue drafts upon the firefighters' pension trust 19 fund pursuant to this act and rules and regulations prescribed 20 by the board of trustees. All such drafts shall be 21 consecutively numbered, be signed by the chair and secretary, 22 and state upon their faces the purpose for which the drafts 23 are drawn. The treasurer or depository of each municipality 24 or special fire control district shall retain such drafts when 25 paid, as permanent vouchers for disbursements made, and no 26 money shall be otherwise drawn from the fund. 27 (d) Convert into cash any securities of the fund. 28 (e) Keep a complete record of all receipts and 29 disbursements and of the board's acts and proceedings. 30 (2) Any and all acts and decisions shall be 31 effectuated by vote of a majority of the at least three 3 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 266 1-318A-98 1 members of the board; however, no trustee shall take part in 2 any action in connection with the trustee's own participation 3 in the fund, and no unfair discrimination shall be shown to 4 any individual firefighter participating in the fund. 5 (3) The board's action on all claims for retirement 6 under this act shall be final, provided, however, that the 7 rules and regulations of the board have been complied with. 8 (4) The secretary of the board of trustees shall keep 9 a record of all persons receiving retirement payments under 10 the provisions of this chapter, in which shall be noted the 11 time when the pension is allowed and when the pension shall 12 cease to be paid. In this record, the secretary shall keep a 13 list of all firefighters employed by the municipality or 14 special fire control district. The record shall show the 15 name, address, and time of employment of such firefighters and 16 when they cease to be employed by the municipality or special 17 fire control district. 18 (5)(4) The sole and exclusive administration of, and 19 the responsibilities for, the proper operation of the 20 firefighters' pension trust fund and for making effective the 21 provisions of this chapter are vested in the board of 22 trustees; however, nothing herein shall empower a board of 23 trustees to amend the provisions of a retirement plan without 24 the approval of the municipality or special fire control 25 district. The board of trustees shall keep in convenient form 26 such data as shall be necessary for an actuarial valuation of 27 the firefighters' pension trust fund and for checking the 28 actual experience of the fund. 29 (6)(a)(5) At least once every 3 years, the board of 30 trustees shall retain a professionally qualified an 31 independent consultant who shall professionally qualified to 4 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 266 1-318A-98 1 evaluate the performance of any existing professional money 2 manager and managers. The independent consultant shall make 3 recommendations to the board of trustees regarding the 4 selection of money managers for the next investment term. 5 These recommendations shall be considered by the board of 6 trustees at its next regularly scheduled meeting. The date, 7 time, place, and subject of this meeting shall be advertised 8 in the same manner as for any meeting of the board a newspaper 9 of general circulation in the municipality or special fire 10 control district, as appropriate, at least 10 days prior to 11 the date of the hearing. 12 (b) For purposes of this subsection, the term 13 "professionally qualified independent consultant" means a 14 consultant who, based on education and experience, is 15 professionally qualified to evaluate the performance of 16 professional money managers, and who, at a minimum: 17 1. Provides his or her services on a flat-fee basis. 18 2. Is not associated in any manner with the money 19 manager for the pension fund. 20 3. Makes calculations according to the American 21 Banking Institute method of calculating time-weighted rates of 22 return. All calculations must be made net of fees. 23 4. Has 3 or more years of experience working in the 24 public sector. 25 (7) To assist the board in meeting its 26 responsibilities under this chapter, the board, if it so 27 elects, may: 28 (a) Employ independent legal counsel at the pension 29 fund's expense. 30 (b) Employ an independent actuary at the pension 31 fund's expense. 5 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 266 1-318A-98 1 (c) Employ such independent professional, technical, 2 or other advisers as it deems necessary at the pension fund's 3 expense. 4 5 If the board chooses to use the municipality's or special 6 district's legal counsel or actuary, or chooses to use any of 7 the municipality's or special district's other professional, 8 technical, or other advisers, it may do so only under terms 9 and conditions acceptable to the board. 10 Section 2. Section 185.06, Florida Statutes, is 11 amended to read: 12 185.06 General powers and duties of board of 13 trustees.--For any municipality, chapter plan, local law 14 municipality, or local law plan under this chapter: 15 (1) The board of trustees may: 16 (a) Invest and reinvest the assets of the retirement 17 trust fund in annuity and life insurance contracts of life 18 insurance companies in amounts sufficient to provide, in whole 19 or in part, the benefits to which all of the participants in 20 the municipal police officers' retirement trust fund shall be 21 entitled under the provisions of this chapter, and pay the 22 initial and subsequent premiums thereon. 23 (b) Invest and reinvest the assets of the retirement 24 trust fund in: 25 1. Time or savings accounts of a national bank, a 26 state bank insured by the Bank Insurance Fund Federal Deposit 27 Insurance Corporation, or a savings and loan association 28 insured by the Savings Association Insurance Fund which are 29 administered by the Federal Deposit Insurance Corporation 30 Federal Savings and Loan Insurance Corporation. 31 6 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 266 1-318A-98 1 2. Obligations of the United States or obligations 2 guaranteed as to principal and interest by the United States. 3 3. Bonds issued by the State of Israel. 4 4. Bonds, stocks, or other evidences of indebtedness 5 issued or guaranteed by a corporation organized under the laws 6 of the United States, any state or organized territory of the 7 United States, or the District of Columbia, provided: 8 a. The corporation is listed on any one or more of the 9 recognized national stock exchanges and holds a rating in one 10 of the three highest classifications by a major rating 11 service; and 12 b. The board of trustees shall not invest more than 5 13 percent of its assets in the common stock or capital stock of 14 any one issuing company, nor shall the aggregate investment in 15 any one issuing company exceed 5 percent of the outstanding 16 capital stock of the company or the aggregate of its 17 investments under this subparagraph at market cost exceed 50 18 30 percent of the fund's assets. Investment experience 19 producing a market value percent exceeding the stated limit 20 does not arbitrarily mean assets are to be liquidated to 21 satisfy the limit. 