House Bill 3075c3

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    Florida House of Representatives - 1998       CS/CS/CS/HB 3075

        By the Committees on Finance & Taxation, Governmental
    Operations, Law Enforcement & Public Safety and
    Representatives K. Pruitt, Futch, Thrasher, Starks, Feeney,
    Crist, Ritchie, Fasano and Diaz de la Portilla



  1                      A bill to be entitled

  2         An act relating to municipal firefighters'

  3         pension trust funds and municipal police

  4         officers' retirement trust funds; amending and

  5         revising the provisions of chapters 175 and

  6         185, F.S.; defining "chapter plans," "local law

  7         plans," and "supplemental plan municipality";

  8         redefining "compensation" or "salary" for

  9         retirement purposes under these chapters;

10         clarifying the applicability of minimum

11         benefits for both chapter and local law plans;

12         revising investment provisions to permit cities

13         greater investment latitude to make foreign

14         investments; eliminating discriminatory

15         language in conformance with state and federal

16         discrimination provisions; providing that

17         certain benefits provided are a minimum and may

18         not be diminished by any other state, local, or

19         federal benefits; providing an exception;

20         modifying the formula for calculating volunteer

21         firefighter service retirement benefits;

22         clarifying terminology relating to "sole and

23         exclusive use of" premium tax funds and "extra

24         benefits" by providing that moneys must be

25         placed in a police-only or firefighter-only

26         plan or a combined police and firefighter plan

27         as opposed to placing moneys in any type of

28         plan that includes general employees; providing

29         for establishment of a new board and for

30         transfer of assets in certain cases; creating

31         s. 175.195, F.S.; prohibiting certain

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  1         fraudulent practices; providing criminal and

  2         administrative penalties; repealing s. 175.152,

  3         F.S., relating to contributions; repealing s.

  4         175.251, F.S., relating to employment records

  5         that are required to be kept by the secretary

  6         of the board of trustees; repealing s. 175.291,

  7         F.S., relating to the requirement that the

  8         attorney for the municipality or special fire

  9         control district represent the board of

10         trustees upon request and the option to employ

11         independent counsel and other persons;

12         repealing s. 175.321, F.S., relating to the

13         application of certain provisions to

14         municipalities and fire control districts;

15         repealing s. 175.331, F.S., relating to the

16         rights of firefighters under former law;

17         repealing s. 175.391, F.S., relating to payment

18         of attorney's fees and costs; repealing s.

19         185.14, F.S., relating to contributions;

20         repealing s. 185.15, F.S, relating to

21         contributions and new employees; creating s.

22         185.185, F.S.; prohibiting certain fraudulent

23         practices; providing criminal and

24         administrative penalties; repealing s. 185.27,

25         F.S., relating to the roster of retirees;

26         repealing s. 185.29, F.S., relating to the city

27         attorney representing the board of trustees;

28         repealing s. 185.32, F.S., relating to

29         exemptions from the chapter; repealing s.

30         185.36, F.S., relating to the rights of police

31         officers under former laws; repealing s.

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  1         185.40, F.S., relating to costs and attorney's

  2         fees; providing an effective date.

  3

  4  Be It Enacted by the Legislature of the State of Florida:

  5

  6         Section 1.  Section 175.021, Florida Statutes, is

  7  amended to read:

  8         175.021  Legislative declaration.--

  9         (1)  It is hereby declared by the Legislature that

10  firefighters, as hereinafter defined, perform state and

11  municipal functions; that it is their duty to extinguish

12  fires, to protect life, and to protect property at their own

13  risk and peril; that it is their duty to prevent conflagration

14  and to continuously instruct school personnel, public

15  officials, and private citizens in the prevention of fires and

16  firesafety; that they protect both life and property from

17  local emergencies as defined in s. 252.34(3); and that their

18  activities are vital to the public safety.  It is further

19  declared that firefighters employed by special fire control

20  districts serve under the same circumstances and perform the

21  same duties as firefighters employed by municipalities and

22  should therefore be entitled to the benefits available under

23  this chapter.  Therefore, the Legislature declares that it is

24  a proper and legitimate state purpose to provide a uniform

25  retirement system for the benefit of firefighters as

26  hereinafter defined and intends, in implementing the

27  provisions of s. 14, Art. X of the State Constitution as they

28  relate to municipal and special district firefighters' pension

29  trust fund systems and plans, that such retirement systems or

30  plans be managed, administered, operated, and funded in such

31  manner as to maximize the protection of the firefighters'

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  1  pension trust funds. Pursuant to s. 18, Art. VII of the State

  2  Constitution, the Legislature hereby determines and declares

  3  that the provisions of this act fulfill an important state

  4  interest.

  5         (2)  This chapter hereby establishes, for all municipal

  6  and special district pension plans existing now or hereafter

  7  under this chapter, including chapter plans and local law

  8  plans, minimum benefits and minimum standards for the

  9  operation and funding of such municipal and special district

10  firefighters' pension trust fund systems and plans,

11  hereinafter referred to as firefighters' pension trust funds.

12  The minimum benefits and minimum standards set forth in this

13  chapter may not be diminished by local charter, ordinance, or

14  resolution or by special act of the Legislature, nor may the

15  minimum benefits or minimum standards be reduced or offset by

16  any other local, state, or federal law that may include

17  firefighters in its operation, except as provided under s.

18  112.65.

19         Section 2.  Section 175.032, Florida Statutes, is

20  amended to read:

21         (Substantial rewording of section.  See

22         s. 175.032, F.S., for present text.)

23         175.032  Definitions.--For any municipality, special

24  fire control district, chapter plan, local law municipality,

25  local law special fire control district, or local law plan

26  under this chapter, the following words and phrases have the

27  following meanings:

28         (1)(a)  "Average final compensation" for a full-time

29  firefighter means one-twelfth of the average annual

30  compensation of the 5 best years of the last 10 years of

31  creditable service prior to retirement, termination, or death,

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  1  or the career average as a full-time firefighter since July 1,

  2  1953, whichever is greater. A year shall be 12 consecutive

  3  months or such other consecutive period of time as is used and

  4  consistently applied.

  5         (b)  "Average final compensation" for a volunteer

  6  firefighter means the average salary of the 5 best years of

  7  the last 10 best contributing years prior to change in status

  8  to a permanent full-time firefighter or retirement as a

  9  volunteer firefighter or the career average of a volunteer

10  firefighter, since July 1, 1953, whichever is greater.

11         (2)  "Chapter plan" means a separate defined benefit

12  pension plan for firefighters which incorporates by reference

13  the provisions of this chapter and has been adopted by the

14  governing body of a municipality or special district.  Except

15  as may be specifically authorized in this chapter, provisions

16  of a chapter plan may not differ from the plan provisions set

17  forth in ss. 175.021-175.341 and 175.361-175.401.  Actuarial

18  valuations of chapter plans shall be conducted by the division

19  as provided by s. 175.261(1).

20         (3)  "Compensation" or "salary" means the fixed monthly

21  remuneration paid a firefighter; where, as in the case of a

22  volunteer firefighter, remuneration is based on actual

23  services rendered, the term means the total cash remuneration

24  received yearly for such services, prorated on a monthly

25  basis.

26         (a)  A retirement trust fund or plan may use a

27  definition of salary other than the definition in this

28  subsection but only if the monthly retirement income payable

29  to each firefighter covered by the retirement trust fund or

30  plan, as determined under s. 175.162(2)(a) and using such

31  other definition, equals or exceeds the monthly retirement

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  1  income that would be payable to each firefighter if his

  2  monthly retirement income were determined under s.

  3  175.162(2)(a) and using the definition in this subsection.

  4         (b)  Any retirement trust fund or plan which now or

  5  hereafter meets the requirements of this chapter shall not,

  6  solely by virtue of this subsection, reduce or diminish the

  7  monthly retirement income otherwise payable to each

  8  firefighter covered by the retirement trust fund or plan.

  9         (c)  The member's compensation or salary contributed as

10  employee-elective salary reductions or deferrals to any salary

11  reduction, deferred compensation, or tax-sheltered annuity

12  program authorized under the Internal Revenue Code shall be

13  deemed to be the compensation or salary the member would

14  receive if he or she were not participating in such program

15  and shall be treated as compensation for retirement purposes

16  under this chapter.

17         (d)  For any person who first becomes a member in any

18  plan year beginning on or after January 1, 1996, compensation

19  for any plan year shall not include any amounts in excess of

20  the Internal Revenue Code Section 401(a)(17) limitation [as

21  amended by the Omnibus Budget Reconciliation Act of 1993],

22  which limitation of $150,000 shall be adjusted as required by

23  federal law for qualified government plans and shall be

24  further adjusted for changes in the cost of living in the

25  manner provided by Internal Revenue Code Section

26  401(a)(17)(B).  For any person who first became a member prior

27  to the first plan year beginning on or after January 1, 1996,

28  the limitation on compensation shall be not less than the

29  maximum compensation amount that was allowed to be taken into

30  account under the plan as in effect on July 1, 1993, which

31  limitation shall be adjusted for changes in the cost of living

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  1  since 1989 in the manner provided by Internal Revenue Code

  2  Section 401(a)(17)(1991).

  3         (4)  "Creditable service" or "credited service" means

  4  the aggregate number of years of service, and fractional parts

  5  of years of service, of any firefighter, omitting intervening

  6  years and fractional parts of years when such firefighter may

  7  not have been employed by the municipality or special fire

  8  control district, subject to the following conditions:

  9         (a)  No firefighter will receive credit for years or

10  fractional parts of years of service if he or she has

11  withdrawn his or her contributions to the fund for those years

12  or fractional parts of years of service, unless the

13  firefighter repays into the fund the amount he or she has

14  withdrawn, plus interest determined by the board.  The member

15  shall have at least 90 days after his or her reemployment to

16  make repayment.

17         (b)  A firefighter may voluntarily leave his or her

18  contributions in the fund for a period of 5 years after

19  leaving the employ of the fire department, pending the

20  possibility of being rehired by the same department, without

21  losing credit for the time he or she has participated actively

22  as a firefighter. If the firefighter is not reemployed as a

23  firefighter, with the same department, within 5 years, his or

24  her contributions shall be returned without interest.

25         (c)  Credited service under this chapter shall be

26  provided only for service as a firefighter, as defined in s.

27  175.032(8), or for military service and shall not include

28  credit for any other type of service. A municipality may, by

29  local ordinance, or a special fire control district may, by

30  resolution, provide for the purchase of credit for military

31  service prior to employment as well as for prior service as a

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  1  firefighter for some other employer as long as a firefighter

  2  is not entitled to receive a benefit for such other prior

  3  service as a firefighter.

  4         (d)  In determining the creditable service of any

  5  firefighter, credit for up to 5 years of the time spent in the

  6  military service of the Armed Forces of the United States

  7  shall be added to the years of actual service if:

  8         1.  The firefighter is in the active employ of an

  9  employer immediately prior to such service and leaves a

10  position, other than a temporary position, for the purpose of

11  voluntary or involuntary service in the Armed Forces of the

12  United States.

13         2.  The firefighter is entitled to reemployment under

14  the provisions of the Uniformed Services Employment and

15  Reemployment Rights Act.

16         3.  The firefighter returns to his or her employment as

17  a firefighter of the municipality or special fire control

18  district within 1 year from the date of release from such

19  active service.

20         (5)  "Deferred Retirement Option Plan" or "DROP" means

21  a local law plan retirement option in which a firefighter may

22  elect to participate. A firefighter may retire for all

23  purposes of the plan and defer receipt of retirement benefits

24  into a DROP account while continuing employment with his

25  employer. However, a firefighter who enters the DROP and who

26  is otherwise eligible to participate shall not thereby be

27  precluded from participating, or continuing to participate, in

28  a supplemental plan in existence on, or created after, the

29  effective date of this act.

30         (6)  "Division" means the Division of Retirement of the

31  Department of Management Services.

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  1         (7)  "Enrolled actuary" means an actuary who is

  2  enrolled under Subtitle C of Title III of the Employee

  3  Retirement Income Security Act of 1974 and who is a member of

  4  the Society of Actuaries or the American Academy of Actuaries.

  5         (8)(a)  "Firefighter" means any person employed solely

  6  by a constituted fire department of any municipality or

  7  special fire control district who is certified as a

  8  firefighter as a condition of employment in accordance with

  9  the provisions of s. 633.35 and whose duty it is to extinguish

10  fires, to protect life, or to protect property.  However, for

11  purposes of this chapter only, "firefighter" also includes

12  public safety officers who are responsible for performing both

13  police and fire services, who are certified as police officers

14  or firefighters, and who are certified by their employers to

15  the Insurance Commissioner and Treasurer as participating in

16  this chapter prior to October 1, 1979.  Effective October 1,

17  1979, public safety officers who have not been certified as

18  participating in this chapter shall be considered police

19  officers for retirement purposes and shall be eligible to

20  participate in chapter 185. Any plan may provide that the fire

21  chief shall have an option to participate, or not, in that

22  plan.

23         (b)  "Volunteer firefighter" means any person whose

24  name is carried on the active membership roll of a constituted

25  volunteer fire department or a combination of a paid and

26  volunteer fire department of any municipality or special fire

27  control district and whose duty it is to extinguish fires, to

28  protect life, and to protect property.  Compensation for

29  services rendered by a volunteer firefighter shall not

30  disqualify him or her as a volunteer.  A person shall not be

31  disqualified as a volunteer firefighter solely because he or

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  1  she has other gainful employment.  Any person who volunteers

  2  assistance at a fire but is not an active member of a

  3  department described herein is not a volunteer firefighter

  4  within the meaning of this paragraph.

  5         (9)  "Firefighter's Pension Trust Fund" means a trust

  6  fund, by whatever name known, as provided under s. 175.041,

  7  for the purpose of assisting municipalities and special fire

  8  control districts in establishing and maintaining a retirement

  9  plan for firefighters.

10         (10)  "Local law municipality" is any municipality in

11  which there exists a local law plan.

12         (11)  "Local law plan" means a defined benefit pension

13  plan for firefighters, or for firefighters or police officers

14  where included, as described in s. 175.351, established by

15  municipal ordinance, special district resolution, or special

16  act of the Legislature, which enactment sets forth all plan

17  provisions.  Local law plan provisions may vary from the

18  provisions of this chapter, provided that required minimum

19  benefits and minimum standards are met.  Any such variance

20  shall provide a greater benefit for firefighters.  Actuarial

21  valuations of local law plans shall be conducted by an

22  enrolled actuary as provided in s. 175.261(2).

23         (12)  "Local law special fire control district" is any

24  special fire control district in which there exists a local

25  law plan.

26         (13)  "Property insurance" means property insurance as

27  defined in s. 624.604 and covers real and personal property

28  within the corporate limits of any municipality, or within the

29  boundaries of any special fire control district, within the

30  state. "Multiple peril" means a combination or package policy

31

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  1  that includes both property and casualty coverage for a single

  2  premium.

  3         (14)  "Retiree" or "retired firefighter" means a

  4  firefighter who has entered retirement status. For the

  5  purposes of a plan that includes a Deferred Retirement Option

  6  Plan (DROP), a firefighter who enters the DROP shall be

  7  considered a retiree for all purposes of the plan. However, a

  8  firefighter who enters the DROP and who is otherwise eligible

  9  to participate shall not thereby be precluded from

10  participating, or continuing to participate, in a supplemental

11  plan in existence on, or created after, the effective date of

12  this act.

13         (15)  "Retirement" means a firefighter's separation

14  from city or fire district employment as a firefighter with

15  immediate eligibility for receipt of benefits under the plan.

16  For purposes of a plan that includes a Deferred Retirement

17  Option Plan (DROP), "retirement" means the date a firefighter

18  enters the DROP.

19         (16)  "Special fire control district" means a special

20  district, as defined in s. 189.403(1), established for the

21  purposes of extinguishing fires, protecting life, and

22  protecting property within the incorporated or unincorporated

23  portions of any county or combination of counties, or within

24  any combination of incorporated and unincorporated portions of

25  any county or combination of counties.  The term does not

26  include any dependent or independent special district, as

27  defined in s. 189.403(2) and (3), respectively, the employees

28  of which are members of the Florida Retirement System pursuant

29  to s. 121.051(1) or (2).

30         (17)  "Supplemental plan" means a plan to which

31  deposits are made to provide extra benefits for firefighters,

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  1  or for firefighters and police officers where included under

  2  this chapter.  Such a plan is an element of a local law plan

  3  and exists in conjunction with a defined benefit plan that

  4  meets the minimum benefits and minimum standards of this

  5  chapter.

  6         (18)  "Supplemental plan municipality" means any local

  7  law municipality in which there existed a supplemental plan,

  8  of any type or nature, as of January 1, 1997.

  9         Section 3.  Section 175.041, Florida Statutes, is

10  amended to read:

11         175.041  Firefighters' Pension Trust Fund created;

12  applicability of provisions.--For any municipality, special

13  fire control district, chapter plan, local law municipality,

14  local law special fire control district, or local law plan

15  under this chapter:

16         (1)  There shall be established is hereby created a

17  special fund exclusively for the purpose of this chapter,

18  which in the case of chapter plans shall to be known as the

19  "Firefighters' Pension Trust Fund," exclusively for the

20  purpose of this chapter, in each municipality and each special

21  fire control district of this state heretofore or hereafter

22  created which now has or which may hereafter have a

23  constituted fire department or an authorized volunteer fire

24  department, or any combination thereof, and which municipality

25  or special fire control district does not presently have

26  established by law, special law, or local ordinance a similar

27  fund.

28         (2)  To qualify as a fire department or volunteer fire

29  department or combination thereof under the provisions of this

30  chapter, the department shall own and use apparatus for the

31  fighting of fires that was is in compliance with National Fire

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  1  Protection Association Standards for Automotive Fire Apparatus

  2  at the time of purchase.

  3         (3)  The provisions of this chapter shall apply only to

  4  municipalities organized and established pursuant to the laws

  5  of the state and to special fire control districts, and said

  6  provisions shall not apply to the unincorporated areas of any

  7  county or counties except with respect to special fire control

  8  districts that include unincorporated areas, nor shall the

  9  provisions hereof apply to any governmental entity whose

10  firefighters are eligible to employees participate in the

11  Florida Retirement System.  Special fire control districts

12  that include, or consist exclusively of, unincorporated areas

13  of one or more counties may levy and impose the tax and

14  participate in the retirement programs enabled by this

15  chapter.

16         (4)  No municipality shall establish more than one

17  retirement plan for public safety officers which is supported

18  in whole or in part by the distribution of premium tax funds

19  as provided by this chapter or chapter 185, nor shall any

20  municipality establish a retirement plan for public safety

21  officers which receives premium tax funds from both this

22  chapter and chapter 185.

23         Section 4.  Section 175.051, Florida Statutes, is

24  amended to read:

25         175.051  Actuarial deficits not state obligation.--For

26  any municipality, special fire control district, chapter plan,

27  local law municipality, local law special fire control

28  district, or local law plan under this chapter, actuarial

29  deficits, if any, arising under this chapter act, shall not be

30  the obligation of the state.

31

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  1         Section 5.  Section 175.061, Florida Statutes, is

  2  amended to read:

  3         175.061  Board of trustees; members, terms of office;

  4  meetings; legal entity; costs; attorney's fees.--For any

  5  municipality, special fire control district, chapter plan,

  6  local law municipality, local law special fire control

  7  district, or local law plan under this chapter:

  8         (1)  In each municipality and in each special fire

  9  control district there is hereby created a board of trustees

10  of the firefighters' pension trust fund, which shall be solely

11  responsible for administering the trust fund.  Effective

12  October 1, 1986, and thereafter:,

13         (a)  The membership of the board of trustees for a

14  chapter plan shall consist of five members, two of whom,

15  unless otherwise prohibited by law, shall be legal residents

16  of the municipality or special fire control district, who

17  shall be appointed by the governing body of the municipality

18  or special fire control district, and two of whom shall be

19  full-time firefighters as defined in s. 175.032 who shall be

20  elected by a majority of the active firefighters who are

21  members of such plan. With respect to any chapter plan or

22  local law plan that, on January 1, 1997, allowed retired

23  firefighters to vote in such elections, retirees may continue

24  to vote in such elections. The fifth member shall be chosen by

25  a majority of the previous four members as provided for

26  herein, and such person's name shall be submitted to the

27  governing body of the municipality or special fire control

28  district.  Upon receipt of the fifth person's name, the

29  governing body of the municipality or special fire control

30  district shall, as a ministerial duty, appoint such person to

31  the board of trustees as its fifth member. The fifth member

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  1  shall have the same rights as each of the other four members

  2  appointed or elected as herein provided, shall serve as

  3  trustee for a period of 2 years, and may succeed himself or

  4  herself in office.  Each resident member shall serve as

  5  trustee for a period of 2 years, unless sooner replaced by the

  6  governing body at whose pleasure he or she shall serve, and

  7  may succeed himself or herself as a trustee. Each firefighter

  8  member shall serve as trustee for a period of 2 years, unless

  9  he or she sooner leaves the employment of the municipality or

10  special fire control district as a firefighter, whereupon a

11  successor shall be chosen in the same manner as an original

12  appointment.  Each firefighter may succeed himself or herself

13  in office.

14         (b)  The membership of boards of trustees for local law

15  plans shall be as follows:

16         1.  If a municipality or special fire control district

17  has a pension plan for firefighters only, the provisions of

18  paragraph (a) shall apply.

19         2.  If a municipality has a pension plan for

20  firefighters and police officers, the provisions of paragraph

21  (a) shall apply, except that one member of the board shall be

22  a firefighter as defined in s. 175.032 and one member of the

23  board shall be a police officer as defined in s. 185.02,

24  respectively elected by a majority of the active firefighters

25  or police officers who are members of the plan.

26         3.  Any board of trustees operating a local law plan on

27  July 1, 1998, which is combined with a plan for general

28  employees shall hold an election of the firefighters, or

29  firefighters and police officers, if included, to determine

30  whether a plan is to be established for firefighters only, or

31  for firefighters and police officers where included.  Based on

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  1  the election results, a new board shall be established as

  2  provided in subparagraph 1. or 2., as appropriate. The

  3  municipality or fire control district shall enact an ordinance

  4  or resolution to implement the new board by October 1, 1998.

  5  The newly established board shall take whatever action is

  6  necessary to determine the amount of assets which is

  7  attributable to firefighters, or firefighters and police

  8  officers where included.  Such assets shall include all

  9  employer, employee, and state contributions made by or on

10  behalf of firefighters, or firefighters and police officers

11  where included, and any investment income derived from such

12  contributions.  All such moneys shall be transferred into the

13  newly established retirement plan, as directed by the board.

14

15  With respect to any board of trustees operating a local law

16  plan on June 30, 1986, nothing in this paragraph shall permit

17  the reduction of the membership percentage of firefighters, or

18  of firefighters and police officers where a joint or mixed

19  fund exists. The board of trustees shall meet at least

20  quarterly each year.  Each board of trustees shall be a legal

21  entity with, in addition to other powers and responsibilities

22  contained herein, the power to bring and defend lawsuits of

23  every kind, nature, and description.

24         (2)  The trustees shall by a majority vote elect from

25  their number a chair and a secretary.  The secretary of the

26  board shall keep a complete minute book of the actions,

27  proceedings, or hearings of the board.  The trustees shall not

28  receive any compensation as such, but may receive expenses and

29  per diem as provided by Florida law.

30         (3)  The board of trustees shall meet at least

31  quarterly each year.

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  1         (4)  Each board of trustees shall be a legal entity

  2  with, in addition to other powers and responsibilities

  3  contained herein, the power to bring and defend lawsuits of

  4  every kind, nature, and description.

  5         (5)  In any judicial proceeding or administrative

  6  proceeding under chapter 120 brought under or pursuant to the

  7  provisions of this chapter, the prevailing party shall be

  8  entitled to recover the costs thereof, together with

  9  reasonable attorney's fees.

10         (6)  The provisions of this section may not be altered

11  by a participating municipality or special fire control

12  district operating a chapter plan or local law plan under this

13  chapter.

14         Section 6.  Section 175.071, Florida Statutes, is

15  amended to read:

16         175.071  General powers and duties of board of

17  trustees.--For any municipality, special fire control

18  district, chapter plan, local law municipality, local law

19  special fire control district, or local law plan under this

20  chapter:

21         (1)  The board of trustees may:

22         (a)  Invest and reinvest the assets of the

23  firefighters' pension trust fund in annuity and life insurance

24  contracts of life insurance companies in amounts sufficient to

25  provide, in whole or in part, the benefits to which all of the

26  participants in the firefighters' pension trust fund shall be

27  entitled under the provisions of this chapter and pay the

28  initial and subsequent premiums thereon.

29         (b)  Invest and reinvest the assets of the

30  firefighters' pension trust fund in:

31

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  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 is administered by the Federal Deposit Insurance

  6  Corporation or a state or federal chartered Credit Union whose

  7  share accounts are insured by the National Credit Union Share

  8  Insurance Fund. Federal Savings and Loan Insurance

  9  Corporation.

10         2.  Obligations of the United States or obligations

11  guaranteed as to principal and interest by the Government of

12  the United States.