22 23 This paragraph shall apply to all boards of trustees and 24 participants. However, in the event that a municipality has a 25 duly enacted pension plan pursuant to, and in compliance with, 26 s. 185.35 and the trustees thereof desire to vary the 27 investment procedures herein, the trustees of such plan shall 28 request a variance of the investment procedures as outlined 29 herein only through a municipal ordinance or special act of 30 the Legislature; where a special act, or a municipality by 31 ordinance adopted prior to the effective date of this act 7 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 266 1-318A-98 1 October 1, 1986, permits a greater than 50-percent 30-percent 2 equity investment, such municipality shall not be required to 3 comply with the aggregate equity investment provisions of this 4 paragraph. The board of trustees may invest up to 10 percent 5 of plan assets in foreign securities. Investments shall not be 6 made in any stocks, bonds, or other securities owned or 7 controlled by a government other than that of the United 8 States or of the several states. 9 (c) Issue drafts upon the municipal police officers' 10 retirement trust fund pursuant to this act and rules and 11 regulations prescribed by the board of trustees. All such 12 drafts shall be consecutively numbered, be signed by the chair 13 and secretary, and state upon their faces the purposes for 14 which the drafts are drawn. The city treasurer or other 15 depository shall retain such drafts when paid, as permanent 16 vouchers for disbursements made, and no money shall otherwise 17 be drawn from the fund. 18 (d) Finally decide all claims to relief under the 19 board's rules and regulations and pursuant to the provisions 20 of this act. 21 (e) Convert into cash any securities of the fund. 22 (f) Keep a complete record of all receipts and 23 disbursements and of the board's acts and proceedings. 24 (2) Any and all acts and decisions shall be 25 effectuated by vote of a majority of the at least three 26 members of the board; however, no trustee shall take part in 27 any action in connection with his or her own participation in 28 the fund, and no unfair discrimination shall be shown to any 29 individual employee participating in the fund. 30 (3) The secretary of the board of trustees shall keep 31 a record of all persons receiving retirement payments under 8 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 266 1-318A-98 1 the provisions of this chapter, in which shall be noted the 2 time when the pension is allowed and when the pension shall 3 cease to be paid. In this record, the secretary shall keep a 4 list of all police officers employed by the municipality. The 5 record shall show the name, address, and time of employment of 6 such police officer and when he or she ceases to be employed 7 by the municipality. 8 (4)(3) The sole and exclusive administration of, and 9 the responsibilities for, the proper operation of the 10 retirement trust fund and for making effective the provisions 11 of this chapter are vested in the board of trustees; however, 12 nothing herein shall empower a board of trustees to amend the 13 provisions of a retirement plan without the approval of the 14 municipality. The board of trustees shall keep in convenient 15 form such data as shall be necessary for an actuarial 16 valuation of the retirement trust fund and for checking the 17 actual experience of the fund. 18 (5)(a)(4) At least once every 3 years, the board of 19 trustees shall retain a professionally qualified an 20 independent consultant who shall professionally qualified to 21 evaluate the performance of any existing professional money 22 manager and managers. The independent consultant shall make 23 recommendations to the board of trustees regarding the 24 selection of money managers for the next investment term. 25 These recommendations shall be considered by the board of 26 trustees at its next regularly scheduled meeting. The date, 27 time, place, and subject of this meeting shall be advertised 28 in the same manner as for any meeting of the board a newspaper 29 of general circulation in the municipality at least 10 days 30 prior to the date of the hearing. 31 9 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 266 1-318A-98 1 (b) For the purpose of this subsection, the term 2 "professionally qualified independent consultant" means a 3 consultant who, based on education and experience, is 4 professionally qualified to evaluate the performance of 5 professional money managers, and who, at a minimum: 6 1. Provides his or her services on a flat-fee basis. 7 2. Is not associated in any manner with the money 8 manager for the pension fund. 9 3. Makes calculations according to the American 10 Banking Institute method of calculating time-weighted rates of 11 return. All calculations must be made net of fees. 12 4. Has 3 or more years of experience working in the 13 public sector. 14 (6) To assist the board in meeting its 15 responsibilities under this chapter, the board, if it so 16 elects, may: 17 (a) Employ independent legal counsel at the pension 18 fund's expense. 19 (b) Employ an independent actuary at the pension 20 fund's expense. 21 (c) Employ such independent professional, technical, 22 or other advisers as it deems necessary at the pension fund's 23 expense. 24 25 If the board chooses to use the municipality's or special 26 district's legal counsel or actuary, or chooses to use any of 27 the municipality's other professional, technical, or other 28 advisers, it may do so only under terms and conditions 29 acceptable to the board. 30 Section 3. This act shall take effect July 1, 1998. 31 10 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 266 1-318A-98 1 ***************************************** 2 SENATE SUMMARY 3 Revises the powers and duties of the Board of Trustees of the Municipal Police Officers' Retirement Trust Fund and 4 the Board of Trustees of the Municipal Firefighters' Pension Trust Fund. Provides standards for the investment 5 of funds. Provides qualifications for professionally qualified independent consultants who evaluate money 6 managers. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 11