13         3.  Bonds issued by the State of Israel.

14         4.  Bonds, stocks, or other evidences of indebtedness

15  issued or guaranteed by a corporation organized under the laws

16  of the United States, any state or organized territory of the

17  United States, or the District of Columbia, provided:

18         a.  The corporation is listed on any one or more of the

19  recognized national stock exchanges and, in the case of bonds

20  only,  holds a rating in one of the three highest

21  classifications by a major rating service; and

22         b.  The board of trustees shall not invest more than 5

23  percent of its assets in the common stock or capital stock of

24  any one issuing company, nor shall the aggregate investment in

25  any one issuing company exceed 5 percent of the outstanding

26  capital stock of that company or the aggregate of its

27  investments under this subparagraph at cost exceed 50 30

28  percent of the assets of the fund.

29

30  This paragraph shall apply to all boards of trustees and

31  participants. However, in the event that a municipality or

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  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

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  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

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  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, a "professionally

13  qualified independent consultant" means a consultant who,

14  based on education and experience, is professionally qualified

15  to evaluate the performance of professional money managers,

16  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, as defined in s.

31  175.032(6), at the pension fund's expense.

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  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 city's or special district's

  6  legal counsel or actuary, or chooses to use any of the city's

  7  or special district's other professional, technical, or other

  8  advisers, it shall do so only under terms and conditions

  9  acceptable to the board.

10         Section 7.  Section 175.081, Florida Statutes, is

11  amended to read:

12         175.081  Use of annuity or insurance policies.--When

13  the board of trustees of any municipality, special fire

14  control district, chapter plan, local law municipality, local

15  law special fire control district, or local law plan purchases

16  annuity or life insurance contracts to provide all or any part

17  of the benefits as provided for by this chapter act, the

18  following principles shall be observed:

19         (1)  Only those firefighters who have been members of

20  the firefighters' pension trust fund for 1 year or more may

21  participate in the insured plan.

22         (2)  Individual policies shall be purchased only when a

23  group insurance plan is not feasible.

24         (3)  Each application and policy shall designate the

25  firefighters' pension trust fund as owner of the policy.

26         (4)  Policies shall be written on an annual premium

27  basis.

28         (5)  The type of policy shall be one which for the

29  premium paid provides each individual with the maximum

30  retirement benefit at his or her earliest statutory normal

31  retirement age.

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  1         (6)  Death benefit, if any, should not exceed:

  2         (a)  One hundred times the estimated normal retirement

  3  income, based on the assumption that the present rate of

  4  compensation continues without change to normal retirement

  5  date, or

  6         (b)  Twice the annual rate of compensation as of the

  7  date of termination of service, or

  8         (c)  The single-sum value of the accrued deferred

  9  retirement income (beginning at normal retirement date) at

10  date of termination of service, whichever is greatest.

11         (7)  An insurance plan may provide that the assignment

12  of insurance contract to separating firefighters shall be at

13  least equivalent to the return of the firefighters'

14  contributions used to purchase the contract. An assignment of

15  contract discharges the municipality or special fire control

16  district, as appropriate, from all further obligation to the

17  participant under the plan even though the cash value of such

18  contract may be less than the firefighters' contributions.

19         (8)  Provisions shall be made, either by issuance of

20  separate policies or otherwise, that the separating

21  firefighter does not receive cash value and other benefits

22  under the policies assigned to him or her which exceed the

23  present value of his or her vested interest under the

24  firefighters' pension trust fund, inclusive of his or her

25  contribution to the plan; the contributions by the state shall

26  not be exhausted faster merely because the method of funding

27  adopted was through insurance companies.

28         (9)  The firefighter shall have the right at any time

29  to give the board of trustees written instructions designating

30  the primary and contingent beneficiaries to receive death

31  benefits or proceeds and the method of settlement of the death

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  1  benefit or proceeds, or requesting a change in the beneficiary

  2  designation or method of settlement previously made, subject

  3  to the terms of the policy or policies on his or her life.

  4  Upon receipt of such written instructions, the board of

  5  trustees shall take necessary steps to effectuate the

  6  designation or change of beneficiary or settlement option.

  7         Section 8.  Section 175.091, Florida Statutes, is

  8  amended to read:

  9         175.091  Creation and maintenance of fund.--For any

10  municipality, special fire control district, chapter plan,

11  local law municipality, local law special fire control

12  district, or local law plan under this chapter:

13         (1)  The firefighters' pension trust fund in each

14  municipality and in each special fire control district shall

15  be created and maintained in the following manner:

16         (a)  By payment to the fund of the net proceeds of the

17  1.85-percent excise or other similar tax which may be imposed

18  by the municipality or special fire control district upon fire

19  insurance companies, fire insurance associations, or other

20  property insurers on their gross receipts on premiums from

21  holders of policies, which policies cover real or personal

22  property within the corporate limits of such municipality, in

23  the case of a municipal government, and within the legally

24  defined jurisdiction of the district, in the case of a special

25  fire control district.  Whenever a municipality maintains a

26  firefighters' pension trust fund under the provisions of this

27  chapter but is partially contained within the boundaries of a

28  special fire control district, that portion of the

29  1.85-percent excise, license, or other similar tax which is

30  collected for insurance policies covering property within the

31  jurisdiction of both the municipality and the special fire

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  1  control district shall be given to the firefighters' pension

  2  trust fund of the fire service provider.  Remaining revenues

  3  collected pursuant to this chapter shall be distributed to the

  4  municipality or special fire control district according to the

  5  location of the insured property.

  6         (b)  Except as reduced or increased contributions are

  7  authorized by subsection (2), by the payment to the fund of 5

  8  percent of the salary of each uniformed firefighter who is a

  9  member or duly enrolled in the fire department of any

10  municipality or special fire control district, which 5 percent

11  shall be deducted by the municipality or special fire control

12  district from the compensation due to the firefighter and paid

13  over to the board of trustees of the firefighters' pension

14  trust fund wherein such firefighter is employed.  A

15  firefighter participating in the old age survivors insurance

16  of the federal Social Security Law may limit his or her

17  contribution to the firefighters' pension trust fund to 3

18  percent of his or her annual compensation and receive reduced

19  benefits as set forth in ss. 175.191(5) and 175.211.  No

20  firefighter shall have any right to the money so paid into the

21  fund except as provided in this chapter.

22         (c)  By all fines and forfeitures imposed and collected

23  from any firefighter because of the violation of any rule and

24  regulation promulgated by the board of trustees.

25         (d)  By mandatory payment by the municipality or

26  special fire control district of a sum equal to the normal

27  cost of and the amount required to fund over a period of 40

28  years or on a 40-year basis, any actuarial deficiency shown by

29  an a quinquennial actuarial valuation as provided in part VII

30  of chapter 112.  The first such actuarial valuation shall be

31  conducted for the calendar year ending December 31, 1967.

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  1         (e)  By all gifts, bequests, and devises when donated

  2  to the fund.

  3         (f)  By all accretions to the fund by way of interest

  4  or dividends on bank deposits, or otherwise.

  5         (g)  By all other sources or income now or hereafter

  6  authorized by law for the augmentation of such firefighters'

  7  pension trust fund.

  8         (2)  Member contribution rates may be adjusted as

  9  follows:

10         (a)  The employing municipality or special fire control

11  district, by local ordinance or resolution, may elect to make

12  an employee's contributions.  However, under no circumstances

13  may a municipality or special fire control district reduce the

14  member contribution to less than one-half of 1 percent of

15  salary.

16         (b)  Firefighter member contributions may be increased

17  by consent of the members' collective bargaining

18  representative or, if none, by majority consent of firefighter

19  members of the fund to provide greater benefits.

20

21  Nothing in this section shall be construed to require

22  adjustment of member contribution rates in effect on the date

23  this act becomes a law, including rates that exceed 5 percent

24  of salary, provided that such rates are at least one-half of 1

25  percent of salary.

26         Section 9.  Section 175.101, Florida Statutes, is

27  amended to read:

28         175.101  State excise tax on property insurance

29  premiums authorized; procedure.--For any municipality, special

30  fire control district, chapter plan, local law municipality,

31

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  1  local law special fire control district, or local law plan

  2  under this chapter:

  3         (1)  Each municipality or special fire control district

  4  in this state described and classified in s. 175.041, having a

  5  lawfully established firefighters' pension trust fund or

  6  municipal fund or special fire control district fund, by

  7  whatever name known, providing pension benefits to

  8  firefighters as provided under this chapter by whatever name

  9  known, may assess and impose on every insurance company,

10  corporation, or other insurer now engaged in or carrying on,

11  or who shall hereinafter engage in or carry on, the business

12  of property insurance as shown by the records of the

13  Department of Insurance an excise tax in addition to any

14  lawful license or excise tax now levied by each of the

15  municipalities or special fire control districts,

16  respectively, amounting to 1.85 percent of the gross amount of

17  receipts of premiums from policyholders on all premiums

18  collected on property insurance policies covering property

19  within the corporate limits of such municipalities or within

20  the legally defined boundaries of special fire control

21  districts, respectively. This tax shall apply to all insurers,

22  whether authorized or not, transacting business in this state.

23  Whenever the boundaries of a special fire control district

24  that has lawfully established a firefighters' pension trust

25  fund encompass a portion of the corporate territory of a

26  municipality that has also lawfully established a

27  firefighters' pension trust fund, that portion of the tax

28  receipts attributable to insurance policies covering property

29  situated both within the municipality and the special fire

30  control district shall be given to the fire service provider.

31  The agent shall identify the fire service provider on the

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  1  property owner's application for insurance.  Remaining

  2  revenues collected pursuant to this chapter shall be

  3  distributed to the municipality or special fire control

  4  district according to the location of the insured property.

  5         (2)  In the case of multiple peril policies with a

  6  single premium for both the property and casualty coverages in

  7  such policies, 70 percent of such premium shall be used as the

  8  basis for the 1.85-percent tax.

  9         (3)  This excise tax shall be payable annually on March

10  1 of each year after the passage of an ordinance, in the case

11  of a municipality, or resolution, in the case of a special

12  fire control district, assessing and imposing the tax

13  authorized by this section.  Installments of taxes shall be

14  paid according to the provision of s. 624.5092(2)(a), (b), and

15  (c).

16         Section 10.  Section 175.111, Florida Statutes, is

17  amended to read:

18         175.111  Certified copy of ordinance or resolution

19  filed; insurance companies' annual report of premiums;

20  duplicate files; book of accounts.--For any municipality,

21  special fire control district, chapter plan, local law

22  municipality, local law special fire control district, or

23  local law plan under this chapter, whenever any municipality

24  passes an ordinance, or whenever any special fire control

25  district passes a resolution establishing a chapter plan or

26  local law plan, assessing and imposing the taxes authorized in

27  s. 175.101, a certified copy of such ordinance or resolution

28  shall be deposited with the division. Thereafter every

29  insurance company, association, corporation, or other insurer

30  carrying on the business of property insurance on real or

31  personal property, on or before the succeeding March 1 after

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  1  date of the passage of the ordinance or resolution, shall

  2  report fully in writing and under oath to the division and the

  3  Department of Revenue a just and true account of all premiums

  4  by such insurer received for property insurance policies

  5  covering or insuring any real or personal property located

  6  within the corporate limits of each such municipality or

  7  special fire control district during the period of time

  8  elapsing between the date of the passage of the ordinance or

  9  resolution and the end of the calendar year succeeding March

10  1.  The report shall include the code designation as

11  prescribed by the division for each piece of insured property,

12  real or personal, located within the corporate limits of each

13  municipality and within the legally defined boundaries of each

14  special fire control district.  The aforesaid insurer shall

15  annually thereafter, on March 1, file with the division and

16  the Department of Revenue a similar report covering the

17  preceding year's premium receipts, and every such insurer at

18  the same time of making such reports shall pay to the

19  Department of Revenue the amount of the tax hereinbefore

20  mentioned.  Every insurer engaged in carrying on such

21  insurance business in the state shall keep accurate books of

22  accounts of all such business done by it within the corporate

23  limits of each such municipality and within the legally

24  defined boundaries of each such special fire control district,

25  and in such manner as to be able to comply with the provisions

26  of this chapter.  Based on the insurers' reports of premium

27  receipts, the division shall prepare a consolidated premium

28  report and shall furnish to any municipality or special fire

29  control district requesting the same a copy of the relevant

30  section of that report.

31

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  1         Section 11.  Section 175.121, Florida Statutes, is

  2  amended to read:

  3         175.121  Department of Revenue and Division of

  4  Retirement to keep accounts of deposits; disbursements.--For

  5  any municipality or special fire control district having a

  6  chapter or local law plan established pursuant to this

  7  chapter:

  8         (1)  The Department of Revenue shall keep a separate

  9  account of all moneys collected for each municipality and each

10  special fire control district under the provisions of this

11  chapter. All moneys so collected must be transferred to the

12  Police and Firefighters' Premium Tax Trust Fund and shall be

13  separately accounted for by the division. The moneys budgeted

14  as necessary to pay the expenses of the division for the daily

15  oversight and monitoring of the firefighters' pension plans

16  under this chapter and for the oversight and actuarial reviews

17  conducted under part VII of chapter 112 are annually

18  appropriated from the interest and investment income earned on

19  the moneys collected for each municipality or special fire

20  control district and deposited in the Police and Firefighters'

21  Premium Tax Trust Fund.  Interest and investment income

22  remaining thereafter in the trust fund which is unexpended and

23  otherwise unallocated by law shall revert to the General

24  Revenue Fund on June 30 of each year.

25         (2)  The Comptroller shall, on or before July 1 June 1

26  of each year, and at such other times as authorized by the

27  division, draw his or her warrants on the full net amount of

28  money then on deposit in the Police and Firefighters' Premium

29  Tax Trust Fund pursuant to this chapter, specifying the

30  municipalities and special fire control districts to which the

31  moneys must be paid and the net amount collected for and to be

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  1  paid to each municipality or special fire control district,

  2  respectively, subject to the limitation on disbursement under

  3  s. 175.122. The sum payable to each municipality or special

  4  fire control district is appropriated annually out of the

  5  Police and Firefighters' Premium Tax Trust Fund. The warrants

  6  of the Comptroller shall be payable to the respective

  7  municipalities and special fire control districts entitled to

  8  receive them and shall be remitted annually by the division to

  9  the respective municipalities and special fire control

10  districts.  In lieu thereof, the municipality or special fire

11  control district may provide authorization to the division for

12  the direct payment of the premium tax to the board of

13  trustees. In order for a municipality or special fire control

14  district and its pension fund to participate in the

15  distribution of premium tax moneys under this chapter, all the

16  provisions shall be complied with annually, including state

17  acceptance pursuant to part VII of chapter 112.

18         (3)(a)  All moneys not distributed to municipalities

19  and special fire control districts under this section as a

20  result of the limitation on disbursement contained in s.

21  175.122, or as a result of any municipality or special fire

22  control district not having qualified in any given year, or

23  portion thereof, shall be transferred to the Firefighters'

24  Supplemental Compensation Trust Fund administered by the

25  Department of Revenue, as provided in s. 633.382.

26         (b)1.  Moneys transferred under paragraph (a) but not

27  needed to support the supplemental compensation program in a

28  given year shall be redistributed pro rata to those

29  participating municipalities and special fire control

30  districts that transfer any portion of their funds to support

31  the supplemental compensation program in that year.  Such

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  1  additional moneys shall be used to cover or offset costs of

  2  the retirement plan.

  3         2.  To assist the Department of Revenue, the division

  4  shall identify those municipalities and special fire control

  5  districts that are eligible for redistribution as provided in

  6  s. 633.382(4)(c)2., by listing the municipalities and special

  7  fire control districts from which funds were transferred under

  8  paragraph (a) and specifying the amount transferred by each.

  9         Section 12.  Section 175.122, Florida Statutes, is

10  amended to read:

11         175.122  Limitation of disbursement.--For any

12  municipality, special fire control district, chapter plan,

13  local law municipality, local law special fire control

14  district, or local law plan under this chapter, any

15  municipality or special fire control district participating in

16  the firefighters' pension trust fund pursuant to the

17  provisions of this chapter, whether under a chapter plan or

18  local law plan, shall be limited to receiving any moneys from

19  such fund in excess of that produced by one-half of the excise

20  tax, as provided for in s. 175.101; however, any such

21  municipality or special fire control district receiving less

22  than 6 percent of its fire department payroll from such fund

23  shall be entitled to receive from such fund the amount

24  determined under s. 175.121, in excess of one-half of the

25  excise tax, not to exceed 6 percent of its fire department

26  payroll. Payroll amounts of members included in the Florida

27  Retirement System shall not be included.

28         Section 13.  Section 175.131, Florida Statutes, is

29  amended to read:

30         175.131  Funds received by municipality or special fire

31  control district; deposit in firefighters' pension trust

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  1  fund.--For any municipality, special fire control district,

  2  chapter plan, local law municipality, local law special fire

  3  control district, or local law plan under this chapter, all

  4  state and other funds received by any municipality or special

  5  fire control district under the provisions of this chapter

  6  shall be deposited by such municipality or special fire

  7  control district immediately, and under no circumstances more

  8  than 5 days after receipt, with the board of trustees.  In

  9  lieu thereof, the municipality or special fire control

10  district may provide authorization to the division for the

11  direct payment of the premium tax to the board of trustees.

12  The board shall deposit such moneys in the Firefighters'

13  Pension Trust Fund immediately, and under no circumstances

14  more than 5 days after receipt.  Employee contributions,

15  however, which are withheld by the employer on behalf of an

16  employee member shall be deposited immediately after each pay

17  period with the board of trustees of the firefighters' pension

18  trust fund at least monthly. Employer contributions shall be

19  deposited at least quarterly.

20         Section 14.  Section 175.141, Florida Statutes, is

21  amended to read:

22         175.141  Payment of excise tax credit on similar state

23  excise or license tax.--The tax herein authorized to be

24  imposed by each municipality and each special fire control

25  district shall in nowise be in addition to any similar state

26  excise or license tax imposed by part IV of chapter 624, but

27  the payor of the tax hereby authorized shall receive credit

28  therefor on his or her said state excise or license tax and

29  the balance of said state excise or license tax shall be paid

30  to the Department of Revenue Insurance Commissioner and

31  Treasurer as is now provided by law.

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  1         Section 15.  Section 175.151, Florida Statutes, is

  2  amended to read:

  3         175.151  Penalty for failure of insurers to comply with

  4  this act.--Should any insurance company, corporation or other

  5  insurer fail to comply with the provisions of this act, on or

  6  before March 1 of each year as herein provided, the

  7  certificate of authority issued to said insurance company,

  8  corporation or other insurer to transact business in this

  9  state may be canceled and revoked by the Department of

10  Insurance, and it is unlawful for any such insurance company,

11  corporation, or other insurer to transact business thereafter

12  in this state unless such insurance company, corporation, or

13  other insurer shall be granted a new certificate of authority

14  to transact any business in this state, in compliance with

15  provisions of law authorizing such certificate of authority to

16  be issued. The division is responsible for notifying the

17  Department of Insurance regarding any such failure to comply.

18         Section 16.  Section 175.152, Florida Statutes, is

19  repealed.

20         Section 17.  Section 175.162, Florida Statutes, is

21  amended to read:

22         175.162  Requirements for retirement.--For any

23  municipality, special fire control district, chapter plan,

24  local law municipality, local law special fire control

25  district, or local law plan under this chapter, any

26  firefighter who completes 10 or more years of creditable

27  service as a firefighter and attains age 55, or completes 25

28  years of creditable service as a firefighter and attains age

29  52, and who for such minimum period has been a member of the

30  firefighters' pension trust fund operating under a chapter

31  plan or local law plan, is eligible for normal retirement

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  1  benefits. Normal retirement under the plan is retirement from

  2  the service of the municipality or special fire control

  3  district on or after the normal retirement date.  In such

  4  event, payment of retirement income will be governed by the

  5  following provisions of this section:

  6         (1)  The normal retirement date of each firefighter

  7  will be the first day of the month coincident with or next

  8  following the date on which he or she has completed 10 or more

  9  years of creditable service and attained age 55 or completed

10  25 years of creditable service and attained age 52.

11         (2)(a)  The amount of monthly retirement income payable

12  to a full-time firefighter who retires on or after his or her

13  normal retirement date shall be an amount equal to the number

14  of his or her years of credited service multiplied by 2

15  percent of his or her average final compensation as a

16  full-time firefighter. The retirement income shall be reduced

17  for moneys received under the disability provisions of this

18  chapter. However, if current state contributions pursuant to

19  this chapter are not adequate to fund the additional benefits

20  to meet the minimum requirements in this chapter, only such

21  incremental increases shall be required as state moneys are

22  adequate to provide.  Such increments shall be provided as

23  state moneys become available.

24         (b)  The amount of monthly retirement income payable to

25  a volunteer firefighter who retires on or after his or her

26  normal retirement date shall be an amount equal to the number

27  of his or her years of credited service multiplied by 2

28  percent of his or her average final compensation as a

29  volunteer firefighter.  If the firefighter has been

30  contributing only 3 percent of his or her salary, the

31  firefighter's monthly retirement income shall be an amount

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  1  equal to the number of his or her years of credited service

  2  multiplied by 1.2 percent of his or her average final

  3  compensation.

  4         (3)  The monthly retirement income payable in the event

  5  of normal retirement will be payable on the first day of each

  6  month.  The first payment will be made on the firefighter's

  7  normal retirement date, or on the first day of the month

  8  coincident with or next following his or her actual

  9  retirement, if later, and the last payment will be the payment

10  due next preceding the firefighter's death; except that, in

11  the event the firefighter dies after retirement but before he

12  or she has received retirement benefits for a period of 10

13  years, the same monthly benefit will be paid to the

14  beneficiary (or beneficiaries) as designated by the

15  firefighter for the balance of such 10-year period.  If a

16  firefighter continues in the service of the municipality or

17  special fire control district beyond his or her normal

18  retirement date and dies prior to his or her date of actual

19  retirement, without an option made pursuant to s. 175.171

20  being in effect, monthly retirement income payments will be

21  made for a period of 10 years to a beneficiary (or

22  beneficiaries) designated by the firefighter as if the

23  firefighter had retired on the date on which his or her death

24  occurred.

25         (4)  Early retirement under the plan is retirement from

26  the service of the municipality or special fire control

27  district, with the consent of the municipality or special fire

28  control district, as of the first day of any calendar month

29  which is prior to the firefighter's normal retirement date but

30  subsequent to the date as of which he or she has both attained

31  the age of 50 years and has been a member of this fund for 10

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  1  continuous years.  In the event of early retirement, payment

  2  of retirement income shall be governed as follows:  The

  3  monthly amount of retirement income payable to a firefighter

  4  who retires prior to his or her normal retirement date shall

  5  be in the amount computed as described in subsection (2),

  6  taking into account the firefighter's credited service to his

  7  or her date of actual retirement and final monthly

  8  compensation as of such date, such amount of retirement income

  9  to be actuarially reduced to take into account the

10  firefighter's younger age and the earlier commencement of

11  retirement income benefits.  The amount of monthly income

12  payable in the event of early retirement will be paid in the

13  same manner as in subsection (3).  In no event shall the early

14  retirement reduction exceed 3 percent for each year by which

15  the member's age at retirement preceded the member's normal

16  retirement age, as provided in subsection (1).

17         Section 18.  Section 175.171, Florida Statutes, is

18  amended to read:

19         175.171  Optional forms of retirement income.--For any

20  municipality, special fire control district, chapter plan,

21  local law municipality, local law special fire control

22  district, or local law plan under this chapter:

23         (1)  In lieu of the amount and form of retirement

24  income payable in the event of normal or early retirement as

25  specified in s. 175.162, a firefighter, upon written request

26  to the board of trustees and submission of evidence of good

27  health (except that such evidence will not be required if such

28  request is made at least 3 years prior to the date of

29  commencement of retirement income or if such request is made

30  within 6 months following the effective date of the plan, if

31  later), and subject to the approval of the board of trustees,

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  1  may elect to receive a retirement income or benefit of

  2  equivalent actuarial value payable in accordance with one of

  3  the following options:

  4         (a)  A retirement income of larger monthly amount,

  5  payable to the firefighter for his or her lifetime only.

  6         (b)  A retirement income of a modified monthly amount,

  7  payable to the firefighter during the joint lifetime of the

  8  firefighter and a dependent joint pensioner designated by the

  9  firefighter, and following the death of either of them, 100

10  percent, 75 percent, 66 2/3  percent, or 50 percent of such

11  monthly amounts payable to the survivor for the lifetime of

12  the survivor.

13         (c)  Such other amount and form of retirement payments

14  or benefits as, in the opinion of the board of trustees, will

15  best meet the circumstances of the retiring firefighter.

16         1.  The firefighter upon electing any option of this

17  section will designate the joint pensioner or beneficiary (or

18  beneficiaries) to receive the benefit, if any, payable under

19  the plan in the event of his or her death, and will have the

20  power to change such designation from time to time, but any

21  such change shall be deemed a new election and will be subject

22  to approval by the board of trustees.  Such designation will

23  name a joint pensioner or one or more primary beneficiaries

24  where applicable. If a firefighter has elected an option with

25  a joint pensioner or beneficiary and his or her retirement

26  income benefits have commenced, the firefighter may thereafter

27  change the designated joint pensioner or beneficiary, but only

28  if the board of trustees consents to such change and if the

29  joint pensioner last previously designated by the firefighter

30  is alive when the firefighter files with the board of trustees

31  a request for such change.

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  1         2.  The consent of a firefighter's joint pensioner or

  2  beneficiary to any such change shall not be required.

  3         3.  The board of trustees may request such evidence of

  4  the good health of the joint pensioner that is being removed

  5  as it may require and the amount of the retirement income

  6  payable to the firefighter upon designation of a new joint

  7  pensioner shall be actuarially redetermined taking into

  8  account the age and sex of the former joint pensioner, the new

  9  joint pensioner, and the firefighter.  Each such designation

10  will be made in writing on a form prepared by the board of

11  trustees and on completion will be filed with the board of

12  trustees.  In the event that no designated beneficiary

13  survives the firefighter, such benefits as are payable in the

14  event of the death of the firefighter subsequent to his or her

15  retirement shall be paid as provided in s. 175.181.

16         (2)  Retirement income payments shall be made under the

17  option elected in accordance with the provisions of this

18  section and shall be subject to the following limitations:

19         (a)  If a firefighter dies prior to his or her normal

20  retirement date or early retirement date, whichever first

21  occurs, no retirement benefit will be payable under the option

22  to any person, but the benefits, if any, will be determined

23  under s. 175.201.

24         (b)  If the designated beneficiary (or beneficiaries)

25  or joint pensioner dies before the firefighter's retirement

26  under the plan, the option elected will be canceled

27  automatically and a retirement income of the normal form and

28  amount will be payable to the firefighter upon retirement as

29  if the election had not been made, unless a new election is

30  made in accordance with the provisions of this section or a

31  new beneficiary is designated by the firefighter prior to

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  1  retirement and within 90 days after the death of the

  2  beneficiary.

  3         (c)  If both the retired firefighter and the

  4  beneficiary (or beneficiaries) designated by him or her die

  5  before the full payment has been effected under any option

  6  providing for payments for a period certain and life

  7  thereafter, made pursuant to the provisions of paragraph

  8  (1)(c), the board of trustees may, in its discretion, direct

  9  that the commuted value of the remaining payments be paid in a

10  lump sum and in accordance with s. 175.181.

11         (d)  If a firefighter continues beyond his or her

12  normal retirement date pursuant to the provisions of s.

13  175.162(1) and dies prior to actual retirement and while an

14  option made pursuant to the provisions of this section is in

15  effect, monthly retirement income payments will be made, or a

16  retirement benefit will be paid, under the option to a

17  beneficiary (or beneficiaries) designated by the firefighter

18  in the amount or amounts computed as if the firefighter had

19  retired under the option on the date on which death occurred.

20         (3)  No firefighter may make any change in his or her

21  retirement option after the date of cashing or depositing the

22  first retirement check.

23         Section 19.  Section 175.181, Florida Statutes, is

24  amended to read:

25         175.181  Beneficiaries.--For any municipality, special

26  fire control district, chapter plan, local law municipality,

27  local law special fire control district, or local law plan

28  under this chapter:

29         (1)  Each firefighter may, on a form provided for that

30  purpose, signed and filed with the board of trustees,

31  designate a choice of one or more persons, named sequentially

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  1  or jointly, as his or her beneficiary (or beneficiaries) to

  2  receive the benefit, if any, which may be payable in the event

  3  of his or her death; and each designation may be revoked by

  4  such firefighter by signing and filing with the board of

  5  trustees a new designation-of-beneficiary form.

  6         (2)  If no beneficiary is named in the manner provided

  7  by subsection (1), or if no beneficiary designated by the

  8  member survives him, a deceased firefighter fails to name a

  9  beneficiary in the manner prescribed in subsection (1), or if

10  the beneficiary (or beneficiaries) named by a deceased

11  firefighter predecease the firefighter, the death benefit, if

12  any, which may be payable under the plan with respect to such

13  deceased firefighter shall may be paid by, in the discretion

14  of the board of trustees, either to the estate of such

15  deceased firefighter, provided that the board of trustees, in

16  its discretion, may direct that the commuted value of the

17  remaining monthly income payments be paid in a lump sum.:

18

19  Any payment made to any person pursuant to this subsection

20  shall operate as a complete discharge of all obligations under

21  the plan with regard to the deceased firefighter and any other

22  persons with rights under the plan and shall not be subject to

23  review by anyone but shall be final, binding, and conclusive

24  on all persons ever interested hereunder.

25         (a)  The spouse or dependent children of the

26  firefighter; or

27         (b)  The dependent living parents of the firefighter.

28         (3)  Notwithstanding any other provision of law to the

29  contrary, the surviving spouse of any pension participant

30  member killed in the line of duty shall not lose survivor

31  retirement benefits if the spouse remarries. The surviving

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  1  spouse of such deceased member whose benefit terminated

  2  because of remarriage shall have the benefit reinstated as of

  3  July 1, 1994, at an amount that would have been payable had

  4  such benefit not been terminated. This paragraph shall apply

  5  to all municipalities which receive state excise tax moneys as

  6  provided in s. 175.101.

  7         Section 20.  Section 175.191, Florida Statutes, is

  8  amended to read:

  9         175.191  Disability retirement.--For any municipality,

10  special fire control district, chapter plan, local law

11  municipality, local law special fire control district, or

12  local law plan under this chapter:

13         (1)  A firefighter having 10 or more continuous years

14  of credited service or a firefighter who becomes totally and

15  permanently disabled in the line of duty, regardless of length

16  of service, and having contributed to the firefighters'

17  pension trust fund for 10 years or more may retire from the

18  service of the municipality or special fire control district

19  under the plan if, prior to his or her normal retirement date,

20  the firefighter becomes totally and permanently disabled as

21  defined in subsection (2) by reason of any cause other than a

22  cause set out in subsection (3) on or after the effective date

23  of the plan.  Such retirement shall herein be referred to as

24  "disability retirement."  The provisions for disability other

25  than line-of-duty disability shall not apply to a member who

26  has reached early or normal retirement age.

27         (2)  A firefighter will be considered totally disabled

28  if, in the opinion of the board of trustees, he or she is

29  wholly prevented from rendering useful and efficient service

30  as a firefighter; and a firefighter will be considered

31  permanently disabled if, in the opinion of the board of

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  1  trustees, he or she is likely to remain so disabled

  2  continuously and permanently from a cause other than is

  3  specified in subsection (3).

  4         (3)  A firefighter will not be entitled to receive any

  5  disability retirement income if the disability is a result of:

  6         (a)  Excessive and habitual use by the firefighter of

  7  drugs, intoxicants, or narcotics;

  8         (b)  Injury or disease sustained by the firefighter

  9  while willfully and illegally participating in fights, riots,

10  or civil insurrections or while committing a crime;

11         (c)  Injury or disease sustained by the firefighter

12  while serving in any armed forces; or

13         (d)  Injury or disease sustained by the firefighter

14  after his or her employment has terminated.

15         (4)  No firefighter shall be permitted to retire under

16  the provisions of this section until he or she is examined by

17  a duly qualified physician or surgeon, to be selected by the

18  board of trustees for that purpose, and is found to be

19  disabled in the degree and in the manner specified in this

20  section.  Any firefighter retiring under this section may

21  shall be examined periodically by a duly qualified physician

22  or surgeon or board of physicians and surgeons, to be selected

23  by the board of trustees for that purpose, to determine if

24  such disability has ceased to exist.

25         (5)  The benefit benefits payable to a firefighter who

26  retires from the service of a municipality or special fire

27  control district due to total and permanent disability as a

28  direct result of a disability commencing prior to his or her

29  normal retirement date is the monthly income payable for 10

30  years certain and life for which, if the firefighter's

31  disability occurred in the line of duty, his or her monthly

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  1  benefit shall be the accrued retirement benefit, but shall not

  2  be less than 42 percent of his or her average monthly salary

  3  at the time of disability.  If after 10 years of service the

  4  disability is other than in the line of duty, the

  5  firefighter's monthly benefit shall be the accrued normal

  6  retirement benefit, but shall not be less than 25 percent of

  7  his or her average monthly salary at the time of disability.

  8         (6)  The monthly retirement income to which a

  9  firefighter is entitled in the event of his or her disability

10  retirement shall be payable on the first day of the first

11  month after the board of trustees determines such entitlement.

12  However, the monthly retirement income shall be payable as of

13  the date the board determines such entitlement, and any

14  portion due for a partial month shall be paid together with

15  the first payment.  The last payment will be, if the

16  firefighter recovers from the disability prior to his or her

17  normal retirement date, the payment due next preceding the

18  date of such recovery or, if the firefighter dies without

19  recovering from the disability, the payment due next preceding

20  his or her death or the 120th monthly payment, whichever is

21  later. In lieu of the benefit payment as provided in this

22  paragraph, a firefighter may select an optional form as

23  provided in s. 175.171. Any monthly retirement income payments

24  due after the death of a disabled firefighter shall be paid to

25  the firefighter's designated beneficiary (or beneficiaries) as

26  provided in ss. 175.181 and 175.201.

27         (7)  If the board of trustees finds that a firefighter

28  who is receiving a disability retirement income is, at any

29  time prior to his or her normal retirement date, no longer

30  disabled, as provided herein, the board of trustees shall

31  direct that the disability retirement income be discontinued.

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  1  "Recovery from disability" as used herein means the ability of

  2  the firefighter to render useful and efficient service as a

  3  firefighter.

  4         (8)  If the firefighter recovers from disability and

  5  reenters the service as a firefighter, service will be deemed

  6  to have been continuous, but the period beginning with the

  7  first month for which he or she received a disability

  8  retirement income payment and ending with the date he or she

  9  reentered the service may will not be considered as credited

10  service for the purpose of this plan.

11         Section 21.  Section 175.195, Florida Statutes, is

12  created to read:

13         175.195  False, misleading, or fraudulent statements

14  made to obtain public retirement benefits prohibited;

15  penalty.--

16         (1)  It is unlawful for a person to willfully and

17  knowingly make, or cause to be made, or to assist, conspire

18  with, or urge another to make, or cause to be made, any false,

19  fraudulent, or misleading oral or written statement or

20  withhold or conceal material information to obtain any benefit

21  available under a retirement plan receiving funding under this

22  chapter.

23         (2)(a)  A person who violates subsection (1) commits a

24  misdemeanor of the first degree, punishable as provided in s.

25  775.082 or s. 775.083.

26         (b)  In addition to any applicable criminal penalty,

27  upon conviction for a violation described in subsection (1), a

28  participant or beneficiary of a pension plan receiving funding

29  under this chapter may, in the discretion of the board of

30  trustees, be required to forfeit the right to receive any or

31  all benefits to which the person would otherwise be entitled

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  1  under this chapter.  For purposes of this paragraph,

  2  "conviction" means a determination of guilt that is the result

  3  of a plea or trial, regardless of whether adjudication is

  4  withheld.

  5         Section 22.  Section 175.201, Florida Statutes, is

  6  amended to read:

  7         175.201  Death prior to retirement; refunds of

  8  contributions; death benefits.--For any municipality, special

  9  fire control district, chapter plan, local law municipality,

10  local law special fire control district, or local law plan

11  under this chapter:

12         (1)  If a firefighter dies before being eligible to

13  retire under the provisions of this act, the heirs, legatees,

14  beneficiaries, or personal representatives of such deceased

15  firefighter shall be entitled to a refund of 100 percent,

16  without interest, of the contributions made to the

17  firefighters' pension trust fund by such deceased firefighter

18  or, in the event an annuity or life insurance contract has

19  been purchased by the board of trustees on such firefighter,

20  then to the death benefits available under such life insurance

21  or annuity contract subject to the limitations on such death

22  benefits set forth in s. 175.081, whichever amount is greater.

23         (2)  If a firefighter having at least 10 years of

24  credited service dies prior to retirement but has at least 10

25  years of contributing service, his or her beneficiary is

26  entitled to the benefits otherwise payable to the firefighter

27  at early or normal retirement age.

28

29  In the event that the death benefit paid by a life insurance

30  company exceeds the limit set forth in s. 175.081, the excess

31  of the death benefit over the limit shall be paid to the

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  1  firefighters' pension trust fund. However, death the benefits

  2  as provided pursuant to in s. 112.191 or any other state or

  3  federal law shall not be included in the calculation of as

  4  death or retirement benefits provided under this the

  5  provisions of chapter 86-41, Laws of Florida.

  6         Section 23.  Section 175.211, Florida Statutes, is

  7  amended to read:

  8         175.211  Separation from service; refunds.--For any

  9  municipality, special fire control district, chapter plan,

10  local law municipality, local law special fire control

11  district, or local law plan under this chapter:

12         (1)  If a firefighter leaves the service of the

13  municipality or special fire control district before

14  accumulating aggregate time of 10 years toward retirement and

15  before being eligible to retire under the provisions of this

16  chapter, the firefighter shall be entitled to a refund of all

17  of his or her contributions made to the firefighters' pension

18  trust fund after July 1, 1963, without interest, less any

19  disability benefits paid to him or her after July 1, 1963.

20         (2)  If a firefighter who has been in the service of

21  the municipality or special fire control district for at least

22  10 years and has contributed to the firefighters' pension

23  trust fund for at least 10 years elects to leave his or her

24  accrued contributions, if contributions are required, in the

25  firefighters' pension trust fund, such firefighter upon

26  attaining the age of 50 years may retire at the actuarial

27  equivalent of the amount of such retirement income otherwise

28  payable to him or her, as provided in s. 175.162(4), or upon

29  attaining age 55 years may retire as provided in s.

30  175.162(1).

31

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  1         Section 24.  Section 175.221, Florida Statutes, is

  2  amended to read:

  3         175.221  Lump-sum payment of small retirement

  4  income.--For any municipality, special fire control district,

  5  chapter plan, local law municipality, local law special fire

  6  control district, or local law plan under this chapter,

  7  notwithstanding any provisions of the plan to the contrary, if

  8  the monthly retirement income payable to any person entitled

  9  to benefits hereunder is less than $100 $30, or if the

10  single-sum value of the accrued retirement income is less than

11  $5,000 $750, as of the date of retirement or termination of

12  service, whichever is applicable, the board of trustees, in

13  the exercise of its discretion, may specify that the actuarial

14  equivalent of such retirement income be paid in a lump sum.

15         Section 25.  Section 175.231, Florida Statutes, is

16  amended to read:

17         175.231  Diseases of firefighters suffered in line of

18  duty; presumption.--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, any condition or impairment of health of a

22  firefighter caused by tuberculosis, hypertension, or heart

23  disease resulting in total or partial disability or death

24  shall be presumed to have been accidental and suffered in the

25  line of duty unless the contrary is shown by competent

26  evidence, provided that, such firefighter shall have

27  successfully passed a physical examination before entering

28  into such service, which examination failed to reveal any

29  evidence of such condition.  This section shall be applicable

30  to all firefighters employed in Florida only with reference to

31  pension and retirement benefits under this chapter.

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  1         Section 26.  Section 175.241, Florida Statutes, is

  2  amended to read:

  3         175.241  Exemption from execution.--For any

  4  municipality, special fire control district, chapter plan,

  5  local law municipality, local law special fire control

  6  district, or local law plan under this chapter, the pensions,

  7  annuities, or other benefits accrued or accruing to any person

  8  under any chapter plan or local law plan under the provisions

  9  of this chapter act and the accumulated contributions and the

10  cash securities in the funds created under this chapter act

11  are hereby exempted from any state, county, or municipal tax

12  and shall not be subject to execution or attachment or to any

13  legal process whatsoever, and shall be unassignable.

14         Section 27.  Section 175.251, Florida Statutes, is

15  repealed.

16         Section 28.  Section 175.261, Florida Statutes, is

17  amended to read:

18         175.261  Annual report to Division of Retirement;

19  actuarial valuations reports.--For any municipality, special

20  fire control district, chapter plan, local law municipality,

21  local law special fire control district, or local law plan

22  under this chapter, the board of trustees for every chapter

23  plan and local law plan shall submit the following reports to

24  the division:

25         (1)  With respect to chapter plans:

26         (a)  Each year, by February 1, the chair or secretary

27  of the board of trustees of each firefighters' pension trust

28  fund operating under a chapter plan shall file a report with

29  the division which contains:

30

31

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  1         1.(a)  A statement of whether in fact the municipality

  2  or special fire control district is within the provisions of

  3  s. 175.041.

  4         2.(b)  An independent audit by a certified public

  5  accountant if the fund has $250,000 $100,000 or more in

  6  assets, or a certified statement of accounting if the fund has

  7  less than $250,000 $100,000 or more in assets, for the most

  8  recent plan fiscal year of the municipality or special fire

  9  control district, showing a detailed listing of assets and

10  methods used to value them and a statement of all income and

11  disbursements during the year.  Such income and disbursements

12  shall be reconciled with the assets at the beginning of and

13  end of the year.

14         3.(c)  A statistical exhibit showing the total number

15  of firefighters on the force, the number included in the

16  retirement plan and the number ineligible, classified

17  according to the reason for their being ineligible, and the

18  number of disabled firefighters and retired firefighters and

19  their beneficiaries receiving pension payments and the amounts

20  of annual retirement income or pension payments being received

21  by them.

22         4.(d)  A statement of the amount the municipality or

23  special fire control district, or other income source, has

24  contributed to the retirement fund for the most recent plan

25  fiscal year and the amount the municipality or special fire

26  control district will contribute to the retirement fund during

27  its current plan fiscal year.

28         5.(e)  If any benefits are insured with a commercial

29  insurance company, the report should include a statement of

30  the relationship of the insured benefits to the benefits

31  provided by this chapter as well as the name of the insurer

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  1  and information about the basis of premium rates, mortality

  2  table, interest rates, and method used in valuing retirement

  3  benefits.

  4         (b)(2)  In addition to annual reports provided under

  5  paragraph (a), by February 1 of each triennial year, an

  6  actuarial valuation of the chapter plan must be made by the

  7  division at least once every 3 years, as provided in s.

  8  112.63, commencing 3 years from the last actuarial valuation

  9  of the plan or system for existing plans, or commencing 3

10  years from issuance of the initial actuarial impact statement

11  submitted under s. 112.63 for newly created plans. beginning

12  with February 1, 1986, and at least every 3 years commencing

13  from the last actuarial report of the plan or system or from

14  February 1, 1987, if no actuarial report has been issued

15  within the 3-year period prior to February 1, 1986, To that

16  end, the chair of the board of trustees for each firefighters'

17  pension trust fund operating under a chapter plan shall report

18  to the division such data as that it needs to complete an

19  actuarial valuation of each fund. The forms for each

20  municipality and special fire control district shall be

21  supplied by the division.  The expense of this actuarial

22  valuation shall be borne by the firefighters' pension trust

23  fund established by ss. 175.041 and 175.121. The requirements

24  of this section are supplemental to the actuarial valuations

25  necessary to comply with ss. 11.45 and 218.32.

26         (2)  With respect to local law plans:

27         (a)  Each year, on or before March 15, the trustees of

28  the retirement plan shall submit the following information to

29  the division in order for the retirement plan of such

30  municipality or special fire control district to receive a

31  share of the state funds for the then-current calendar year:

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  1         1.  A certified copy of each and every instrument

  2  constituting or evidencing the plan.  This includes the formal

  3  plan, including all amendments, the trust agreement, copies of

  4  all insurance contracts, and formal announcement material.

  5         2.  An independent audit by a certified public

  6  accountant if the fund has $250,000 or more in assets, or a

  7  certified statement of accounting if the fund has less than

  8  $250,000 in assets, for the most recent plan year, showing a

  9  detailed listing of assets and a statement of all income and

10  disbursements during the year.  Such income and disbursements

11  must be reconciled with the assets at the beginning and end of

12  the year.

13         3.  A certified statement listing the investments of

14  the plan and a description of the methods used in valuing the

15  investments.

16         4.  A statistical exhibit showing the total number of

17  firefighters, the number included in the plan, and the number

18  ineligible classified according to the reasons for their being

19  ineligible, and the number of disabled and retired

20  firefighters and their beneficiaries receiving pension

21  payments and the amounts of annual retirement income or

22  pension payments being received by them.

23         5.  A certified statement describing the methods,

24  factors, and actuarial assumptions used in determining the

25  cost.

26         6.  A certified statement by an enrolled actuary

27  showing the results of the latest actuarial valuation of the

28  plan and a copy of the detailed worksheets showing the

29  computations used in arriving at the results.

30         7.  A statement of the amount the municipality or

31  special fire control district, or other income source, has

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  1  contributed toward the plan for the most recent plan year and

  2  will contribute toward the plan for the current plan year.

  3

  4  When any of the items required hereunder is identical to the

  5  corresponding item submitted for a previous year, it is not

  6  necessary for the trustees to submit duplicate information if

  7  they make reference to the item in the previous year's report.

  8         (b)  In addition to annual reports provided under

  9  paragraph (a), an actuarial valuation of the retirement plan

10  must be made at least once every 3 years, as provided in s.

11  112.63, commencing 3 years from the last actuarial valuation

12  of the plan or system for existing plans, or commencing 3

13  years from issuance of the initial actuarial impact statement

14  submitted under s. 112.63 for newly created plans.  Such

15  valuation shall be prepared by an enrolled actuary, subject to

16  the following conditions:

17         1.  The assets shall be valued as provided in s.

18  112.625(7).

19         2.  The cost of the actuarial valuation must be paid by

20  the individual firefighters' retirement fund or by the

21  sponsoring municipality or special fire control district.

22         3.  A report of the valuation, including actuarial

23  assumptions and type and basis of funding, shall be made to

24  the division within 3 months after the date of valuation.  If

25  any benefits are insured with a commercial insurance company,

26  the report must include a statement of the relationship of the

27  retirement plan benefits to the insured benefits, the name of

28  the insurer, the basis of premium rates, and the mortality

29  table, interest rate, and method used in valuing the

30  retirement benefits.

31

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  1         Section 29.  Section 175.291, Florida Statutes, is

  2  repealed.

  3         Section 30.  Section 175.301, Florida Statutes, is

  4  amended to read:

  5         175.301  Depository for pension funds.--For any

  6  municipality, special fire control district, chapter plan,

  7  local law municipality, local law special fire control

  8  district, or local law plan under this chapter, all funds and

  9  securities of the firefighters' pension trust fund of any

10  chapter plan or local law plan under this chapter may be

11  deposited by the board of trustees with the treasurer of the

12  municipality or special fire control district, acting in a

13  ministerial capacity only, who shall be liable in the same

14  manner and to the same extent as he or she is liable for the

15  safekeeping of funds for the municipality or special fire

16  control district. However, any funds and securities so

17  deposited with the treasurer of the municipality or special

18  fire control district shall be kept in a separate fund by the

19  treasurer or clearly identified as such funds and securities

20  of the firefighters' pension trust fund.  In lieu thereof, the

21  board of trustees shall deposit the funds and securities of

22  the firefighters' pension trust fund in a qualified public

23  depository as defined in s. 280.02, which depository with

24  regard to such funds and securities shall conform to and be

25  bound by all of the provisions of chapter 280.

26         Section 31.  Section 175.311, Florida Statutes, is

27  amended to read:

28         175.311  Municipalities, special fire control

29  districts, and boards independent of each other.--In the

30  enforcement and in the interpretation of the provisions of

31  this chapter for any municipality, special fire control

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  1  district, chapter plan, local law municipality, local law

  2  special fire control district, or local law plan under this

  3  chapter, each municipality and each special fire control

  4  district shall be independent of any other municipality or

  5  special fire control district, and the board of trustees of

  6  the firefighters' pension trust fund of each municipality and

  7  each special fire control district shall function for the

  8  municipality or special fire control district that which it

  9  serves as trustee.  Each board of trustees shall be

10  independent of the municipality or special fire control

11  district for which it serves as board of trustees to the

12  extent required to accomplish the intent, requirements, and

13  responsibilities provided for in this chapter.

14         Section 32.  Section 175.321, Florida Statutes, is

15  repealed.

16         Section 33.  Section 175.331, Florida Statutes, is

17  repealed.

18         Section 34.  Section 175.333, Florida Statutes, is

19  amended to read:

20         175.333  Discrimination in benefit formula prohibited;

21  restrictions regarding designation of joint annuitants.--For

22  any municipality, special fire control district, chapter plan,

23  local law municipality, local law special fire control

24  district, or local law plan under this chapter:

25         (1)  No plan established under the provisions of this

26  chapter and participating in the distribution of premium tax

27  moneys as provided in this chapter shall discriminate in its

28  benefit formula based on color, national origin, sex, or

29  marital status.; however,

30         (2)(a)  If a plan offers a joint annuitant option and

31  the member selects such option, or if a the plan specifies

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  1  that the member's spouse is to receive the benefits that which

  2  continue to be payable upon the death of the member, then, in

  3  both of these cases, after retirement the benefits have

  4  commenced, a retired member may change his or her designation

  5  of joint annuitant or beneficiary only twice.

  6         (b)  Any If said retired member who desires to change

  7  his or her joint annuitant or beneficiary, the member shall

  8  file with the board of trustees of his or her plan a notarized

  9  notice of such change either by registered letter or on such a

10  form as is provided by the administrator of the plan.  Upon

11  receipt of a completed change of joint annuitant form or such

12  other notice, the board of trustees shall adjust the member's

13  monthly benefit by the application of actuarial tables and

14  calculations developed to ensure that the benefit paid is the

15  actuarial equivalent of the present value of the member's

16  current benefit.  Nothing herein shall preclude a plan from

17  actuarially adjusting benefits or offering options based upon

18  sex, age, early retirement, or disability.

19         (3)  Eligibility for coverage under the plan must be

20  based upon length of service or attained age, or both and

21  benefits must be determined by a nondiscriminatory formula

22  based upon:

23         1.  Length of service and compensation; or

24         2.  Length of service.

25         Section 35.  Section 175.341, Florida Statutes, is

26  amended to read:

27         175.341  Duties of Division of Retirement; rulemaking

28  authority; investments by the State Board of Administration.--

29         (1)  The division shall be responsible for the daily

30  oversight and monitoring for actuarial soundness of the

31  firefighters' pension plans, whether chapter or local law

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  1  plans, established under this chapter, for receiving and

  2  holding the premium tax moneys collected under this chapter,

  3  and, upon determining compliance with the provisions of this

  4  chapter, for disbursing those moneys to the firefighters'

  5  pension plans.  The funds necessary to pay expenses for such

  6  administration shall be annually appropriated from the

  7  interest and investment income earned on moneys deposited in

  8  the trust fund.

  9         (2)  The division shall adopt rules necessary for the

10  administration of this chapter.

11         (3)  The State Board of Administration shall invest and

12  reinvest the moneys in the trust fund collected under this

13  chapter in accordance with ss. 215.44-215.53.  Costs incurred

14  by the board in carrying out the provisions of this subsection

15  shall be deducted from the interest and investment income

16  accruing to the trust fund.

17         Section 36.  Section 175.351, Florida Statutes, is

18  amended to read:

19         (Substantial rewording of section.  See

20         s. 175.351, F.S., for present text.)

21         175.351  Municipalities and special fire control

22  districts having their own pension plans for

23  firefighters.--For any municipality, special fire control

24  district, local law municipality, local law special fire

25  control district, or local law plan under this chapter, in

26  order for municipalities and special fire control districts

27  with their own pension plans for firefighters, or for

28  firefighters and police officers, where included, to

29  participate in the distribution of the tax fund established

30  pursuant to s. 175.101, local law plans must meet the minimum

31  benefits and minimum standards set forth in this chapter.

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  1         (1)  PREMIUM TAX INCOME.--If a municipality has a

  2  pension plan for firefighters, or a pension plan for

  3  firefighters and police officers, where included, which in the

  4  opinion of the division meets the minimum benefits and minimum

  5  standards set forth in this chapter, the board of trustees of

  6  the pension plan, as approved by a majority of firefighters of

  7  the municipality, may:

  8         (a)  Place the income from the premium tax in s.

  9  175.101 in such pension plan for the sole and exclusive use of

10  its firefighters, or for firefighters and police officers,

11  where included, where it shall become an integral part of that

12  pension plan and shall be used to pay extra benefits to the

13  firefighters included in that pension plan; or

14         (b)  Place the income from the premium tax in s.

15  175.101 in a separate supplemental plan to pay extra benefits

16  to firefighters, or to firefighters and police officers where

17  included, participating in such separate supplemental plan.

18

19  The premium tax provided by this chapter shall in all cases be

20  used in its entirety to provide extra benefits to

21  firefighters, or to firefighters and police officers, where

22  included.  For purposes of this chapter, the term "extra

23  benefits" means benefits in addition to or greater than those

24  provided to general employees of the municipality.  However,

25  local law plans in effect on October 1, 1998, shall be

26  required to comply with the minimum benefit provisions of this

27  chapter only to the extent that additional premium tax

28  revenues become available to incrementally fund the cost of

29  such compliance as provided in s. 175.162(2)(a).  For the

30  purpose of this section, "additional premium tax revenues"

31  means revenues received by a municipality or special fire

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  1  control district pursuant to s. 175.121 that exceed that

  2  amount received for calendar year 1997.  Local law plans

  3  created by special act before May 23, 1939, shall be deemed to

  4  comply with this chapter.

  5         (2)  ADOPTION OR REVISION OF A LOCAL LAW PLAN.--No

  6  retirement plan or amendment to a retirement plan shall be

  7  proposed for adoption unless the proposed plan or amendment

  8  contains an actuarial estimate of the costs involved.  No such

  9  proposed plan or proposed plan change shall be adopted without

10  the approval of the municipality, special fire control

11  district, or, where permitted, the Legislature. Copies of the

12  proposed plan or proposed plan change and the actuarial impact

13  statement of the proposed plan or proposed plan change shall

14  be furnished to the division prior to the last public hearing

15  thereon.  Such statement shall also indicate whether the

16  proposed plan or proposed plan change is in compliance with s.

17  14, Art. X of the State Constitution and those provisions of

18  part VII of chapter 112 which are not expressly provided in

19  this chapter.  Notwithstanding any other provision, only those

20  local law plans created by Special Act of legislation prior to

21  May 23, 1939, shall be deemed to meet the minimum benefits and

22  minimum standards only in this chapter. 

23         (3)  Notwithstanding any other provision, with respect

24  to any supplemental plan municipality:

25         (a)  Section 175.032(3)(a) shall not apply, and a local

26  law plan and a supplemental plan may continue to use their

27  definition of compensation or salary in existence on the

28  effective date of this act.

29         (b)  Section 175.061(1)(b) shall not apply, and a local

30  law plan and a supplemental plan shall continue to be

31  administered by a board or boards of trustees numbered,

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  1  constituted, and selected as the board or boards were

  2  numbered, constituted, and selected on January 1, 1997.

  3         (c)  The election set forth in paragraph (1)(b) shall

  4  be deemed to have been made.

  5         (4)  The retirement plan setting forth the benefits and

  6  the trust agreement, if any, covering the duties and

  7  responsibilities of the trustees and the regulations of the

  8  investment of funds must be in writing, and copies thereof

  9  must be made available to the participants and to the general

10  public.

11         Section 37.  Section 175.361, Florida Statutes, is

12  amended to read:

13         175.361  Termination of plan and distribution of

14  fund.--For any municipality, special fire control district,

15  chapter plan, local law municipality, local law special fire

16  control district, or local law plan under this chapter, the

17  plan may be terminated by the municipality or special fire

18  control district.  Upon termination of the plan by the

19  municipality or special fire control district for any reason

20  or because of a transfer, merger, or consolidation of

21  governmental units, services, or functions as provided in

22  chapter 121, or upon written notice by the municipality or

23  special fire control district to the board of trustees that

24  contributions under the plan are being permanently

25  discontinued, the rights of all employees to benefits accrued

26  to the date of such termination and the amounts credited to

27  the employees' accounts are nonforfeitable. The fund shall be

28  apportioned and distributed in accordance with the following

29  procedures:

30

31

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  1         (1)  The board of trustees shall determine the date of

  2  distribution and the asset value to be distributed, after

  3  taking into account the expenses of such distribution.

  4         (2)  The board of trustees shall determine the method

  5  of distribution of the asset value, that is, whether

  6  distribution shall be by payment in cash, by the maintenance

  7  of another or substituted trust fund, by the purchase of

  8  insured annuities, or otherwise, for each firefighter entitled

  9  to benefits under the plan as specified in subsection (3).

10         (3)  The board of trustees shall apportion the asset

11  value as of the date of termination in the manner set forth in

12  this subsection, on the basis that the amount required to

13  provide any given retirement income shall mean the actuarially

14  computed single-sum value of such retirement income, except

15  that if the method of distribution determined under subsection

16  (2) involves the purchase of an insured annuity, the amount

17  required to provide the given retirement income shall mean the

18  single premium payable for such annuity.

19         (a)  Apportionment shall first be made in respect of

20  each retired firefighter receiving a retirement income

21  hereunder on such date, each person receiving a retirement

22  income on such date on account of a retired (but since

23  deceased) firefighter, and each firefighter who has, by such

24  date, become eligible for normal retirement but has not yet

25  retired, in the amount required to provide such retirement

26  income, provided that, if such asset value is less than the

27  aggregate of such amounts, such amounts shall be

28  proportionately reduced so that the aggregate of such reduced

29  amounts will be equal to such asset value.

30         (b)  If there is any asset value remaining after the

31  apportionment under paragraph (a), apportionment shall next be

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  1  made in respect of each firefighter in the service of the

  2  municipality or special fire control district on such date who

  3  has completed at least 10 years of credited service, in who

  4  has contributed to the firefighters' pension trust fund for at

  5  least 10 years, and who is not entitled to an apportionment

  6  under paragraph (a), in the amount required to provide the

  7  actuarial equivalent of the accrued normal retirement income,

  8  based on the firefighter's credited service and earnings to

  9  such date, and each former participant then entitled to a

10  benefit under the provisions of s. 175.211 who has not by such

11  date reached his or her normal retirement date, in the amount

12  required to provide the actuarial equivalent of the accrued

13  normal retirement income to which he or she is entitled under

14  s. 175.211; provided that, if such remaining asset value is

15  less than the aggregate of the amounts apportioned hereunder,

16  such latter amounts shall be proportionately reduced so that

17  the aggregate of such reduced amounts will be equal to such

18  remaining asset value.

19         (c)  If there is any asset value after the

20  apportionments under paragraphs (a) and (b), apportionment

21  shall lastly be made in respect of each firefighter in the

22  service of the municipality or special fire control district

23  on such date who is not entitled to an apportionment under

24  paragraphs (a) and (b) in the amount equal to the

25  firefighter's total contributions to the plan to date of

26  termination; provided that, if such remaining asset value is

27  less than the aggregate of the amounts apportioned hereunder,

28  such latter amounts shall be proportionately reduced so that

29  the aggregate of such reduced amounts will be equal to such

30  remaining asset value.

31

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  1         (d)  In the event that there is asset value remaining

  2  after the full apportionment specified in paragraphs (a), (b),

  3  and (c), such excess shall be returned to the municipality or

  4  special fire control district, less return to the state of the

  5  state's contributions, provided that, if the excess is less

  6  than the total contributions made by the municipality or

  7  special fire control district and the state to date of

  8  termination of the plan, such excess shall be divided

  9  proportionately to the total contributions made by the

10  municipality or special fire control district and the state.

11         (4)  The board of trustees shall distribute, in

12  accordance with the manner of distribution determined under

13  subsection (2), the amounts apportioned under subsection (3).

14

15  If, after a period of 24 months after the date on which the

16  plan terminated or the date on which the board received

17  written notice that the contributions thereunder were being

18  permanently discontinued, the municipality or special fire

19  control district or the board of trustees of the firefighters'

20  pension trust fund affected has not complied with all the

21  provisions in this section, the division shall effect the

22  termination of the fund in accordance with this section.

23         Section 38.  Section 175.371, Florida Statutes, is

24  amended to read:

25         175.371  Transfer to another state retirement system;

26  benefits payable.--For any municipality, special fire control

27  district, chapter plan, local law municipality, local law

28  special fire control district, or local law plan under this

29  chapter:

30         (1)  Any firefighter who has a vested right to benefits

31  under a pension plan created pursuant to the provisions of

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  1  this chapter and who elects to participate in another state

  2  retirement system may not receive a benefit under the

  3  provisions of the latter retirement system for any year's

  4  service for which benefits are paid under the provisions of

  5  the pension plan created pursuant to this chapter.

  6         (2)  When every active participant in any pension plan

  7  created pursuant to this chapter elects to transfer to another

  8  state retirement system, the pension plan created pursuant to

  9  this chapter shall be terminated and the assets distributed in

10  accordance with s. 175.361.  If some participants in a pension

11  plan created pursuant to this chapter elect to transfer to

12  another state retirement system and other participants elect

13  to remain in the existing plan created pursuant to this

14  chapter, the plan created pursuant to this chapter shall

15  continue to receive state premium tax moneys remain in effect

16  until fully funded. "Fully funded" means that the present

17  value of all benefits, accrued and projected, is less than the

18  available assets and the present value of future member

19  contributions and future plan sponsor contributions on an

20  actuarial entry age cost funding basis.  The plan shall remain

21  in effect until the last active participant has terminated and

22  shall then be terminated in accordance with s. 175.361.

23         Section 39.  Section 175.381, Florida Statutes, is

24  amended to read:

25         (Substantial rewording of section.  See

26         s. 175.381, F.S., for present text.)

27         175.381  Applicability.--This act shall apply to all

28  municipalities, special fire control districts, chapter plans,

29  local law municipalities, local law special fire control

30  districts, or local law plans presently existing or to be

31  created pursuant to this chapter.  Those plans presently

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  1  existing pursuant to s. 175.351 and not in compliance with the

  2  provisions of this act must comply no later than December 31,

  3  1998.  However, the plan sponsor of any plan established by

  4  special act of the Legislature shall have until July 1, 1999,

  5  to comply with the provisions of this act, except as otherwise

  6  provided in this act with regard to establishment and election

  7  of board members.  The provisions of this act shall be

  8  construed to establish minimum standards and minimum benefit

  9  levels, and nothing contained in this act or in chapter 175

10  shall operate to reduce presently existing rights or benefits

11  of any firefighter, directly, indirectly, or otherwise.

12         Section 40.  Section 175.391, Florida Statutes, is

13  repealed.

14         Section 41.  Section 175.401, Florida Statutes, is

15  amended to read:

16         175.401  Retiree health insurance subsidy.--For any

17  municipality, special fire control district, chapter plan,

18  local law municipality, local law special fire control

19  district, or local law plan under this chapter, under the

20  broad grant of home rule powers under the Florida Constitution

21  and chapter 166, municipalities have the authority to

22  establish and administer locally funded health insurance

23  subsidy programs.  In addition, special fire control districts

24  may, by resolution, establish and administer locally funded

25  health insurance subsidy programs.  Pursuant thereto:

26         (1)  PURPOSE.--The purpose of this section is to allow

27  municipalities and special fire control districts the option

28  to use premium tax moneys, as provided for under this chapter,

29  to establish and administer health insurance subsidy programs

30  which will provide a monthly subsidy payment to retired

31  members of any firefighters' pension trust fund system or plan

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  1  as provided under this chapter, or to beneficiaries who are

  2  spouses or financial dependents entitled to receive benefits

  3  under such a plan, in order to assist such retired members or

  4  beneficiaries in paying the costs of health insurance.

  5         (2)  RETIREE HEALTH INSURANCE SUBSIDY TRUST FUNDS;

  6  ESTABLISHMENT AND TERMINATION.--

  7         (a)  Any municipality or special fire control district

  8  having a firefighters' pension trust fund system or plan as

  9  provided under this chapter may, in its discretion, establish

10  by ordinance or resolution, as appropriate, a trust fund to be

11  known as the firefighters' retiree health insurance subsidy

12  trust fund. This fund may be a separate account established

13  for such purpose in the existing firefighters' pension fund,

14  provided that all funds deposited in such account are

15  segregated from, and not commingled with, pension funds or

16  other public moneys and that the account otherwise conforms to

17  the requirements of subsection (8).  The trust fund shall be

18  used to account for all moneys received and disbursed pursuant

19  to this section.

20         (b)  Prior to the second reading of the ordinance

21  before the municipal legislative body, or of the resolution

22  before the governing body of the special fire control

23  district, an actuarial valuation must be performed by an

24  enrolled actuary as provided in s. 112.63, and copies of the

25  valuation and the proposed implementing ordinance or

26  resolution shall be furnished to the division.

27         (c)  The subsidy program may, at the discretion of the

28  municipal governing body, be permanently discontinued by

29  municipal ordinance, and at the discretion of the governing

30  body of a special fire control district may be permanently

31  discontinued by resolution, at any time, subject to the

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  1  requirements of any applicable collective bargaining

  2  agreement, in the same manner and subject to the same

  3  conditions established for plan termination and fund

  4  distribution under s. 175.361.

  5         (3)  FUNDING.--Trust funds established pursuant to this

  6  section shall be funded in the following manner:

  7         (a)  By payment to the fund of an amount equivalent to

  8  one-half of the net increase over the previous tax year in the

  9  premium tax funds provided for in this chapter, said amount to

10  be established in the implementing ordinance or resolution.

11         (b)  By no less than one-half of 1 percent of the base

12  salary of each firefighter, for so long as the firefighter is

13  employed and covered by a pension plan established pursuant to

14  this chapter. The municipality or special fire control

15  district, with approval of the board of trustees, may increase

16  member contributions if needed to fund benefits greater than

17  the minimums established in this section.

18         (c)  By payment by the municipality or special fire

19  control district, on at least a quarterly basis, of whatever

20  sum is determined necessary to maintain the actuarial

21  soundness of the fund in accordance with s. 112.64.

22

23  Such contributions and payments shall be submitted to the

24  board of trustees of the firefighters' pension trust fund, or

25  the plan trustees in the case of local law plans established

26  under s. 175.351, and deposited in the firefighters' retiree

27  health insurance subsidy trust fund, in the same manner and

28  subject to the same time constraints as provided under s.

29  175.131.

30         (4)  ELIGIBILITY FOR RETIREE HEALTH INSURANCE

31  SUBSIDY.--A person who has contributed to the retiree health

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  1  insurance subsidy trust fund and retires under a firefighters'

  2  pension trust fund system or plan as provided under this

  3  chapter, including any local law plan as provided under s.

  4  175.351, or a beneficiary who is a spouse or financial

  5  dependent entitled to receive benefits under such a plan, is

  6  eligible for health insurance subsidy payments provided under

  7  this section.  However, the fund, with approval of the board

  8  of trustees and approval of the municipality or special fire

  9  control district, may provide coverage to retirees and

10  beneficiaries when the retirees have not contributed to the

11  fund as provided in subsection (3). Payment of the retiree

12  health insurance subsidy shall be made only after coverage for

13  health insurance for the retiree or beneficiary has been

14  certified in writing to the board of trustees of the

15  firefighters' pension trust fund.

16         (5)  RETIREE HEALTH INSURANCE SUBSIDY

17  AMOUNT.--Beginning on the effective date established in the

18  implementing ordinance or resolution, each eligible retiree,

19  or beneficiary who is a spouse or financial dependent thereof,

20  shall receive a monthly retiree health insurance subsidy

21  payment equal to the aggregate number of years of service, as

22  defined in s. 175.032, completed at the time of retirement

23  multiplied by an amount determined in the implementing

24  ordinance or resolution, but no less than $3 for each year of

25  service.  Nothing herein shall be construed to restrict the

26  plan sponsor from establishing, in the implementing ordinance

27  or resolution, a cap of no less than 30 years upon the number

28  of years' service for which credit will be given toward a

29  health insurance subsidy or a maximum monthly subsidy amount.

30         (6)  PAYMENT OF RETIREE HEALTH INSURANCE

31  SUBSIDY.--Beginning on the effective date established in the

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  1  implementing ordinance or resolution, any monthly retiree

  2  health insurance subsidy amount due and payable under this

  3  section shall be paid to retired members, or their eligible

  4  beneficiaries, by the board of trustees of the firefighters'

  5  pension trust fund, or the plan trustees in the case of local

  6  law plans established under s. 175.351, in the same manner as

  7  provided by s. 175.071(1)(c) for drafts upon the pension fund.

  8         (7)  INVESTMENT OF THE TRUST FUND.--The trustees of the

  9  firefighters' pension trust fund, or the plan trustees in the

10  case of local law plans established under s. 175.351, are

11  hereby authorized to invest and reinvest the funds of the

12  firefighters' retiree health insurance subsidy trust fund in

13  the same manner and subject to the same conditions as apply

14  hereunder to the investment of firefighters' pension funds

15  under s. 175.071.

16         (8)  DEPOSIT OF HEALTH INSURANCE SUBSIDY FUNDS.--All

17  funds and securities of the health insurance subsidy fund may

18  be deposited by the board of trustees with the treasurer of

19  the municipality or special fire control district, acting in a

20  ministerial capacity only, who shall be liable in the same

21  manner and to the same extent as he or she is liable for the

22  safekeeping of funds for the municipality or special fire

23  control district.  Any funds so deposited shall be segregated

24  by the treasurer in a separate fund, clearly identified as

25  funds and securities of the health insurance subsidy fund.  In

26  lieu thereof, the board of trustees shall deposit the funds

27  and securities of the health insurance subsidy fund in a

28  qualified public depository as defined in s. 280.02, which

29  shall conform to and be bound by the provisions of chapter 280

30  with regard to such funds.  In no case shall the funds of the

31  health insurance subsidy fund be deposited in any financial

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  1  institution, brokerage house trust company, or other entity

  2  that is not a public depository as provided by s. 280.02.

  3         (9)  SEPARATION FROM SERVICE; REFUNDS.--Any firefighter

  4  who terminates employment with a municipality or special fire

  5  control district having a retiree health insurance subsidy

  6  trust fund system or plan as provided under this section shall

  7  be entitled to a refund of all employee contributions he or

  8  she made to that trust fund, without interest, regardless of

  9  whether the firefighter has vested for purposes of retirement.

10  Any firefighter who has vested for purposes of retirement in

11  the service of the municipality or special fire control

12  district, and has contributed to the firefighters' retiree

13  health insurance subsidy trust fund for so long as he or she

14  was eligible to make such contributions, may, in his or her

15  discretion, elect to leave his or her accrued contributions in

16  the fund, whereupon, such firefighter shall, upon retiring and

17  commencing to draw retirement benefits, receive a health

18  insurance subsidy based upon his or her aggregate number of

19  years of service, as defined in s. 175.032.

20         (10)  ADMINISTRATION OF SYSTEM; ACTUARIAL VALUATIONS;

21  AUDITS; RULES; ADMINISTRATIVE COSTS.--The board of trustees of

22  the firefighters' pension trust fund, or the plan trustees in

23  the case of local law plans established under s. 175.351,

24  shall be solely responsible for administering the health

25  insurance subsidy trust fund.  Pursuant thereto:

26         (a)  As part of its administrative duties, no less

27  frequently than every 3 years, the board shall have an

28  actuarial valuation of the firefighters' retiree health

29  insurance subsidy trust fund prepared as provided in s. 112.63

30  by an enrolled actuary, covering the same reporting period or

31  plan year used for the firefighters' pension plan, and shall

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  1  submit a report of the valuation, including actuarial

  2  assumptions and type and basis of funding, to the division.

  3         (b)  By February 1 of each year, the trustees shall

  4  file a report with the division, containing an independent

  5  audit by a certified public accountant if the fund has

  6  $250,000 $100,000 or more in assets, or a certified statement

  7  of accounting if the fund has less than $250,000 $100,000 in

  8  assets, for the most recent plan fiscal year of the

  9  municipality or special fire control district, showing a

10  detailed listing of assets and methods used to value them and

11  a statement of all income and disbursements during the year.

12  Such income and disbursements shall be reconciled with the

13  assets at the beginning of and end of the year.

14         (c)  The trustees may adopt such rules and regulations

15  as are necessary for the effective and efficient

16  administration of this section.

17         (d)  At the discretion of the plan sponsor, the cost of

18  administration may be appropriated from the trust fund or paid

19  directly by the plan sponsor.

20         (11)  BENEFITS.--Subsidy payments shall be payable

21  under the firefighters' retiree health insurance subsidy

22  program only to participants in the program or their

23  beneficiaries.  Such subsidy payments shall not be subject to

24  assignment, execution, or attachment or to any legal process

25  whatsoever, and shall be in addition to any other benefits to

26  which eligible recipients are entitled under any workers'

27  compensation law, pension law, collective bargaining

28  agreement, municipal or county ordinance, or any other state

29  or federal statute.

30         (12)  DISTRIBUTION OF PREMIUM TAXES; COMPLIANCE

31  REQUIRED.--Premium tax dollars for which spending authority is

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  1  granted under this section shall be distributed from the

  2  Police and Firefighters' Premium Tax Trust Fund and remitted

  3  annually to municipalities and special fire control districts

  4  in the same manner as provided under this chapter for

  5  firefighters' pension funds. Once a health insurance subsidy

  6  plan has been implemented by a municipality or special fire

  7  control district under this section, in order for the

  8  municipality or special fire control district to participate

  9  in the distribution of premium tax dollars authorized under

10  this section, all provisions of this section, including state

11  acceptance pursuant to part VII of chapter 112, shall be

12  complied with, and said premium tax dollars may be withheld

13  for noncompliance.

14         Section 42.  Section 185.01, Florida Statutes, is

15  amended to read:

16         185.01  Legislative declaration.--

17         (1)  It is hereby found and declared by the Legislature

18  that police officers as hereinafter defined perform both state

19  and municipal functions; that they make arrests for violations

20  of state traffic laws on public highways; that they keep the

21  public peace; that they conserve both life and property; and

22  that their activities are vital to public welfare of this

23  state.  Therefore the Legislature declares that it is a proper

24  and legitimate state purpose to provide a uniform retirement

25  system for the benefit of police officers as hereinafter

26  defined and intends, in implementing the provisions of s. 14,

27  Art. X of the State Constitution as they relate to municipal

28  police officers' retirement trust fund systems and plans, that

29  such retirement systems or plans be managed, administered,

30  operated, and funded in such manner as to maximize the

31  protection of police officers' retirement trust funds.

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  1  Therefore, the Legislature hereby determines and declares that

  2  the provisions of this act fulfill an important state

  3  interest.

  4         (2)  This chapter hereby establishes, for all municipal

  5  pension plans now or hereinafter provided for under this

  6  chapter, including chapter plans and local law plans, minimum

  7  benefits and minimum standards for the operation and funding

  8  of such municipal police officers' retirement trust fund

  9  systems and plans, hereinafter referred to as municipal police

10  officers' retirement trust funds. The minimum benefits and

11  minimum standards set forth in this chapter may not be

12  diminished by local ordinance or by special act of the

13  Legislature, nor may the minimum benefits or minimum standards

14  be reduced or offset by any other local, state, or federal

15  plan that may include police officers in its operation, except

16  as provided under s. 112.65.

17         Section 43.  Section 185.02, Florida Statutes, is

18  amended to read:

19         (Substantial rewording of section.  See

20         s. 185.02, F.S., for present text.)

21         185.02  Definitions.--For any municipality, chapter

22  plan, local law municipality, or local law plan under this

23  chapter, the following words and phrases as used in this

24  chapter shall have the following meanings, unless a different

25  meaning is plainly required by the context:

26         (1)  "Average final compensation" means one-twelfth of

27  the average annual compensation of the 5 best years of the

28  last 10 years of creditable service prior to retirement,

29  termination, or death.

30         (2)  "Casualty insurance" means automobile public

31  liability and property damage insurance to be applied at the

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  1  place of residence of the owner, or if the subject is a

  2  commercial vehicle, to be applied at the place of business of

  3  the owner; automobile collision insurance; fidelity bonds;

  4  burglary and theft insurance; and plate glass insurance.

  5  "Multiple peril" means a combination or package policy that

  6  includes both property coverage and casualty coverage for a

  7  single premium.

  8         (3)  "Chapter plan" means a separate defined benefit

  9  pension plan for police officers which incorporates by

10  reference the provisions of this chapter and has been adopted

11  by the governing body of a municipality as provided in s.

12  185.08.  Except as may be specifically authorized in this

13  chapter, provisions of a chapter plan may not differ from the

14  plan provisions set forth in ss. 185.01-185.341 and

15  185.36-185.42.  Actuarial valuations of chapter plans shall be

16  conducted by the division as provided by s. 185.221(1)(b).

17         (4)  "Compensation" or "salary" means the total cash

18  remuneration including "overtime" paid by the primary employer

19  to a police officer for services rendered, but not including

20  any payments for extra duty or a special detail work performed

21  on behalf of a second party employer. However, a local law

22  plan may limit the amount of overtime payments which can be

23  used for retirement benefit calculation purposes, but in no

24  event shall such overtime limit be less than 300 hours per

25  officer per calendar year.

26         (a)  Any retirement trust fund or plan which now or

27  hereafter meets the requirements of this chapter shall not,

28  solely by virtue of this subsection, reduce or diminish the

29  monthly retirement income otherwise payable to each police

30  officer covered by the retirement trust fund or plan.

31

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  1         (b)  The member's compensation or salary contributed as

  2  employee-elective salary reductions or deferrals to any salary

  3  reduction, deferred compensation, or tax-sheltered annuity

  4  program authorized under the Internal Revenue Code shall be

  5  deemed to be the compensation or salary the member would

  6  receive if he or she were not participating in such program

  7  and shall be treated as compensation for retirement purposes

  8  under this chapter.

  9         (c)  For any person who first becomes a member in any

10  plan year beginning on or after January 1, 1996, compensation

11  for any plan year shall not include any amounts in excess of

12  the Internal Revenue Code Section 401(a)(17) limitation [as

13  amended by the Omnibus Budget Reconciliation Act of 1993],

14  which limitation of $150,000 shall be adjusted as required by

15  federal law for qualified government plans and shall be

16  further adjusted for changes in the cost of living in the

17  manner provided by Internal Revenue Code Section

18  401(a)(17)(B).  For any person who first became a member prior

19  to the first plan year beginning on or after January 1, 1996,

20  the limitation on compensation shall be not less than the

21  maximum compensation amount that was allowed to be taken into

22  account under the plan as in effect on July 1, 1993, which

23  limitation shall be adjusted for changes in the cost of living

24  since 1989 in the manner provided by Internal Revenue Code

25  Section 401(a)(17)(1991).

26         (5)  "Creditable service" or "credited service" means

27  the aggregate number of years of service and fractional parts

28  of years of service of any police officer, omitting

29  intervening years and fractional parts of years when such

30  police officer may not have been employed by the municipality

31  subject to the following conditions:

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  1         (a)  No police officer will receive credit for years or

  2  fractional parts of years of service if he or she has

  3  withdrawn his or her contributions to the fund for those years

  4  or fractional parts of years of service, unless the police

  5  officer repays into the fund the amount he or she has

  6  withdrawn, plus interest as determined by the board.  The

  7  member shall have at least 90 days after his or her

  8  reemployment to make repayment.

  9         (b)  A police officer may voluntarily leave his or her

10  contributions in the fund for a period of 5 years after

11  leaving the employ of the police department, pending the

12  possibility of his or her being rehired by the same

13  department, without losing credit for the time he or she has

14  participated actively as a police officer.  If he or she is

15  not reemployed as a police officer with the same department

16  within 5 years, his or her contributions shall be returned to

17  him or her without interest.

18         (c)  Credited service under this chapter shall be

19  provided only for service as a police officer, as defined in

20  s. 185.02(7), or for military service and shall not include

21  credit for any other type of service. A municipality may, by

22  local ordinance, provide for the purchase of credit for

23  military service occurring prior to employment as well as

24  prior service as a police officer for some other employer as

25  long as the police officer is not entitled to receive a

26  benefit for such other prior service as a police officer.

27         (d)  In determining the creditable service of any

28  police officer, credit for up to 5 years of the time spent in

29  the military service of the Armed Forces of the United States

30  shall be added to the years of actual service, if:

31

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  1         1.  The police officer is in the active employ of the

  2  municipality prior to such service and leaves a position,

  3  other than a temporary position, for the purpose of voluntary

  4  or involuntary service in the Armed Forces of the United

  5  States.

  6         2.  The police officer is entitled to reemployment

  7  under the provisions of the Uniformed Services Employment and

  8  Reemployment Rights Act.

  9         3.  The police officer returns to his or her employment

10  as a police officer of the municipality within 1 year from the

11  date of his or her release from such active service.

12         (6)  "Deferred Retirement Option Plan" or "DROP" means

13  a local law plan retirement option in which a police officer

14  may elect to participate.  A police officer may retire for all

15  purposes of the plan and defer receipt of retirement benefits

16  into a DROP account while continuing employment with his

17  employer. However, a police officer who enters the DROP and

18  who is otherwise eligible to participate shall not thereby be

19  precluded from participating, or continuing to participate, in

20  a supplemental plan in existence on, or created after, the

21  effective date of this act.

22         (7)  "Division" means the Division of Retirement of the

23  Department of Management Services.

24         (8)  "Enrolled actuary" means an actuary who is

25  enrolled under Subtitle C of Title III of the Employee

26  Retirement Income Security Act of 1974 and who is a member of

27  the Society of Actuaries or the American Academy of Actuaries.

28         (9)  "Local law municipality" is any municipality in

29  which there exists a local law plan.

30         (10)  "Local law plan" means a defined benefit pension

31  plan for police officers or for police officers and

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  1  firefighters, where included, as described in s. 185.35,

  2  established by municipal ordinance or special act of the

  3  Legislature, which enactment sets forth all plan provisions.

  4  Local law plan provisions may vary from the provisions of this

  5  chapter, provided that required minimum benefits and minimum

  6  standards are met.  Any such variance shall provide a greater

  7  benefit for police officers.  Actuarial valuations of local

  8  law plans shall be conducted by an enrolled actuary as

  9  provided in s. 185.221(2)(b).

10         (11)  "Police officer" means any person who is elected,

11  appointed, or employed full time by any municipality, who is

12  certified or required to be certified as a law enforcement

13  officer in compliance with s. 943.1395, who is vested with

14  authority to bear arms and make arrests, and whose primary

15  responsibility is the prevention and detection of crime or the

16  enforcement of the penal, criminal, traffic, or highway laws

17  of the state. This definition includes all certified

18  supervisory and command personnel whose duties include, in

19  whole or in part, the supervision, training, guidance, and

20  management responsibilities of full-time law enforcement

21  officers, part-time law enforcement officers, or auxiliary law

22  enforcement officers, but does not include part-time law

23  enforcement officers or auxiliary law enforcement officers as

24  the same are defined in s. 943.10(6) and (8), respectively.

25  For the purposes of this chapter only, "police officer" also

26  shall include a public safety officer who is responsible for

27  performing both police and fire services. Any plan may provide

28  that the police chief shall have an option to participate, or

29  not, in that plan.

30         (12)  "Police Officers' Retirement Trust Fund" means a

31  trust fund, by whatever name known, as provided under s.

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  1  185.03 for the purpose of assisting municipalities in

  2  establishing and maintaining a retirement plan for police

  3  officers.

  4         (13)  "Retiree" or "retired police officer" means a

  5  police officer who has entered retirement status.  For the

  6  purposes of a plan that includes a Deferred Retirement Option

  7  Plan (DROP), a police officer who enters the DROP shall be

  8  considered a retiree for all purposes of the plan. However, a

  9  police officer who enters the DROP and who is otherwise

10  eligible to participate shall not thereby be precluded from

11  participating, or continuing to participate, in a supplemental

12  plan in existence on, or created after, the effective date of

13  this act.

14         (14)  "Retirement" means a police officer's separation

15  from city employment as a police officer with immediate

16  eligibility for receipt of benefits under the plan.  For

17  purposes of a plan that includes a Deferred Retirement Option

18  Plan (DROP), "retirement" means the date a police officer

19  enters the DROP.

20         (15)  "Supplemental plan" means a plan to which

21  deposits of the premium tax moneys as provided in s. 185.08

22  are made to provide extra benefits to police officers, or

23  police officers and firefighters where included, under this

24  chapter.  Such a plan is an element of a local law plan and

25  exists in conjunction with a defined benefit plan that meets

26  the minimum benefits and minimum standards of this chapter.

27         (16)  "Supplemental plan municipality" means any local

28  law municipality in which there existed a supplemental plan as

29  of January 1, 1997.

30         Section 44.  Section 185.03, Florida Statutes, is

31  amended to read:

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  1         185.03  Municipal police officers' retirement trust

  2  funds; creation; applicability of provisions; participation by

  3  public safety officers.--For any municipality, chapter plan,

  4  local law municipality, or local law plan under this chapter:

  5         (1)  There shall be established may be hereby created a

  6  special fund exclusively for the purpose of this chapter,

  7  which in the case of chapter plans shall to be known as the

  8  "Municipal Police Officers' Retirement Trust Fund,"

  9  exclusively for the purposes provided in this chapter, in each

10  municipality of this state, heretofore or hereafter created,

11  which now has or which may hereafter have a regularly

12  organized police department, and which now owns and uses or

13  which may hereafter own and use equipment and apparatus of a

14  value exceeding $500 in serviceable condition for the

15  prevention of crime and for the preservation of life and

16  property, and which does not presently have established by law

17  a similar fund.

18         (2)  The provisions of this chapter act shall apply

19  only to municipalities organized and established pursuant to

20  the laws of the state, and said provisions shall not apply to

21  the unincorporated areas of any county or counties nor shall

22  the provisions hereof apply to any governmental entity whose

23  police officers employees are eligible to participate for

24  membership in the Florida Retirement System a state or state

25  and county retirement system.

26         (3)  No municipality shall establish more than one

27  retirement plan for public safety officers which is supported

28  in whole or in part by the distribution of premium tax funds

29  as provided by this chapter or chapter 175, nor shall any

30  municipality establish a retirement plan for public safety

31

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  1  officers which receives premium tax funds from both this

  2  chapter and chapter 175.

  3         Section 45.  Section 185.04, Florida Statutes, is

  4  amended to read:

  5         185.04  Actuarial deficits not state obligations.--For

  6  any municipality, chapter plan, local law municipality, or

  7  local law plan under this chapter, actuarial deficits, if any,

  8  arising under this chapter are shall not be the obligation of

  9  the state.

10         Section 46.  Section 185.05, Florida Statutes, is

11  amended to read:

12         185.05  Board of trustees; members, terms of office;

13  meetings; legal entity; costs; attorney's fees.--For any

14  municipality, chapter plan, local law municipality, or local

15  law plan under this chapter:

16         (1)  In each municipality described in s. 185.03 there

17  is hereby created a board of trustees of the municipal police

18  officers' retirement trust fund, which shall be solely

19  responsible for administering the trust fund. Effective

20  October 1, 1986, and thereafter:,

21         (a)  The membership of the board of trustees for

22  chapter plans shall consist of five members, two of whom,

23  unless otherwise prohibited by law, shall be legal residents

24  of the municipality, who shall be appointed by the legislative

25  body of the municipality, and two of whom shall be police

26  officers as defined in s. 185.02 who shall be elected by a

27  majority of the active police officers who are members of such

28  plan. With respect to any chapter plan or local law plan that,

29  on January 1, 1997, allowed retired police officers to vote in

30  such elections, retirees may continue to vote in such

31  elections. The fifth member shall be chosen by a majority of

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  1  the previous four members, and such person's name shall be

  2  submitted to the legislative body of the municipality.  Upon

  3  receipt of the fifth person's name, the legislative body of

  4  the municipality shall, as a ministerial duty, appoint such

  5  person to the board of trustees as its fifth member.  The

  6  fifth member shall have the same rights as each of the other

  7  four members appointed or elected as herein provided, shall

  8  serve as trustee for a period of 2 years, and may succeed

  9  himself or herself in office. Each resident member shall serve

10  as trustee for a period of 2 years, unless sooner replaced by

11  the legislative body at whose pleasure the member shall serve,

12  and may succeed himself or herself as a trustee.  However, the

13  terms of the mayor, or corresponding chief executive officer

14  of the municipality, and the chief of the police department as

15  members of the board of trustees as provided in chapter 28230,

16  Laws of Florida, 1953, as amended, together with any city

17  manager and member of the legislative body of the municipality

18  as members of the board of trustees shall terminate on

19  September 30, 1986. Each police officer member shall serve as

20  trustee for a period of 2 years, unless he or she sooner

21  leaves the employment of the municipality as a police officer,

22  whereupon the legislative body of the municipality shall

23  choose a successor in the same manner as an original

24  appointment.  Each police officer may succeed himself or

25  herself in office. The board of trustees shall meet at least

26  quarterly each year.  Each board of trustees shall be a legal

27  entity with, in addition to other powers and responsibilities

28  contained herein, the power to bring and defend lawsuits of

29  every kind, nature, and description.

30         (b)  The membership of boards of trustees for local law

31  plans shall be as follows:

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  1         1.  If a municipality has a pension plan for police

  2  officers only, the provisions of paragraph (a) shall apply.

  3         2.  If a municipality has a pension plan for police

  4  officers and firefighters, the provisions of paragraph (a)

  5  shall apply, except that one member of the board shall be a

  6  police officer as defined in s. 185.02 and one member shall be

  7  a firefighter as defined in s. 175.032, respectively, elected

  8  by a majority of the active firefighters and police officers

  9  who are members of the plan.

10         3.  Any board of trustees operating a local law plan on

11  July 1, 1998, which is combined with a plan for general

12  employees shall hold an election of the police officers, or

13  police officers and firefighters if included, to determine

14  whether a plan is to be established for police officers only,

15  or for police officers and firefighters where included.  Based

16  on the election results, a new board shall be established as

17  provided in subparagraph 1. or 2., as appropriate. The

18  municipality shall enact an ordinance to implement the new

19  board by October 1, 1998. The newly established board shall

20  take whatever action is necessary to determine the amount of

21  assets which is attributable to police officers, or police

22  officers and firefighters where included.  Such assets shall

23  include all employer, employee, and state contributions made

24  by or on behalf of police officers, or police officers and

25  firefighters where included, and any investment income derived

26  from such contributions.  All such moneys shall be transferred

27  into the newly established retirement plan, as directed by the

28  board.

29

30  With respect to any board of trustees operating a local law

31  plan on June 30, 1986, nothing in this paragraph shall permit

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  1  the reduction of the membership percentage of police officers

  2  or police officers and firefighters.

  3         (2)  The trustees shall by majority vote elect from its

  4  members a chair and a secretary.  The secretary of the board

  5  shall keep a complete minute book of the actions, proceedings,

  6  or hearings of the board. The trustees shall not receive any

  7  compensation as such, but may receive expenses and per diem as

  8  provided by Florida law.

  9         (3)  The board of trustees shall meet at least

10  quarterly each year.

11         (4)  Each board of trustees shall be a legal entity

12  that shall have, in addition to other powers and

13  responsibilities contained herein, the power to bring and

14  defend lawsuits of every kind, nature, and description.

15         (5)  In any judicial proceeding or administrative

16  proceeding under chapter 120 brought under or pursuant to the

17  provisions of this chapter, the prevailing party shall be

18  entitled to recover the costs thereof, together with

19  reasonable attorney's fees.

20         (6)  The provisions of this section may not be altered

21  by a participating municipality operating a chapter or local

22  law plan under this chapter.

23         Section 47.  Section 185.06, Florida Statutes, is

24  amended to read:

25         185.06  General powers and duties of board of

26  trustees.--For any municipality, chapter plan, local law

27  municipality, or local law plan under this chapter:

28         (1)  The board of trustees may:

29         (a)  Invest and reinvest the assets of the retirement

30  trust fund in annuity and life insurance contracts of life

31  insurance companies in amounts sufficient to provide, in whole

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  1  or in part, the benefits to which all of the participants in

  2  the municipal police officers' retirement trust fund shall be

  3  entitled under the provisions of this chapter, and pay the

  4  initial and subsequent premiums thereon.

  5         (b)  Invest and reinvest the assets of the retirement

  6  trust fund in:

  7         1.  Time or savings accounts of a national bank, a

  8  state bank insured by the Bank Insurance Fund Federal Deposit

  9  Insurance Corporation, or a savings and loan association

10  insured by the Savings Association Insurance Fund which are

11  administered by the Federal Deposit Insurance Corporation or a

12  state or federal chartered Credit Union whose share accounts

13  are insured by the National Credit Union Share Insurance Fund

14  Federal Savings and Loan Insurance Corporation.

15         2.  Obligations of the United States or obligations

16  guaranteed as to principal and interest by the United States.

17         3.  Bonds issued by the State of Israel.

18         4.  Bonds, stocks, or other evidences of indebtedness

19  issued or guaranteed by a corporation organized under the laws

20  of the United States, any state or organized territory of the

21  United States, or the District of Columbia, provided:

22         a.  The corporation is listed on any one or more of the

23  recognized national stock exchanges and, in the case of bonds

24  only, holds a rating in one of the three highest

25  classifications by a major rating service; and

26         b.  The board of trustees shall not invest more than 5

27  percent of its assets in the common stock or capital stock of

28  any one issuing company, nor shall the aggregate investment in

29  any one issuing company exceed 5 percent of the outstanding

30  capital stock of the company or the aggregate of its

31

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  1  investments under this subparagraph at cost exceed 50 30

  2  percent of the fund's assets.

  3

  4  This paragraph shall apply to all boards of trustees and

  5  participants. However, in the event that a municipality has a

  6  duly enacted pension plan pursuant to, and in compliance with,

  7  s. 185.35 and the trustees thereof desire to vary the

  8  investment procedures herein, the trustees of such plan shall

  9  request a variance of the investment procedures as outlined

10  herein only through a municipal ordinance or special act of

11  the Legislature; where a special act, or a municipality by

12  ordinance adopted prior to the effective date of this act

13  October 1, 1986, permits a greater than 50-percent 30-percent

14  equity investment, such municipality shall not be required to

15  comply with the aggregate equity investment provisions of this

16  paragraph. The board of trustees may invest up to 10 percent

17  of plan assets in foreign securities. Investments shall not be

18  made in any stocks, bonds, or other securities owned or

19  controlled by a government other than that of the United

20  States or of the several states.

21         (c)  Issue drafts upon the municipal police officers'

22  retirement trust fund pursuant to this act and rules and

23  regulations prescribed by the board of trustees.  All such

24  drafts shall be consecutively numbered, be signed by the chair

25  and secretary, and state upon their faces the purposes for

26  which the drafts are drawn.  The city treasurer or other

27  depository shall retain such drafts when paid, as permanent

28  vouchers for disbursements made, and no money shall otherwise

29  be drawn from the fund.

30

31

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  1         (d)  Finally decide all claims to relief under the

  2  board's rules and regulations and pursuant to the provisions

  3  of this act.

  4         (e)  Convert into cash any securities of the fund.

  5         (f)  Keep a complete record of all receipts and

  6  disbursements and of the board's acts and proceedings.

  7         (2)  Any and all acts and decisions shall be

  8  effectuated by vote of a majority of the at least three

  9  members of the board; however, no trustee shall take part in

10  any action in connection with his or her own participation in

11  the fund, and no unfair discrimination shall be shown to any

12  individual employee participating in the fund.

13         (3)  The secretary of the board of trustees shall keep

14  a record of all persons receiving retirement payments under

15  the provisions of this chapter, in which shall be noted the

16  time when the pension is allowed and when the pension shall

17  cease to be paid.  In this record, the secretary shall keep a

18  list of all police officers employed by the municipality.  The

19  record shall show the name, address, and time of employment of

20  such police officer and when he or she ceases to be employed

21  by the municipality.

22         (4)(3)  The sole and exclusive administration of, and

23  the responsibilities for, the proper operation of the

24  retirement trust fund and for making effective the provisions

25  of this chapter are vested in the board of trustees; however,

26  nothing herein shall empower a board of trustees to amend the

27  provisions of a retirement plan without the approval of the

28  municipality. The board of trustees shall keep in convenient

29  form such data as shall be necessary for an actuarial

30  valuation of the retirement trust fund and for checking the

31  actual experience of the fund.

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  1         (5)(a)(4)  At least once every 3 years, the board of

  2  trustees shall retain a professionally qualified an

  3  independent consultant who shall professionally qualified to

  4  evaluate the performance of any existing professional money

  5  manager and managers.  The independent consultant shall make

  6  recommendations to the board of trustees regarding the

  7  selection of money managers for the next investment term.

  8  These recommendations shall be considered by the board of

  9  trustees at its next regularly scheduled meeting. The date,

10  time, place, and subject of this meeting shall be advertised

11  in the same manner as for any meeting of the board a newspaper

12  of general circulation in the municipality at least 10 days

13  prior to the date of the hearing.

14         (b)  For the purpose of this subsection, a

15  "professionally qualified independent consultant" means a

16  consultant who, based on education and experience, is

17  professionally qualified to evaluate the performance of

18  professional money managers, and who, at a minimum:

19         1.  Provides his or her services on a flat-fee basis.

20         2.  Is not associated in any manner with the money

21  manager for the pension fund.

22         3.  Makes calculations according to the American

23  Banking Institute method of calculating time-weighted rates of

24  return. All calculations must be made net of fees.

25         4.  Has 3 or more years of experience working in the

26  public sector.

27         (6)  To assist the board in meeting its

28  responsibilities under this chapter, the board, if it so

29  elects, may:

30         (a)  Employ independent legal counsel at the pension

31  fund's expense.

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  1         (b)  Employ an independent actuary, as defined in s.

  2  185.02(7), at the pension fund's expense.

  3         (c)  Employ such independent professional, technical,

  4  or other advisers as it deems necessary at the pension fund's

  5  expense.

  6

  7  If the board chooses to use the city's or special district's

  8  legal counsel or actuary, or chooses to use any of the city's

  9  other professional, technical, or other advisers, it shall do

10  so only under terms and conditions acceptable to the board.

11         Section 48.  Section 185.061, Florida Statutes, is

12  amended to read:

13         185.061  Use of annuity or insurance policies.--When

14  the board of trustees of any municipality, chapter plan, local

15  law municipality, or local law plan purchases annuity or life

16  insurance contracts to provide all or part of the benefits

17  promised by this chapter, the following principles shall be

18  observed:

19         (1)  Only those officers who have been members of the

20  retirement trust fund for 1 year or longer may be included in

21  the insured plan.

22         (2)  Individual policies shall be purchased only when a

23  group insurance plan is not feasible.

24         (3)  Each application and policy shall designate the

25  pension fund as owner of the policy.

26         (4)  Policies shall be written on an annual premium

27  basis.

28         (5)  The type of policy shall be one which for the

29  premium paid provides each individual with the maximum

30  retirement benefit at his or her earliest statutory normal

31  retirement age.

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  1         (6)  Death benefit, if any, should not exceed:

  2         (a)  One hundred times the estimated normal monthly

  3  retirement income, based on the assumption that the present

  4  rate of compensation continues without change to normal

  5  retirement date, or

  6         (b)  Twice the annual rate of compensation as of the

  7  date of termination of service, or

  8         (c)  The single-sum value of the accrued deferred

  9  retirement income (beginning at normal retirement date) at

10  date of termination of service, whichever is greatest.

11         (7)  An insurance plan may provide that the assignment

12  of insurance contract to separating officer shall be at least

13  equivalent to the return of the officer's contributions used

14  to purchase the contract.  An assignment of contract

15  discharges the municipality from all further obligation to the

16  participant under the plan even though the cash value of such

17  contract may be less than the employee's contributions.

18         (8)  Provisions shall be made, either by issuance of

19  separate policies, or otherwise, that the separating officer

20  does not receive cash values and other benefits under the

21  policies assigned to the officer which exceed the present

22  value of his or her vested interest under the retirement plan,

23  inclusive of the officer's contribution to the plan, the

24  contributions by the state shall not be exhausted faster

25  merely because the method of funding adopted was through

26  insurance companies.

27         (9)  The police officer shall have the right at any

28  time to give the board of trustees written instructions

29  designating the primary and contingent beneficiaries to

30  receive death benefit or proceeds and the method of the

31  settlement of the death benefit or proceeds, or requesting a

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  1  change in the beneficiary, designation or method of settlement

  2  previously made, subject to the terms of the policy or

  3  policies on the officer's life.  Upon receipt of such written

  4  instructions, the board of trustees shall take the necessary

  5  steps to effectuate the designation or change of beneficiary

  6  or settlement option.

  7         Section 49.  Section 185.07, Florida Statutes, is

  8  amended to read:

  9         185.07  Creation and maintenance of fund.--For any

10  municipality, chapter plan, local law municipality, or local

11  law plan under this chapter:

12         (1)  The municipal police officers' retirement trust

13  fund in each municipality described in s. 185.03 shall be

14  created and maintained in the following manner:

15         (a)  By the net proceeds of the .85-percent excise tax

16  which may be imposed by the respective cities and towns upon

17  certain casualty insurance companies on their gross receipts

18  of premiums from holders of policies, which policies cover

19  property within the corporate limits of such municipalities,

20  as is hereinafter expressly authorized.

21         (b)  Except as reduced or increased contributions are

22  authorized by subsection (2), by the payment to the fund of 5

23  percent of the salary of each full-time police officer duly

24  appointed and enrolled as a member of such police department,

25  which 5 percent shall be deducted by the municipality from the

26  compensation due to the police officer and paid over to the

27  board of trustees of the retirement trust fund wherein such

28  police officer is employed, provided that no deductions shall

29  be made after an officer has passed his or her normal

30  retirement date.  No police officer shall have any right to

31

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  1  the said money so paid into the said fund except as provided

  2  in this chapter.

  3         (c)  By all fines and forfeitures imposed and collected

  4  from any police officer because of the violation of any rule

  5  adopted and regulation promulgated by the board of trustees.

  6         (d)  By payment by the municipality or other sources of

  7  a sum equal to the normal cost and the amount required to fund

  8  over a 40-year basis any actuarial deficiency shown by an a

  9  quinquennial actuarial valuation as provided in part VII of

10  chapter 112.  The first such actuarial valuation shall be

11  conducted for the calendar year ending December 31, 1963.

12         (e)  By all gifts, bequests and devises when donated to

13  for the fund.

14         (f)  By all accretions to the fund by way of interest

15  or dividends on bank deposits or otherwise.

16         (g)  By all other sources of income now or hereafter

17  authorized by law for the augmentation of such municipal

18  police officers' retirement trust fund.

19         (2)  Member contribution rates may be adjusted as

20  follows:

21         (a)  The employing municipality, by local ordinance,

22  may elect to make an employee's contributions.  However, under

23  no circumstances may a municipality reduce the member

24  contribution to less than one-half of 1 percent of salary.

25         (b)  Police officer member contributions may be

26  increased by consent of the members' collective bargaining

27  representative or, if none, by majority consent of police

28  officer members of the fund to provide greater benefits.

29

30  Nothing in this section shall be construed to require

31  adjustment of member contribution rates in effect on the date

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  1  this act becomes a law, including rates that exceed 5 percent

  2  of salary, provided that such rates are at least one-half of 1

  3  percent of salary.

  4         Section 50.  Section 185.08, Florida Statutes, is

  5  amended to read:

  6         185.08  State excise tax on casualty insurance premiums

  7  authorized; procedure.--For any municipality, chapter plan,

  8  local law municipality, or local law plan under this chapter:

  9         (1)  Each incorporated municipality in this state

10  described and classified in s. 185.03, as well as each other

11  city or town of this state which on July 31, 1953, had a

12  lawfully established municipal police officers' retirement

13  trust fund or city fund, by whatever name known, providing

14  pension or relief benefits to police officers as provided

15  under this chapter by whatever name known, may assess and

16  impose on every insurance company, corporation, or other

17  insurer now engaged in or carrying on, or who shall hereafter

18  engage in or carry on, the business of casualty insurance as

19  shown by records of the Department of Insurance, an excise tax

20  in addition to any lawful license or excise tax now levied by

21  each of the said municipalities, respectively, amounting to

22  .85 percent of the gross amount of receipts of premiums from

23  policyholders on all premiums collected on casualty insurance

24  policies covering property within the corporate limits of such

25  municipalities, respectively. The tax shall apply to all

26  insurers, whether authorized or not, transacting business in

27  this state.

28         (2)  In the case of multiple peril policies with a

29  single premium for both property and casualty coverages in

30  such policies, 30 percent of such premium shall be used as the

31  basis for the .85-percent tax above.

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  1         (3)  The Said excise tax shall be payable annually

  2  March 1 of each year after the passing of an ordinance

  3  assessing and imposing the tax herein authorized.

  4  Installments of taxes shall be paid according to the

  5  provisions of s. 624.5092(2)(a), (b), and (c).

  6         Section 51.  Section 185.09, Florida Statutes, is

  7  amended to read:

  8         185.09  Report of premiums paid; date tax payable.--For

  9  any municipality, chapter plan, local law municipality, or

10  local law plan under this chapter, whenever any municipality

11  passes an ordinance establishing a chapter plan or local law

12  plan and assessing and imposing the tax authorized in s.

13  185.08, a certified copy of such ordinance shall be deposited

14  with the division; and thereafter every insurance company,

15  corporation, or other insurer carrying on the business of

16  casualty insuring, on or before the succeeding March 1 after

17  date of the passage of the ordinance, shall report fully in

18  writing to the division and the Department of Revenue a just

19  and true account of all premiums received by such insurer for

20  casualty insurance policies covering or insuring any property

21  located within the corporate limits of such municipality

22  during the period of time elapsing between the date of the

23  passage of the ordinance and the end of the calendar year

24  succeeding March 1. The aforesaid insurer shall annually

25  thereafter, on March 1, file with the division and the

26  Department of Revenue a similar report covering the preceding

27  year's premium receipts.  Every such insurer shall, at the

28  time of making such report, pay to the Department of Revenue

29  the amount of the tax heretofore mentioned. Every insurer

30  engaged in carrying on a general casualty insurance business

31  in the state shall keep accurate books of account of all such

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  1  business done by it within the limits of such incorporated

  2  municipality in such a manner as to be able to comply with the

  3  provisions of this chapter.  Based on the insurers' reports of

  4  premium receipts, the division shall prepare a consolidated

  5  premium report and shall furnish to any municipality

  6  requesting the same a copy of the relevant section of that

  7  report.

  8         Section 52.  Section 185.10, Florida Statutes, is

  9  amended to read:

10         185.10  Department of Revenue and Division of

11  Retirement to keep accounts of deposits; disbursements.--For

12  any municipality having a chapter plan or local law plan under

13  this chapter:

14         (1)  The Department of Revenue shall keep a separate

15  account of all moneys collected for each municipality under

16  the provisions of this chapter. All moneys so collected must

17  be transferred to the Police and Firefighters' Premium Tax

18  Trust Fund and shall be separately accounted for by the

19  division. The moneys budgeted as necessary to pay the expenses

20  of the division for the daily oversight and monitoring of the

21  police officers' retirement plans under this chapter and for

22  the oversight and actuarial reviews conducted under part VII

23  of chapter 112 are annually appropriated from the interest and

24  investment income earned on the moneys collected for each

25  municipality or special fire control district and deposited in

26  the Police and Firefighters' Premium Tax Trust Fund. Interest

27  and investment income remaining thereafter in the trust fund

28  which is unexpended and otherwise unallocated by law shall

29  revert to the General Revenue Fund on June 30 of each year.

30         (2)  The Comptroller shall, on or before July 1 June 1

31  of each year, and at such other times as authorized by the

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  1  division, draw his or her warrants on the full net amount of

  2  money then on deposit pursuant to this chapter in the Police

  3  and Firefighters' Premium Tax Trust Fund, specifying the

  4  municipalities to which the moneys must be paid and the net

  5  amount collected for and to be paid to each municipality,

  6  respectively. The sum payable to each municipality is

  7  appropriated annually out of the Police and Firefighters'

  8  Premium Tax Trust Fund.  The warrants of the Comptroller shall

  9  be payable to the respective municipalities entitled to

10  receive them and shall be remitted annually by the division to

11  the respective municipalities. In lieu thereof, the

12  municipality may provide authorization to the division for the

13  direct payment of the premium tax to the board of trustees.

14  In order for a municipality and its retirement fund to

15  participate in the distribution of premium tax moneys under

16  this chapter, all the provisions shall be complied with

17  annually, including state acceptance pursuant to part VII of

18  chapter 112.

19         Section 53.  Section 185.11, Florida Statutes, is

20  amended to read:

21         185.11  Funds received by municipalities, deposit in

22  retirement trust fund.--For any municipality, chapter plan,

23  local law municipality, or local law plan under this chapter,

24  all state and other funds received by any municipality under

25  the provisions of this chapter shall be deposited by the said

26  municipality immediately, and under no circumstances more than

27  5 days after receipt, with the board of trustees. In lieu

28  thereof, the municipality may provide authorization to the

29  division for the direct payment of the premium tax to the

30  board of trustees.  The board shall deposit such moneys in the

31  Municipal Police Officers' Retirement Trust Fund immediately,

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  1  and under no circumstances more than 5 days after receipt.

  2  Employee contributions, however, which are withheld by the

  3  employer on behalf of an employee member shall be deposited

  4  immediately after each pay period with the board of trustees

  5  of the municipal police officers' retirement trust fund.

  6  Employer contributions shall be deposited at least quarterly

  7  at least monthly.

  8         Section 54.  Section 185.12, Florida Statutes, is

  9  amended to read:

10         185.12  Payment of excise tax credit on similar state

11  excise or license tax.--The tax herein authorized shall in

12  nowise be additional to the similar state excise or license

13  tax imposed by part IV, chapter 624, but the payor of the tax

14  hereby authorized shall receive credit therefor on his or her

15  said state excise or license tax and the balance of said state

16  excise or license tax shall be paid to the Department of

17  Revenue Insurance Commissioner and Treasurer as is now

18  provided by law.

19         Section 55.  Section 185.13, Florida Statutes, is

20  amended to read:

21         185.13  Failure of insurer to comply with chapter;

22  penalty.--Should any insurance company, corporation or other

23  insurer fail to comply with the provisions of this chapter, on

24  or before March 1 in each year as herein provided, the

25  certificate of authority issued to said insurance company,

26  corporation or other insurer to transact business in this

27  state may be canceled and revoked by the Department of

28  Insurance, and it is unlawful for any such insurance company,

29  corporation or other insurer to transact any business

30  thereafter in this state unless such insurance company,

31  corporation or other insurer shall be granted a new

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  1  certificate of authority to transact business in this state,

  2  in compliance with provisions of law authorizing such

  3  certificate of authority to be issued. The division shall be

  4  responsible for notifying the Department of Insurance

  5  regarding any such failure to comply.

  6         Section 56.  Section 185.14, Florida Statutes, is

  7  repealed.

  8         Section 57.  Section 185.15, Florida Statutes, is

  9  repealed.

10         Section 58.  Section 185.16, Florida Statutes, is

11  amended to read:

12         185.16  Requirements for retirement.--For any

13  municipality, chapter plan, local law municipality, or local

14  law plan under this chapter, any police officer who completes

15  10 or more years of creditable service as a police officer and

16  attains age 55, or completes 25 years of creditable service as

17  a police officer and attains age 52, and for such period has

18  been a member of the retirement fund is eligible for normal

19  retirement benefits.  Normal retirement under the plan is

20  retirement from the service of the city on or after the normal

21  retirement date.  In such event, for chapter plans and local

22  law plans, payment of retirement income will be governed by

23  the following provisions of this section:

24         (1)  The normal retirement date of each police officer

25  will be the first day of the month coincident with or next

26  following the date on which the police officer has completed

27  10 or more years of creditable service and attained age 55 or

28  completed 25 years of creditable service and attained age 52.

29  A police officer who retires after his or her normal

30  retirement date will upon actual retirement be entitled to

31  receive the same amount of monthly retirement income that the

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  1  police officer would have received had he or she retired on

  2  his or her normal retirement date.

  3         (2)  The amount of the monthly retirement income

  4  payable to a police officer who retires on or after his or her

  5  normal retirement date shall be an amount equal to the number

  6  of the police officer's years of credited service multiplied

  7  by 2 percent of his or her average final compensation.

  8  However, if current state contributions pursuant to this

  9  chapter are not adequate to fund the additional benefits to

10  meet the minimum requirements in this chapter, only increment

11  increases shall be required as state moneys are adequate to

12  provide.  Such increments shall be provided as state moneys

13  become available. The retirement income will be reduced for

14  moneys received under the disability provisions of this

15  chapter.

16         (3)  The monthly retirement income payable in the event

17  of normal retirement will be payable on the first day of each

18  month.  The first payment will be made on the police officer's

19  normal retirement date, or on the first day of the month

20  coincident with or next following the police officer's actual

21  retirement, if later, and the last payment will be the payment

22  due next preceding the police officer's death; except that, in

23  the event the police officer dies after retirement but before

24  receiving retirement benefits for a period of 10 years, the

25  same monthly benefit will be paid to the beneficiary (or

26  beneficiaries) as designated by the police officer for the

27  balance of such 10-year period, or, if no beneficiary is

28  designated, to the surviving spouse, descendants, heirs at

29  law, or estate of the police officer, as provided in s.

30  185.162.  If a police officer continues in the service of the

31  city beyond his or her normal retirement date and dies prior

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  1  to the date of actual retirement, without an option made

  2  pursuant to s. 185.161 being in effect, monthly retirement

  3  income payments will be made for a period of 10 years to a

  4  beneficiary (or beneficiaries) designated by the police

  5  officer as if the police officer had retired on the date on

  6  which death occurred, or, if no beneficiary is designated, to

  7  the surviving spouse, descendants, heirs at law, or estate of

  8  the police officer, as provided in s. 185.162.

  9         (4)  Early retirement under the plan is retirement from

10  the service of the city, with the consent of the city, as of

11  the first day of any calendar month which is prior to the

12  police officer's normal retirement date but subsequent to the

13  date as of which the police officer has both attained the age

14  of 50 years and completed 10 years of contributing service.

15  In the event of early retirement, payment of retirement income

16  will be governed as follows:

17         (a)  The early retirement date shall be the first day

18  of the calendar month coincident with or immediately following

19  the date a police officer retires from the service of the city

20  under the provisions of this section prior to his or her

21  normal retirement date.

22         (b)  The monthly amount of retirement income payable to

23  a police officer who retires prior to his or her normal

24  retirement date under the provisions of this section shall be

25  an amount computed as described in subsection (2), taking into

26  account his or her credited service to the date of actual

27  retirement and his or her final monthly compensation as of

28  such date, such amount of retirement income to be actuarially

29  reduced to take into account the police officer's younger age

30  and the earlier commencement of retirement income payments.

31  In no event shall the early retirement reduction exceed 3

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  1  percent for each year by which the member's age at retirement

  2  preceded the member's normal retirement age, as provided in

  3  subsection (1).

  4         (c)  The retirement income payable in the event of

  5  early retirement will be payable on the first day of each

  6  month. The first payment will be made on the police officer's

  7  early retirement date and the last payment will be the payment

  8  due next preceding the retired police officer's death; except

  9  that, in the event the police officer dies before receiving

10  retirement benefits for a period of 10 years, the same monthly

11  benefit will be paid to the beneficiary designated by the

12  police officer for the balance of such 10-year period, or, if

13  no designated beneficiary is surviving, the same monthly

14  benefit for the balance of such 10-year period shall be

15  payable as provided in s. 185.162.

16         Section 59.  Section 185.161, Florida Statutes, is

17  amended to read:

18         185.161  Optional forms of retirement income.--For any

19  municipality, chapter plan, local law municipality, or local

20  law plan under this chapter:

21         (1)(a)  In lieu of the amount and form of retirement

22  income payable in the event of normal or early retirement as

23  specified in s. 185.16, a police officer, upon written request

24  to the board of trustees and submission of evidence of good

25  health (except that such evidence will not be required if such

26  request is made at least 3 years prior to the date of

27  commencement of retirement income or if such request is made

28  within 6 months following the effective date of the plan, if

29  later), and subject to the approval of the board of trustees,

30  may elect to receive a retirement income or benefit of

31

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  1  equivalent actuarial value payable in accordance with one of

  2  the following options:

  3         1.  A retirement income of larger monthly amount,

  4  payable to the police officer for his or her lifetime only.

  5         2.  A retirement income of a modified monthly amount,

  6  payable to the police officer during the joint lifetime of the

  7  police officer and a joint pensioner designated by the police

  8  officer, and following the death of either of them, 100

  9  percent, 75 percent, 66 2/3  percent, or 50 percent of such

10  monthly amount payable to the survivor for the lifetime of the

11  survivor.

12         3.  Such other amount and form of retirement payments

13  or benefit as, in the opinion of the board of trustees, will

14  best meet the circumstances of the retiring police officer.

15         (b)  The police officer upon electing any option of

16  this section will designate the joint pensioner or beneficiary

17  (or beneficiaries) to receive the benefit, if any, payable

18  under the plan in the event of the police officer's death, and

19  will have the power to change such designation from time to

20  time but any such change shall be deemed a new election and

21  will be subject to approval by the pension committee.  Such

22  designation will name a joint pensioner or one or more primary

23  beneficiaries where applicable.  If a police officer has

24  elected an option with a joint pensioner or beneficiary and

25  his or her retirement income benefits have commenced, he or

26  she may thereafter change the designated joint pensioner or

27  beneficiary but only if the board of trustees consents to such

28  change and if the joint pensioner last previously designated

29  by the police officer is alive when he or she files with the

30  board of trustees a request for such change.  The consent of a

31  police officer's joint pensioner or beneficiary to any such

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  1  change shall not be required.  The board of trustees may

  2  request such evidence of the good health of the joint

  3  pensioner that is being removed as it may require and the

  4  amount of the retirement income payable to the police officer

  5  upon the designation of a new joint pensioner shall be

  6  actuarially redetermined taking into account the ages and sex

  7  of the former joint pensioner, the new joint pensioner, and

  8  the police officer. Each such designation will be made in

  9  writing on a form prepared by the board of trustees, and on

10  completion will be filed with the board of trustees.  In the

11  event that no designated beneficiary survives the police

12  officer, such benefits as are payable in the event of the

13  death of the police officer subsequent to his or her

14  retirement shall be paid as provided in s. 185.162.

15         (2)  Retirement income payments shall be made under the

16  option elected in accordance with the provisions of this

17  section and shall be subject to the following limitations:

18         (a)  If a police officer dies prior to his or her

19  normal retirement date or early retirement date, whichever

20  first occurs, no benefit will be payable under the option to

21  any person, but the benefits, if any, will be determined under

22  s. 185.21.

23         (b)  If the designated beneficiary (or beneficiaries)

24  or joint pensioner dies before the police officer's retirement

25  under the plan, the option elected will be canceled

26  automatically and a retirement income of the normal form and

27  amount will be payable to the police officer upon his or her

28  retirement as if the election had not been made, unless a new

29  election is made in accordance with the provisions of this

30  section or a new beneficiary is designated by the police

31

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  1  officer prior to his or her retirement and within 90 days

  2  after the death of the beneficiary.

  3         (c)  If both the retired police officer and the

  4  designated beneficiary (or beneficiaries) die before the full

  5  payment has been effected under any option providing for

  6  payments for a period certain and life thereafter, made

  7  pursuant to the provisions of subparagraph (1)(a)3., the board

  8  of trustees may, in its discretion, direct that the commuted

  9  value of the remaining payments be paid in a lump sum and in

10  accordance with s. 185.162.

11         (d)  If a police officer continues beyond his or her

12  normal retirement date pursuant to the provisions of s.

13  185.16(1) and dies prior to actual retirement and while an

14  option made pursuant to the provisions of this section is in

15  effect, monthly retirement income payments will be made, or a

16  retirement benefit will be paid, under the option to a

17  beneficiary (or beneficiaries) designated by the police

18  officer in the amount or amounts computed as if the police

19  officer had retired under the option on the date on which

20  death occurred.

21         (3)  No police officer may make any change in his or

22  her retirement option after the date of cashing or depositing

23  his or her first retirement check.

24         Section 60.  Section 185.162, Florida Statutes, is

25  amended to read:

26         185.162  Beneficiaries.--For any municipality, chapter

27  plan, local law municipality, or local law plan under this

28  chapter:

29         (1)  Each police officer may, on a form, provided for

30  that purpose, signed and filed with the board of trustees,

31  designate a choice of one or more persons, named sequentially

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  1  or jointly, as his or her beneficiary (or beneficiaries) to

  2  receive the benefit, if any, which may be payable in the event

  3  of the police officer's death, and each designation may be

  4  revoked by such police officer by signing and filing with the

  5  board of trustees a new designation or beneficiary form.

  6         (2)  If no beneficiary is named in the manner provided

  7  by subsection (1), or if no beneficiary designated by the

  8  member survives him or her a deceased police officer failed to

  9  name a beneficiary in the manner above prescribed, or if the

10  beneficiary (or beneficiaries) named by a deceased police

11  officer predeceases the police officer, the death benefit, if

12  any, which may be payable under the plan with respect to such

13  deceased police officer shall may be paid by, in the

14  discretion of the board of trustees, either to:

15         (a)  Any one or more of the persons comprising the

16  group consisting of the police officer's spouse, the police

17  officer's descendants, the police officer's parents, or the

18  police officer's heirs at law, and the board of trustees may

19  pay the entire benefit to any member of such group or

20  apportion such benefit among any two or more of them in such

21  shares as the board of trustees, in its sole discretion, shall

22  determine, or

23         (b)  the estate of such deceased police officer,

24  provided that in any of such cases the board of trustees, in

25  its discretion, may direct that the commuted value of the

26  remaining monthly income payments be paid in a lump sum. Any

27  payment made to any person pursuant to this subsection the

28  power and discretion conferred upon the board of trustees by

29  the preceding sentence shall operate as a complete discharge

30  of all obligations under the plan with regard to such deceased

31  police officer and shall not be subject to review by anyone,

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  1  but shall be final, binding and conclusive on all persons ever

  2  interested hereunder.

  3         (3)  Notwithstanding any other provision of law to the

  4  contrary, the surviving spouse of any pension participant

  5  member killed in the line of duty shall not lose survivor

  6  retirement benefits if the spouse remarries. The surviving

  7  spouse of such deceased member whose benefit terminated

  8  because of remarriage shall have the benefit reinstated as of

  9  July 1, 1994, at an amount that would have been payable had

10  such benefit not been terminated. This paragraph shall apply

11  to all municipalities which receive state excise tax moneys as

12  provided in s. 185.08.

13         Section 61.  Section 185.18, Florida Statutes, is

14  amended to read:

15         185.18  Disability retirement.--For any municipality,

16  chapter plan, local law municipality, or local law plan under

17  this chapter:

18         (1)  A police officer having 10 or more years of

19  credited service, or a police officer who becomes totally and

20  permanently disabled in the line of duty, regardless of length

21  of service, and having contributed to the municipal police

22  officers' retirement trust fund for 10 years or more may

23  retire from the service of the city under the plan if, prior

24  to the police officer's normal retirement date, he or she

25  becomes totally and permanently disabled as defined in

26  subsection (2) by reason of any cause other than a cause set

27  out in subsection (3) on or after the effective date of the

28  plan.  Such retirement shall herein be referred to as

29  disability retirement. The provisions for disability other

30  than line-of-duty disability shall not apply to a member who

31  has reached early or normal retirement age.

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  1         (2)  A police officer will be considered totally

  2  disabled if, in the opinion of the board of trustees, he or

  3  she is wholly prevented from rendering useful and efficient

  4  service as a police officer; and a police officer will be

  5  considered permanently disabled if, in the opinion of the

  6  board of trustees, such police officer is likely to remain so

  7  disabled continuously and permanently from a cause other than

  8  as specified in subsection (3).

  9         (3)  A police officer will not be entitled to receive

10  any disability retirement income if the disability is a result

11  of:

12         (a)  Excessive and habitual use by the police officer

13  of drugs, intoxicants or narcotics;

14         (b)  Injury or disease sustained by the police officer

15  while willfully and illegally participating in fights, riots,

16  civil insurrections or while committing a crime;

17         (c)  Injury or disease sustained by the police officer

18  while serving in any armed forces;

19         (d)  Injury or disease sustained by the police officer

20  after employment has terminated;

21         (e)  Injury or disease sustained by the police officer

22  while working for anyone other than the city and arising out

23  of such employment.

24         (4)  No police officer shall be permitted to retire

25  under the provisions of this section until examined by a duly

26  qualified physician or surgeon, to be selected by the board of

27  trustees for that purpose, and is found to be disabled in the

28  degree and in the manner specified in this section.  Any

29  police officer retiring under this section may shall be

30  examined periodically by a duly qualified physician or surgeon

31  or board of physicians and surgeons to be selected by the

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  1  board of trustees for that purpose, to determine if such

  2  disability has ceased to exist.

  3         (5)  The benefit payable to a police officer who

  4  retires from the service of the city with a total and

  5  permanent disability as a result of a disability commencing

  6  prior to the police officer's normal retirement date is the

  7  monthly income payable for 10 years certain and life for

  8  which, if the police officer's disability occurred in the line

  9  of duty, his or her monthly benefit shall be the accrued

10  retirement benefit, but shall not be less than 42 percent of

11  his or her average monthly compensation as of the police

12  officer's disability retirement date.  If after 10 years of

13  service the disability is other than in the line of duty, the

14  police officer's monthly benefit shall be the accrued normal

15  retirement benefit, but shall not be less than 25 percent of

16  his or her average monthly compensation as of the police

17  officer's disability retirement date.

18         (6)(a)  The monthly retirement income to which a police

19  officer is entitled in the event of his or her disability

20  retirement shall be payable on the first day of the first

21  month after the board of trustees determines such entitlement.

22  However, the monthly retirement income shall be payable as of

23  the date the board determines such entitlement, and any

24  portion due for a partial month shall be paid together with

25  the first payment.

26         (b)  The last payment will be,:

27         1.  if the police officer recovers from the disability

28  prior to his or her normal retirement date, the payment due

29  next preceding the date of such recovery, or,

30         2.  if the police officer dies without recovering from

31  his or her disability or attains his or her normal retirement

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  1  date while still disabled, the payment due next preceding

  2  death or the 120th monthly payment, whichever is later. In

  3  lieu of the benefit payment as provided in this subsection, a

  4  police officer may select an optional form as provided in s.

  5  185.161.

  6         (c)  Any monthly retirement income payments due after

  7  the death of a disabled police officer shall be paid to the

  8  police officer's designated beneficiary (or beneficiaries) as

  9  provided in ss. 185.162 and 185.21.

10         (7)  If the board of trustees finds that a police

11  officer who is receiving a disability retirement income is, at

12  any time prior to the police officer's normal retirement date,

13  no longer disabled, as provided herein, the board of trustees

14  shall direct that the disability retirement income be

15  discontinued.  Recovery from disability as used herein shall

16  mean the ability of the police officer to render useful and

17  efficient service as a police officer.

18         (8)  If the police officer recovers from disability and

19  reenters the service of the city as a police officer, his or

20  her service will be deemed to have been continuous, but the

21  period beginning with the first month for which the police

22  officer received a disability retirement income payment and

23  ending with the date he or she reentered the service of the

24  city may will not be considered as credited service for the

25  purposes of the plan.

26         Section 62.  Section 185.185, Florida Statutes, is

27  created to read:

28         185.185  False, misleading, or fraudulent statements

29  made to obtain public retirement benefits prohibited;

30  penalty.--

31

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  1         (1)  It is unlawful for a person to willfully and

  2  knowingly make, or cause to be made, or to assist, conspire

  3  with, or urge another to make, or cause to be made, any false,

  4  fraudulent, or misleading oral or written statement or

  5  withhold or conceal material information to obtain any benefit

  6  available under a retirement plan receiving funding under this

  7  chapter.

  8         (2)(a)  A person who violates subsection (1) commits a

  9  misdemeanor of the first degree, punishable as provided in s.

10  775.082 or s. 775.083.

11         (b)  In addition to any applicable criminal penalty,

12  upon conviction for a violation described in subsection (1), a

13  participant or beneficiary of a pension plan receiving funding

14  under this chapter may, in the discretion of the board of

15  trustees, be required to forfeit the right to receive any or

16  all benefits to which the person would otherwise be entitled

17  under this chapter.  For purposes of this paragraph,

18  "conviction" means a determination of guilt that is the result

19  of a plea or trial, regardless of whether adjudication is

20  withheld.

21         Section 63.  Section 185.19, Florida Statutes, is

22  amended to read:

23         185.19  Separation from municipal service;

24  refunds.--For any municipality, chapter plan, local law

25  municipality, or local law plan under this chapter:

26         (1)  If Should any police officer leaves leave the

27  service of the municipality before accumulating aggregate time

28  of 10 years toward retirement and before being eligible to

29  retire under the provisions of this chapter, such police

30  officer shall be entitled to a refund of all of his or her

31  contributions made to the municipal police officers'

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  1  retirement trust fund without interest, less any benefits paid

  2  to him or her.

  3         (2)  If Should any police officer who has been in the

  4  service of the municipality for at least 10 years elects and

  5  has contributed to the municipal police officers' retirement

  6  trust fund for at least 10 years elect to leave his or her

  7  accrued contributions, if contributions are required, in the

  8  municipal police officers' retirement trust fund, such police

  9  officer upon attaining age 50 years or more may retire at the

10  actuarial equivalent of the amount of such retirement income

11  otherwise payable to him or her, as provided in s. 185.16(4),

12  or, upon attaining age 55 years, may retire as provided in s.

13  185.16(2).

14         Section 64.  Section 185.191, Florida Statutes, is

15  amended to read:

16         185.191  Lump-sum payment of small retirement

17  income.--For any municipality, chapter plan, local law

18  municipality, or local law plan under this chapter,

19  notwithstanding any provision of the plan to the contrary, if

20  the monthly retirement income payable to any person entitled

21  to benefits hereunder is less than $100 $30 or if the

22  single-sum value of the accrued retirement income is less than

23  $2,500 $750 as of the date of retirement or termination of

24  service, whichever is applicable, the board of trustees, in

25  the exercise of its discretion, may specify that the actuarial

26  equivalent of such retirement income be paid in a lump sum.

27         Section 65.  Section 185.21, Florida Statutes, is

28  amended to read:

29         185.21  Death prior to retirement; refunds of

30  contributions or payment of death benefits.--For any

31

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  1  municipality, chapter plan, local law municipality, or local

  2  law plan under this chapter:

  3         (1)  If a Should any police officer dies die before

  4  being eligible to retire under the provisions of this chapter,

  5  the heirs, legatees, beneficiaries, or personal

  6  representatives representative of such deceased police officer

  7  shall be entitled to a refund of 100 percent, without

  8  interest, of the contributions made to the municipal police

  9  officers' retirement trust fund by such deceased police

10  officer or, in the event an annuity or life insurance contract

11  has been purchased by the board on such police officer, then

12  to the death benefits available under such life insurance or

13  annuity contract, subject to the limitations on such death

14  benefits set forth in s. 185.061 whichever amount is greater.

15         (2)  If a any police officer having at least 10 years

16  of credited service dies prior to retirement but has at least

17  10 years of contributing service, his or her beneficiary is

18  entitled to the benefits otherwise payable to the police

19  officer at early or normal retirement age.

20

21  In the event that a the death benefit paid by a life insurance

22  company exceeds the limit set forth in s. 185.061(6), the

23  excess of the death benefit over the limit shall be paid to

24  the municipal police officers' retirement trust fund.

25  However, death the benefits as provided pursuant to in s.

26  112.19 or any other state or federal law shall not be included

27  in the calculation of as death or retirement benefits provided

28  under the provisions of this chapter.

29         Section 66.  Section 185.221, Florida Statutes, is

30  amended to read:

31

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  1         185.221  Annual report to Division of Retirement;

  2  actuarial valuations reports.--For any municipality, chapter

  3  plan, local law municipality, or local law plan under this

  4  chapter, the board of trustees for every chapter plan and

  5  local law plan shall submit the following reports to the

  6  division:

  7         (1)  With respect to chapter plans:

  8         (a)(1)  Each year by February 1, the chair or secretary

  9  of each municipal police officers' retirement trust fund

10  operating a chapter plan shall file a report with the division

11  which contains:

12         1.(a)  A statement of whether in fact the municipality

13  is within the provisions of s. 185.03.

14         2.(b)  An independent audit by a certified public

15  accountant if the fund has $250,000 $100,000 or more in

16  assets, or a certified statement of accounting if the fund has

17  less than $250,000 $100,000 in assets, for the most recent

18  plan fiscal year of the municipality, showing a detailed

19  listing of assets and methods used to value them and a

20  statement of all income and disbursements during the year.

21  Such income and disbursements shall be reconciled with the

22  assets at the beginning and end of the year.

23         3.(c)  A statistical exhibit showing the total number

24  of police officers on the force of the municipality, the

25  number included in the retirement plan and the number

26  ineligible classified according to the reasons for their being

27  ineligible, and the number of disabled and retired police

28  officers and their beneficiaries receiving pension payments

29  and the amounts of annual retirement income or pension

30  payments being received by them.

31

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  1         4.(d)  A statement of the amount the municipality, or

  2  other income source, has contributed to the retirement plan

  3  for the most recent plan year ending with the preceding

  4  December 31 and the amount the municipality will contribute to

  5  the retirement plan for the current plan calendar year.

  6         5.(e)  If any benefits are insured with a commercial

  7  insurance company, the report shall include a statement of the

  8  relationship of the insured benefits to the benefits provided

  9  by this chapter.  This report shall also contain information

10  about the insurer, basis of premium rates and mortality table,

11  interest rate and method used in valuing retirement benefits.

12         (b)(2)  In addition to annual reports provided under

13  paragraph (a), by February 1 of each triennial year, an

14  actuarial valuation of the chapter plan must be made by the

15  division at least once every 3 years, as provided in s.

16  112.63, commencing 3 years from the last actuarial valuation

17  of the plan or system for existing plans, or commencing 3

18  years from the issuance of the initial actuarial impact

19  statement submitted under s. 112.63 for newly created plans.

20  To that end By February 1 of each triennial year beginning

21  with February 1, 1986, and at least every 3 years commencing

22  from the last actuarial report of the plan or system or from

23  February 1, 1987, if no actuarial report has been issued

24  within the 3-year period prior to February 1, 1986, the chair

25  of the board of trustees for each municipal police officers'

26  retirement trust fund operating under a chapter plan shall

27  report to the division such data as that the division needs to

28  complete an actuarial valuation of each fund.  The forms for

29  each municipality shall be supplied by the division.  The

30  expense of the actuarial valuation shall be borne by the

31  municipal police officers' retirement trust fund established

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  1  by s. 185.10. The requirements of this section are

  2  supplemental to the actuarial valuations necessary to comply

  3  with ss. 11.45 and 218.32.

  4         (2)  With respect to local law plans:

  5         (a)  Each year, on or before March 15, the trustees of

  6  the retirement plan shall submit the following information to

  7  the division in order for the retirement plan of such

  8  municipality to receive a share of the state funds for the

  9  then-current calendar year:

10         1.  A certified copy of each and every instrument

11  constituting or evidencing the plan.  This includes the formal

12  plan, including all amendments, the trust agreement, copies of

13  all insurance contracts, and formal announcement materials.

14         2.  An independent audit by a certified public

15  accountant if the fund has $250,000 or more in assets, or a

16  certified statement of accounting if the fund has less than

17  $250,000 in assets, for the most recent plan year, showing a

18  detailed listing of assets and a statement of all income and

19  disbursements during the year.  Such income and disbursements

20  must be reconciled with the assets at the beginning and end of

21  the year.

22         3.  A certified statement listing the investments of

23  the plan and a description of the methods used in valuing the

24  investments.

25         4.  A statistical exhibit showing the total number of

26  police officers, the number included in the plan, and the

27  number ineligible classified according to the reasons for

28  their being ineligible, and the number of disabled and retired

29  police officers and their beneficiaries receiving pension

30  payments and the amounts of annual retirement income or

31  pension payments being received by them.

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  1         5.  A certified statement describing the methods,

  2  factors, and actuarial assumptions used in determining the

  3  cost.

  4         6.  A certified statement by an enrolled actuary

  5  showing the results of the latest actuarial valuation of the

  6  plan and a copy of the detailed worksheets showing the

  7  computations used in arriving at the results.

  8         7.  A statement of the amount the municipality, or

  9  other income source, has contributed toward the plan for the

10  most recent plan year and will contribute toward the plan for

11  the current plan year.

12

13  When any of the items required hereunder is identical to the

14  corresponding item submitted for a previous year, it is not

15  necessary for the trustees to submit duplicate information if

16  they make reference to the item in the previous year's report.

17         (b)  In addition to annual reports provided under

18  paragraph (a), an actuarial valuation of the retirement plan

19  must be made at least once every 3 years, as provided in s.

20  112.63, commencing 3 years from the last actuarial valuation

21  of the plan or system for existing plans, or commencing 3

22  years from issuance of the initial actuarial impact statement

23  submitted under s. 112.63 for newly created plans.  Such

24  valuation shall be prepared by an enrolled actuary, subject to

25  the following conditions:

26         1.  The assets shall be valued as provided in s.

27  112.625(7).

28         2.  The cost of the actuarial valuation must be paid by

29  the individual police officer's retirement trust fund or by

30  the sponsoring municipality.

31

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  1         3.  A report of the valuation, including actuarial

  2  assumptions and type and basis of funding, shall be made to

  3  the division within 3 months after the date of the valuation.

  4  If any benefits are insured with a commercial insurance

  5  company, the report must include a statement of the

  6  relationship of the retirement plan benefits to the insured

  7  benefits, the name of the insurer, the basis of premium rates,

  8  and the mortality table, interest rate, and method used in

  9  valuing the retirement benefits.

10         Section 67.  Subsection (1) of section 185.23, Florida

11  Statutes, is amended to read:

12         185.23  Duties of Division of Retirement; rulemaking;

13  investment by State Board of Administration.--

14         (1)  The division shall be responsible for the daily

15  oversight and monitoring for actuarial soundness of the

16  municipal police officers' retirement plans, whether chapter

17  or local law plans, established under this chapter, for

18  receiving and holding the premium tax moneys collected under

19  this chapter, and, upon determining compliance with the

20  provisions on this chapter, for disbursing those moneys to the

21  municipal police officers' retirement plans.  The funds to pay

22  the expenses for such administration shall be annually

23  appropriated from the interest and investment income earned on

24  moneys deposited in the trust fund.

25         Section 68.  Section 185.25, Florida Statutes, is

26  amended to read:

27         185.25  Exemption from execution.--For any

28  municipality, chapter plan, local law municipality, or local

29  law plan under this chapter, the pensions, annuities, or any

30  other benefits accrued or accruing to any person under any

31  municipality, chapter plan, local law municipality, or local

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  1  law plan under the provisions of this chapter and the

  2  accumulated contributions and the cash securities in the funds

  3  created under this chapter are hereby exempted from any state,

  4  county or municipal tax of the state and shall not be subject

  5  to execution or attachment or to any legal process whatsoever

  6  and shall be unassignable.

  7         Section 69.  Section 185.27, Florida Statutes, is

  8  repealed.

  9         Section 70.  Section 185.29, Florida Statutes, is

10  repealed.

11         Section 71.  Section 185.30, Florida Statutes, is

12  amended to read:

13         185.30  Depository for retirement fund.--For any

14  municipality, chapter plan, local law municipality, or local

15  law plan under this chapter, all funds and securities of the

16  municipal police officers' retirement trust fund of any

17  municipality, chapter plan, local law municipality, or local

18  law plan under this chapter may be deposited by the board of

19  trustees with the treasurer of the municipality acting in a

20  ministerial capacity only, who shall be liable in the same

21  manner and to the same extent as he or she is liable for the

22  safekeeping of funds for the municipality.  However, any funds

23  and securities so deposited with the treasurer of the

24  municipality shall be kept in a separate fund by the municipal

25  treasurer or clearly identified as such funds and securities

26  of the municipal police officers' retirement trust fund.  In

27  lieu thereof, the board of trustees shall deposit the funds

28  and securities of the municipal police officers' retirement

29  trust fund in a qualified public depository as defined in s.

30  280.02, which depository with regard to such funds and

31

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  1  securities shall conform to and be bound by all of the

  2  provisions of chapter 280.

  3         Section 72.  Section 185.31, Florida Statutes, is

  4  amended to read:

  5         185.31  Municipalities and boards independent of other

  6  municipalities and boards and of each other.--In the

  7  enforcement and in the interpretation of the provisions of

  8  this chapter for any municipality, chapter plan, local law

  9  municipality, or local law plan under this chapter, each

10  municipality shall be independent of any other municipality,

11  and the board of trustees of the municipal police officers'

12  retirement trust fund of each municipality shall function for

13  the municipality which they are to serve as trustees. Each

14  board of trustees shall be independent of each municipality

15  for which it serves as board of trustees to the extent

16  required to accomplish the intent, requirements, and

17  responsibilities provided for in this chapter.

18         Section 73.  Section 185.32, Florida Statutes, is

19  repealed.

20         Section 74.  Section 185.34, Florida Statutes, is

21  amended to read:

22         185.34  Disability in line of duty.--For any

23  municipality, chapter plan, local law municipality, or local

24  law plan under this chapter, any condition or impairment of

25  health of any and all police officers employed in the state

26  caused by tuberculosis, hypertension, heart disease, or

27  hardening of the arteries, resulting in total or partial

28  disability or death, shall be presumed to be accidental and

29  suffered in line of duty unless the contrary be shown by

30  competent evidence.  Any condition or impairment of health

31  caused directly or proximately by exposure, which exposure

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  1  occurred in the active performance of duty at some definite

  2  time or place without willful negligence on the part of the

  3  police officer, resulting in total or partial disability,

  4  shall be presumed to be accidental and suffered in the line of

  5  duty, provided that such police officer shall have

  6  successfully passed a physical examination upon entering such

  7  service, which physical examination including

  8  electrocardiogram failed to reveal any evidence of such

  9  condition, and, further, that such presumption shall not apply

10  to benefits payable under or granted in a policy of life

11  insurance or disability insurance.  This section shall be

12  applicable to all police officers employed in this state only

13  with reference to pension and retirement benefits under this

14  chapter.

15         Section 75.  Section 185.341, Florida Statutes, is

16  amended to read:

17         185.341  Discrimination in benefit formula prohibited;

18  restrictions regarding designation of joint annuitants.--For

19  any municipality, chapter plan, local law municipality, or

20  local law plan under this chapter:

21         (1)  No plan established under the provisions of this

22  chapter and participating in the distribution of premium tax

23  moneys as provided in this chapter shall discriminate in its

24  benefit formula based on color, national origin, sex, or

25  marital status.; however,

26         (2)(a)  If a plan offers a joint annuitant option and

27  the member selects such option, or if a the plan specifies

28  that the member's spouse is to receive the benefits that which

29  continue to be payable upon the death of the member, then, in

30  both of these cases, after retirement the benefits have

31

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  1  commenced, a retired member may change the designation of

  2  joint annuitant or beneficiary only twice.

  3         (b)  Any If said retired member who desires to change

  4  the joint annuitant or beneficiary, he or she shall file with

  5  the board of trustees of his or her plan a notarized notice of

  6  such change either by registered letter or on such a form as

  7  is provided by the administrator of the plan. Upon receipt of

  8  a completed change of joint annuitant form or such other

  9  notice, the board of trustees shall adjust the member's

10  monthly benefit by the application of actuarial tables and

11  calculations developed to ensure that the benefit paid is the

12  actuarial equivalent of the present value of the member's

13  current benefit.  Nothing herein shall preclude a plan from

14  actuarially adjusting benefits or offering options based upon

15  sex, age, early retirement, or disability.

16         (3)  Eligibility for coverage under the plan must be

17  based upon length of service, or attained age, or both, and

18  benefits must be determined by a nondiscriminatory formula

19  based upon:

20         1.  Length of service and compensation; or

21         2.  Length of service.

22         Section 76.  Section 185.35, Florida Statutes, is

23  amended to read:

24         185.35  Municipalities having their own pension plans

25  for police officers.--For any municipality, chapter plan,

26  local law municipality, or local law plan under this chapter,

27         (1)  in order for municipalities with their own pension

28  plans for police officers or for police officers, and

29  firefighters where included, other employees to participate in

30  the distribution of the tax fund established pursuant to s. in

31  ss. 185.07, 185.08, local law plans and 185.09, their

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  1  retirement funds must meet the minimum benefits and minimum

  2  standards set forth in this chapter each of the following

  3  standards:

  4         (1)  PREMIUM TAX INCOME.--If a municipality has a

  5  pension plan for police officers, or for police officers and

  6  firefighters where included, which, in the opinion of the

  7  division, meets the minimum benefits and minimum standards set

  8  forth in this chapter, the board of trustees of the pension

  9  plan, as approved by a majority of police officers of the

10  municipality, may:

11         (a)  Place the income from the premium tax in s. 185.08

12  in such pension plan for the sole and exclusive use of its

13  police officers, or its police officers and firefighters where

14  included, where it shall become an integral part of that

15  pension plan and shall be used to pay extra benefits to the

16  police officers included in that pension plan; or

17         (b)  May place the income from the premium tax in s.

18  185.08 in a separate supplemental plan to pay extra benefits

19  to the police officers, or police officers and firefighters

20  where included, participating in such separate supplemental

21  plan.

22

23  The premium tax provided by this chapter shall in all cases be

24  used in its entirety to provide extra benefit to police

25  officers, or to police officers and firefighters, where

26  included.  For purposes of this chapter, the term "extra

27  benefits" means benefits in addition to or greater than those

28  provided to general employees of the municipality.  However,

29  local law plans in effect on October 1, 1998, shall be

30  required to comply with the minimum benefit provisions of this

31  chapter only to the extent that additional premium tax

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  1  revenues become available to incrementally fund the cost of

  2  such compliance as provided in s. 185.16(2).  For the purpose

  3  of this section, "additional premium tax revenues" means

  4  revenues received by a municipality pursuant to s. 185.10 that

  5  exceed the amount received for calendar year 1997. Local law

  6  plans created by special act before May 23, 1939, shall be

  7  deemed to comply with this chapter.

  8         (2)  ADOPTION OR REVISION OF A LOCAL LAW PLAN.--

  9         (a)  The plan must be for the purpose of providing

10  retirement and disability income for police officers.

11         (b)  The normal retirement age, if any, must not be

12  higher than age 60.

13         (c)  If the plan provides for a stated period of

14  service as a requirement to receive a retirement income, that

15  period must not be higher than 30 years.

16         (d)  The benefit formula to determine the amount of

17  monthly pension must be equal to at least 2 percent for each

18  year of the police officer's credited service, multiplied by

19  his or her average final compensation. However, if current

20  state contributions pursuant to this chapter are not adequate

21  to fund the additional benefits to meet the minimum

22  requirements in this chapter, only increment increases shall

23  be required as state moneys are adequate to provide.  Such

24  increments shall be provided as state moneys become available.

25         (e)  If a ceiling on the monthly payment is stated in

26  the plan, it should be no lower than $100.

27         (f)  Death or survivor benefits and disability benefits

28  may be incorporated into the plan as the municipality wishes

29  but in no event should the single-sum value of such benefits

30  as of the date of termination of service because of death or

31  disability exceed:

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  1         1.  One hundred times the estimated normal monthly

  2  retirement income, based on the assumption that the present

  3  rate of compensation continues without change to normal

  4  retirement date,

  5         2.  Twice the annual rate of compensation as of the

  6  date of termination of service, or

  7         3.  The single-sum value of the accrued deferred

  8  retirement income (beginning at normal retirement date) at

  9  date of termination of service,

10

11  whichever is greatest; however, nothing in this paragraph

12  shall require any reduction in death or disability benefits

13  provided by a retirement plan in effect on July 1, 1959.

14         (g)  Eligibility for coverage under the plan must be

15  based upon length of service, or attained age, or both, and

16  benefits must be determined by a nondiscriminatory formula

17  based upon:

18         1.  Length of service and compensation, or

19         2.  Length of service.

20

21  The retirement plan shall require participants to contribute

22  toward the cost of the plan an amount which shall not be less

23  than 1 percent of salary, and it must set forth the

24  termination rights, if any, of an employee in the event of the

25  separation or withdrawal of an employee before retirement.

26         (h)  An actuarial valuation of the retirement plan must

27  be made at least once in every 5 years commencing with

28  December 31, 1963, and at least every 3 years commencing from

29  the last actuarial report of the plan or system or from

30  October 1, 1986, if no actuarial report has been issued within

31

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  1  the 3 years prior to October 1, 1983.  Such valuation shall be

  2  prepared by an enrolled actuary.

  3         1.  The cost of the actuarial valuation must be paid by

  4  the individual retirement fund or by the municipality.

  5         2.  A report of the valuation, including actuarial

  6  assumptions and type and basis of funding, shall be made to

  7  the division within 3 months after the date of valuation.  If

  8  any benefits are insured with a commercial insurance company,

  9  the report shall include a statement of the relationship of

10  the retirement plan benefits to the insured benefits and, in

11  addition, the name of the insurer, basis of premium rates, and

12  the mortality table, interest rate, and method used in valuing

13  retirement benefits.

14         (i)  Commencing on July 1, 1964, the municipality shall

15  contribute to the plan annually an amount which together with

16  the contributions from the police officers, the amount derived

17  from the premium tax provided in s. 185.08, and other income

18  sources will be sufficient to meet the normal cost of the plan

19  and to fund the actuarial deficiency over a period not longer

20  than 40 years.

21         (j)  No retirement plan or amendment to a retirement

22  plan shall be proposed for adoption unless the proposed plan

23  or amendment contains an actuarial estimate of the costs

24  involved.  No such proposed plan or proposed plan change shall

25  be adopted without the approval of the municipality or, where

26  permitted, the Legislature. Copies of the proposed plan or

27  proposed plan change and the actuarial impact statement of the

28  proposed plan or proposed plan change shall be furnished to

29  the division prior to the last public hearing thereon.  Such

30  statement shall also indicate whether the proposed plan or

31  proposed plan change is in compliance with s. 14, Art. X of

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  1  the State Constitution and those provisions of part VII of

  2  chapter 112 which are not expressly provided in this chapter.

  3  Notwithstanding any other provision, only those local law

  4  plans created by Special Act of legislation prior to May 23,

  5  1939, shall be deemed to meet the minimum benefits and minimum

  6  standards only in this chapter.

  7         (k)  Each year on or before March 15, the trustees of

  8  the retirement plan must submit the following information to

  9  the division in order for the retirement plan of such

10  municipality to receive a share of state funds for the then

11  current calendar year; when any of these items would be

12  identical with the corresponding item submitted for a previous

13  year, it is not necessary for the trustees to submit duplicate

14  information if they make reference to the item in such

15  previous year's report:

16         1.  A certified copy of each and every instrument

17  constituting or evidencing the plan.

18         2.  An independent audit by a certified public

19  accountant if the fund has $100,000 or more in assets, or a

20  certified statement of accounting if the fund has less than

21  $100,000 in assets, for the most recent fiscal year of the

22  municipality showing a detailed listing of assets and a

23  statement of all income and disbursements during the year.

24  Such income and disbursements must be reconciled with the

25  assets at the beginning and end of the year.

26         3.  A certified statement listing the investments of

27  the plan and a description of the methods used in valuing the

28  investments.

29         4.  A statistical exhibit showing the total number of

30  police officers, the number included in the plan, and the

31

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  1  number ineligible classified according to the reasons for

  2  their being ineligible.

  3         5.  A statement of the amount the municipality and

  4  other income sources have contributed toward the plan or will

  5  contribute toward the plan for the current calendar year.

  6         (2)  If a municipality has a police officers'

  7  retirement plan which, in the opinion of the division, meets

  8  the standards set forth in subsection (1), the board of

  9  trustees of the pension plan, as approved by a majority of the

10  police officers of the municipality affected, or the official

11  pension committee, as approved by a majority of the police

12  officers of the municipality affected, may place the income

13  from the premium tax in s. 185.08 in its existing pension fund

14  for the sole and exclusive use of its police officers (or for

15  firefighters and police officers where included), where it

16  shall become an integral part of that fund, or may use the

17  income to pay extra benefits to the police officers included

18  in the fund.

19         (3)  Notwithstanding any other provision, with respect

20  to any supplemental plan municipality:

21         (a)  Section 185.02(4)(a) shall not apply, and a local

22  law plan and a supplemental plan may continue to use their

23  definition of compensation or salary in existence on the

24  effective date of this act.

25         (b)  Section 185.05(1)(b) shall not apply, and a local

26  law plan and a supplemental plan shall continue to be

27  administered by a board or boards of trustees numbered,

28  constituted, and selected as the board or boards were

29  numbered, constituted, and selected on January 1, 1997.

30         (c)  The election set forth in paragraphs (1)(b) shall

31  be deemed to have been made.

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  1         (4)(3)  The retirement plan setting forth the benefits

  2  and the trust agreement, if any, covering the duties and

  3  responsibilities of the trustees and the regulations of the

  4  investment of funds must be in writing and copies made

  5  available to the participants and to the general public.

  6         (4)(a)  The membership of the board of trustees for

  7  pension plans operated pursuant to this section shall be as

  8  follows:

  9         1.  If a municipality has a pension plan for police

10  officers only, the provisions of s. 185.05 shall apply.

11         2.  If a municipality has a pension plan for police

12  officers and firefighters, the provisions of s. 185.05 shall

13  apply, except that two members of the board shall be police

14  officers or firefighters who shall be elected by a majority of

15  the police officers and firefighters who are members of the

16  plan.

17         3.  If a municipality has a pension plan for police

18  officers and general employees, at least one member of the

19  board shall be a police officer who shall be elected by a

20  majority of the police officers who are members of the plan.

21         4.  If a municipality has a pension plan for police

22  officers, firefighters, and general employees, at least one

23  member of the board shall be a police officer or firefighter

24  who shall be elected by a majority of the police officers and

25  firefighters who are members of the plan.

26         (b)  Nothing in this section shall permit the reduction

27  of the membership percentage of police officers, or police

28  officers and firefighters where a joint or mixed fund exists,

29  on any board of trustees operating a pension plan pursuant to

30  this section on June 30, 1986.

31

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  1         (5)  The provisions of this section and s. 185.05 may

  2  not be changed by a participating municipality operating a

  3  pension plan pursuant to this section.

  4         Section 77.  Section 185.36, Florida Statutes, is

  5  repealed.

  6         Section 78.  Section 185.37, Florida Statutes, is

  7  amended to read:

  8         185.37  Termination of plan and distribution of

  9  fund.--For any municipality, chapter plan, local law

10  municipality, or local law plan under this chapter, the plan

11  may be terminated by the municipality. Upon termination of the

12  plan by the municipality for any reason, or because of a

13  transfer, merger, or consolidation of governmental units,

14  services, or functions as provided in chapter 121, or upon

15  written notice to the board of trustees by the municipality

16  that contributions under the plan are being permanently

17  discontinued, the rights of all employees to benefits accrued

18  to the date of such termination or discontinuance and the

19  amounts credited to the employees' accounts are

20  nonforfeitable. The fund shall be apportioned and distributed

21  in accordance with the following procedures:

22         (1)  The board of trustees shall determine the date of

23  distribution and the asset value to be distributed, after

24  taking into account the expenses of such distribution.

25         (2)  The board of trustees shall determine the method

26  of distribution of the asset value, that is, whether

27  distribution shall be by payment in cash, by the maintenance

28  of another or substituted trust fund, by the purchase of

29  insured annuities, or otherwise, for each police officer

30  entitled to benefits under the plan, as specified in

31  subsection (3).

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  1         (3)  The board of trustees shall apportion the asset

  2  value as of the date of termination in the manner set forth in

  3  this subsection, on the basis that the amount required to

  4  provide any given retirement income shall mean the actuarially

  5  computed single-sum value of such retirement income, except

  6  that if the method of distribution determined under subsection

  7  (2) involves the purchase of an insured annuity, the amount

  8  required to provide the given retirement income shall mean the

  9  single premium payable for such annuity.

10         (a)  Apportionment shall first be made in respect of

11  each retired police officer receiving a retirement income

12  hereunder on such date, each person receiving a retirement

13  income on such date on account of a retired (but since

14  deceased) police officer, and each police officer who has, by

15  such date, become eligible for normal retirement but has not

16  yet retired, in the amount required to provide such retirement

17  income, provided that, if such asset value is less than the

18  aggregate of such amounts, such amounts shall be

19  proportionately reduced so that the aggregate of such reduced

20  amounts will be equal to such asset value.

21         (b)  If there is any asset value remaining after the

22  apportionment under paragraph (a), apportionment shall next be

23  made in respect of each police officer in the service of the

24  municipality on such date who has completed at least 10 years

25  of credited service, in who has contributed to the municipal

26  police officers' retirement trust fund for at least 10 years,

27  and who is not entitled to an apportionment under paragraph

28  (a), in the amount required to provide the actuarial

29  equivalent of the accrued normal retirement income, based on

30  the police officer's credited service and earnings to such

31  date, and each former participant then entitled to a benefit

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  1  under the provisions of s. 185.19 who has not by such date

  2  reached his or her normal retirement date, in the amount

  3  required to provide the actuarial equivalent of the accrued

  4  normal retirement income to which he or she is entitled under

  5  s. 185.19, provided that, if such remaining asset value is

  6  less than the aggregate of the amounts apportioned hereunder,

  7  such latter amounts shall be proportionately reduced so that

  8  the aggregate of such reduced amounts will be equal to such

  9  remaining asset value.

10         (c)  If there is an asset value after the

11  apportionments under paragraphs (a) and (b), apportionment

12  shall lastly be made in respect of each police officer in the

13  service of the municipality on such date who is not entitled

14  to an apportionment under paragraphs (a) and (b) in the amount

15  equal to the police officer's total contributions to the plan

16  to date of termination, provided that, if such remaining asset

17  value is less than the aggregate of the amounts apportioned

18  hereunder, such latter amounts shall be proportionately

19  reduced so that the aggregate of such reduced amounts will be

20  equal to such remaining asset value.

21         (d)  In the event that there is asset value remaining

22  after the full apportionment specified in paragraphs (a), (b),

23  and (c), such excess shall be returned to the municipality,

24  less return to the state of the state's contributions,

25  provided that, if the excess is less than the total

26  contributions made by the municipality and the state to date

27  of termination of the plan, such excess shall be divided

28  proportionately to the total contributions made by the

29  municipality and the state.

30

31

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  1         (4)  The board of trustees shall distribute, in

  2  accordance with the manner of distribution determined under

  3  subsection (2), the amounts apportioned under subsection (3).

  4

  5  If, after a period of 24 months after the date on which the

  6  plan terminated or the date on which the board received

  7  written notice that the contributions thereunder were being

  8  permanently discontinued, the municipality or the board of

  9  trustees of the municipal police officers' retirement trust

10  fund affected has not complied with all the provisions in this

11  section, the division shall effect the termination of the fund

12  in accordance with this section.

13         Section 79.  Section 185.38, Florida Statutes, is

14  amended to read:

15         185.38  Transfer to another state retirement system;

16  benefits payable.--For any municipality, chapter plan, local

17  law municipality, or local law plan under this chapter:

18         (1)  Any police officer who has a vested right to

19  benefits under a pension plan created pursuant to the

20  provisions of this chapter and who elects to participate in

21  another state retirement system may not receive a benefit

22  under the provisions of the latter retirement system for any

23  year's service for which benefits are paid under the

24  provisions of the pension plan created pursuant to this

25  chapter.

26         (2)  When every active participant in any pension plan

27  created pursuant to this chapter elects to transfer to another

28  state retirement system, the pension plan created pursuant to

29  this chapter shall be terminated and the assets distributed in

30  accordance with s. 185.37.  If some participants in a pension

31  plan created pursuant to this chapter elect to transfer to

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  1  another state retirement system and other participants elect

  2  to remain in the existing plan created pursuant to this

  3  chapter, the plan created pursuant to this chapter shall

  4  continue to receive state premium tax moneys remain in effect

  5  until fully funded. "Fully funded" means that the present

  6  value of all benefits, accrued and projected, is less than the

  7  available assets and the present value of future member

  8  contributions and future plan sponsor contributions on an

  9  actuarial entry age cost funding basis.  The plan shall remain

10  in effect until the last active participant has terminated and

11  shall then be terminated in accordance with s. 185.37.

12         Section 80.  Section 185.39, Florida Statutes, is

13  amended to read:

14         (Substantial rewording of section.  See

15         s. 185.39, F.S., for present text.)

16         185.39  Applicability.--This act applies to all

17  municipalities, chapter plans, local law municipalities, or

18  local law plans presently existing or to be created pursuant

19  to this chapter.  Those plans presently existing pursuant to

20  s. 185.35 and not in compliance with the provisions of this

21  act must comply no later than December 31, 1998.  However, the

22  plan sponsor of any plan established by special act of the

23  Legislature shall have until July 1, 1999, to comply with the

24  provisions of this act, except as otherwise provided in this

25  act with regard to establishment and election of board

26  members.  The provisions of this act shall be construed to

27  establish minimum standards and minimum benefit levels, and

28  nothing contained in this act or in chapter 185 shall operate

29  to reduce presently existing rights or benefits of any police

30  officer, directly, indirectly, or otherwise.

31

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  1         Section 81.  Section 185.40, Florida Statutes, is

  2  repealed.

  3         Section 82.  Section 185.50, Florida Statutes, is

  4  amended to read:

  5         185.50  Retiree health insurance subsidy.--For any

  6  municipality, chapter plan, local law municipality, or local

  7  law plan under this chapter, under the broad grant of home

  8  rule powers under the Florida Constitution and chapter 166,

  9  municipalities have the authority to establish and administer

10  locally funded health insurance subsidy programs. Pursuant

11  thereto:

12         (1)  PURPOSE.--The purpose of this section is to allow

13  municipalities the option to use premium tax moneys, as

14  provided for under this chapter, to establish and administer

15  health insurance subsidy programs which will provide a monthly

16  subsidy payment to retired members of any municipal police

17  officers' pension trust fund system or plan as provided under

18  this chapter, or to beneficiaries who are spouses or financial

19  dependents entitled to receive benefits under such a plan, in

20  order to assist such retired members or beneficiaries in

21  paying the costs of health insurance.

22         (2)  MUNICIPAL RETIREE HEALTH INSURANCE SUBSIDY TRUST

23  FUNDS; ESTABLISHMENT AND TERMINATION.--

24         (a)  Any municipality having a municipal police

25  officers' pension trust fund system or plan as provided under

26  this chapter may, in its discretion, establish by ordinance a

27  trust fund to be known as the municipal police officers'

28  retiree health insurance subsidy trust fund.  This fund may be

29  a separate account established for such purpose in the

30  existing municipal police officers' pension fund, provided

31  that all funds deposited in such account are segregated from,

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  1  and not commingled with, pension funds or other public moneys

  2  and that the account otherwise conforms to the requirements of

  3  subsection (8). The trust fund shall be used to account for

  4  all moneys received and disbursed pursuant to this section.

  5         (b)  Prior to the second reading of the ordinance

  6  before the municipal legislative body, an actuarial valuation

  7  must be performed by an enrolled actuary as defined in s.

  8  185.02, and copies of the valuation and the proposed

  9  implementing ordinance shall be furnished to the division.

10         (c)  The subsidy program may, at the discretion of the

11  municipal governing body, be permanently discontinued by

12  municipal ordinance at any time, subject to the requirements

13  of any applicable collective bargaining agreement, in the same

14  manner and subject to the same conditions established for plan

15  termination and fund distribution under s. 185.37.

16         (3)  FUNDING.--Trust funds established pursuant to this

17  section shall be funded in the following manner:

18         (a)  By payment to the fund of an amount equivalent to

19  one-half of the net increase over the previous tax year in the

20  premium tax funds provided for in this chapter, said amount to

21  be established in the implementing ordinance.

22         (b)  By no less than one-half of 1 percent of the base

23  salary of each police officer, for so long as the police

24  officer is employed and covered by a pension plan established

25  pursuant to this chapter. The municipality, with approval of

26  the board of trustees, may increase member contributions if

27  needed to fund benefits greater than the minimums established

28  in this section.

29         (c)  By payment by the municipality, on at least a

30  quarterly basis, of whatever sum is determined necessary to

31

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  1  maintain the actuarial soundness of the fund in accordance

  2  with s. 112.64.

  3

  4  Such contributions and payments shall be submitted to the

  5  board of trustees of the police officers' pension trust fund,

  6  or the plan trustees in the case of local law plans

  7  established under s. 185.35, and deposited in the Municipal

  8  Police Officers' Retiree Health Insurance Subsidy Trust Fund,

  9  in the same manner and subject to the same time constraints as

10  provided under s. 185.11.

11         (4)  ELIGIBILITY FOR RETIREE HEALTH INSURANCE

12  SUBSIDY.--A person who has contributed to the Retiree Health

13  Insurance Subsidy Trust Fund and retires under a municipal

14  police officers' pension trust fund system or plan as provided

15  under this chapter, including any local law plan as provided

16  under s. 185.35, or a beneficiary who is a spouse or financial

17  dependent entitled to receive benefits under such a plan, is

18  eligible for health insurance subsidy payments provided under

19  this section.  However, the fund, with approval of the board

20  of trustees and the municipality, may provide coverage to

21  retirees and beneficiaries when the retirees have not

22  contributed to the fund as provided in subsection (3).

23  Payment of the retiree health insurance subsidy shall be made

24  only after coverage for health insurance for the retiree or

25  beneficiary has been certified in writing to the board of

26  trustees of the municipal police officers' pension trust fund.

27         (5)  RETIREE HEALTH INSURANCE SUBSIDY

28  AMOUNT.--Beginning on the effective date established in the

29  implementing ordinance, each eligible retiree, or beneficiary

30  who is a spouse or financial dependent thereof, shall receive

31  a monthly retiree health insurance subsidy payment equal to

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  1  the aggregate number of years of service with the

  2  municipality, as defined in s. 185.02, completed at the time

  3  of retirement multiplied by an amount determined in the

  4  implementing ordinance, but no less than $3 for each year of

  5  service. Nothing herein shall be construed to restrict the

  6  plan sponsor from establishing, in the implementing ordinance,

  7  a cap of no less than 30 years upon the number of years'

  8  service for which credit will be given toward a health

  9  insurance subsidy or a maximum monthly subsidy amount.

10         (6)  PAYMENT OF RETIREE HEALTH INSURANCE

11  SUBSIDY.--Beginning on the effective date established in the

12  implementing ordinance, any monthly retiree health insurance

13  subsidy amount due and payable under this section shall be

14  paid to retired members, or their eligible beneficiaries, by

15  the board of trustees of the police officers' pension trust

16  fund, or the plan trustees in the case of local law plans

17  established under s. 185.35, in the same manner as provided by

18  s. 185.06(1)(c) for drafts upon the pension fund.

19         (7)  INVESTMENT OF THE TRUST FUND.--The trustees of the

20  police officers' pension trust fund, or the plan trustees in

21  the case of local law plans established under s. 185.35, are

22  hereby authorized to invest and reinvest the funds of the

23  Municipal Police Officers' Retiree Health Insurance Subsidy

24  Trust Fund in the same manner and subject to the same

25  conditions as apply hereunder to the investment of municipal

26  police officers' pension funds under s. 185.06.

27         (8)  DEPOSIT OF PENSION FUNDS.--All funds and

28  securities of the health insurance subsidy fund may be

29  deposited by the board of trustees with the treasurer of the

30  municipality, acting in a ministerial capacity only, who shall

31  be liable in the same manner and to the same extent as he or

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  1  she is liable for the safekeeping of funds for the

  2  municipality.  Any funds so deposited shall be segregated by

  3  said treasurer in a separate fund, clearly identified as funds

  4  and securities of the health insurance subsidy fund.  In lieu

  5  thereof, the board of trustees shall deposit the funds and

  6  securities of the health insurance subsidy fund in a qualified

  7  public depository as defined in s. 280.02, which shall conform

  8  to and be bound by the provisions of chapter 280 with regard

  9  to such funds.  In no case shall the funds of the health

10  insurance subsidy fund be deposited in any financial

11  institution, brokerage house trust company, or other entity

12  that is not a public depository as provided by s. 280.02.

13         (9)  SEPARATION FROM SERVICE; REFUNDS.--Any police

14  officer who terminates employment with a municipality having a

15  Municipal Retiree Health Insurance Subsidy Trust Fund system

16  or plan as provided under this section shall be entitled to a

17  refund of all employee contributions he or she made to that

18  trust fund, without interest, regardless of whether he or she

19  has vested for purposes of retirement.  Any police officer who

20  has vested for purposes of retirement in the service of the

21  municipality, and has contributed to the Municipal Police

22  Officers' Retiree Health Insurance Subsidy Trust Fund for so

23  long as he or she was eligible to make such contributions,

24  may, in his or her discretion, elect to leave his or her

25  accrued contributions in the fund, whereupon, such police

26  officer shall, upon retiring and commencing to draw retirement

27  benefits, receive a health insurance subsidy based upon his or

28  her aggregate number of years of service with the

29  municipality, as defined in s. 185.02.

30         (10)  ADMINISTRATION OF SYSTEM; ACTUARIAL VALUATIONS;

31  AUDITS; RULES; ADMINISTRATIVE COSTS.--The board of trustees of

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  1  the police officers' pension trust fund, or the plan trustees

  2  in the case of local law plans established under s. 185.35,

  3  shall be solely responsible for administering the health

  4  insurance subsidy trust fund.  Pursuant thereto:

  5         (a)  As part of its administrative duties, no less

  6  frequently than every 3 years, the board shall have an

  7  actuarial valuation of the municipal police officers' retiree

  8  health insurance subsidy trust fund prepared as provided in s.

  9  112.63 by an enrolled actuary, covering the same reporting

10  period or plan year used for the municipal police officers'

11  pension plan, and shall submit a report of the valuation,

12  including actuarial assumptions and type and basis of funding,

13  to the division.

14         (b)  By February 1 of each year, the trustees shall

15  file a report with the division, containing an independent

16  audit by a certified public accountant if the fund has

17  $250,000 $100,000 or more in assets, or a certified statement

18  of accounting if the fund has less than $250,000 $100,000 in

19  assets, for the most recent plan fiscal year of the

20  municipality, showing a detailed listing of assets and methods

21  used to value them and a statement of all income and

22  disbursements during the year.  Such income and disbursements

23  shall be reconciled with the assets at the beginning of and

24  end of the year.

25         (c)  The trustees may adopt such rules and regulations

26  as are necessary for the effective and efficient

27  administration of this section.

28         (d)  At the discretion of the plan sponsor, the cost of

29  administration may be appropriated from the trust fund or paid

30  directly by the plan sponsor.

31

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  1         (11)  BENEFITS.--Subsidy payments shall be payable

  2  under the municipal police officers' retiree health insurance

  3  subsidy program only to participants in the program or their

  4  beneficiaries.  Such subsidy payments shall not be subject to

  5  assignment, execution, or attachment or to any legal process

  6  whatsoever, and shall be in addition to any other benefits to

  7  which eligible recipients are entitled under any workers'

  8  compensation law, pension law, collective bargaining

  9  agreement, municipal or county ordinance, or any other state

10  or federal statute.

11         (12)  DISTRIBUTION OF PREMIUM TAXES; COMPLIANCE

12  REQUIRED.--Premium tax dollars for which spending authority is

13  granted under this section shall be distributed from the

14  Police and Firefighters' Premium Tax Trust Fund and remitted

15  annually to municipalities in the same manner as provided

16  under this chapter for police officers' pension funds. Once a

17  health insurance subsidy plan has been implemented by a

18  municipality under this section, in order for the municipality

19  to participate in the distribution of premium tax dollars

20  authorized under this section, all provisions of this section,

21  including state acceptance pursuant to part VII of chapter

22  112, shall be complied with, and said premium tax dollars may

23  be withheld for noncompliance.

24         Section 83.  This act shall take effect October 1 of

25  the year in which enacted.

26

27

28

29

30

31

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