HB 245

1	A bill to be entitled
2	An act relating to the Florida Retirement System; amending
3	s. 121.021, F.S.; redefining the term "compensation" to
4	include certain supplementary payments made to
5	firefighters, paramedics, and emergency medical
6	technicians and certain employer-reported retirement
7	contributions; providing legislative findings and a
8	declaration of important state interest; providing an
9	effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  Paragraph (a) of subsection (22) of section
14	121.021, Florida Statutes, is amended to read:
15	121.021  Definitions.--The following words and phrases as
16	used in this chapter have the respective meanings set forth
17	unless a different meaning is plainly required by the context:
18	(22)  "Compensation" means the monthly salary paid a member
19	by his or her employer for work performed arising from that
20	employment.
21	(a)  Compensation shall include:
22	1.  Overtime payments paid from a salary fund.
23	2.  Accumulated annual leave payments.
24	3.  Payments in addition to the employee's base rate of pay
25	if all the following apply:
26	a.  The payments are paid according to a formal written
27	policy that applies to all eligible employees equally;
28	b.  The policy provides that payments shall commence no
29	later than the 11th year of employment;
30	c.  The payments are paid for as long as the employee
31	continues his or her employment; and
32	d.  The payments are paid at least annually.
33	4.  Amounts withheld for tax sheltered annuities or
34	deferred compensation programs, or any other type of salary
35	reduction plan authorized under the Internal Revenue Code.
36	5.  Payments made in lieu of a permanent increase in the
37	base rate of pay, whether made annually or in 12 or 26 equal
38	payments within a 12-month period, when the member's base pay is
39	at the maximum of his or her pay range. When a portion of a
40	member's annual increase raises his or her pay range and the
41	excess is paid as a lump sum payment, such lump sum payment
42	shall be compensation for retirement purposes.
43	6.  Effective July 1, 2002, salary supplements made
44	pursuant to s. 1012.72 requiring a valid National Board for
45	Professional Standards certificate, notwithstanding the
46	provisions of subparagraph 3.
47	7.  Effective July 1, 2006, salary supplements made to
48	firefighters, paramedics, or emergency medical technicians for
49	the successful completion of employer-approved educational
50	training or for additional job-related duties and
51	responsibilities, notwithstanding the provisions of subparagraph
52	3. For all periods prior to July 1, 2006, employer-reported
53	retirement contributions on these supplemental payments shall be
54	compensation.
55	Section 2.  It is declared by the Legislature that
56	firefighters, emergency medical technicians, and paramedics
57	perform state and municipal functions; that it is their duty to
58	protect life and property at their own risk and peril; that it
59	is their duty to continuously instruct school personnel, public
60	officials, and private citizens about safety; and that their
61	activities are vital to the public safety. Therefore, the
62	Legislature declares that it is a proper and legitimate state
63	purpose to provide a uniform retirement system for the benefit
64	of firefighters, emergency medical technicians, and paramedics
65	and intends, in implementing the provisions of s. 14, Art. X of
66	the State Constitution as they relate to municipal and special
67	district pension trust fund systems and plans, that such
68	retirement systems or plans be managed, administered, operated,
69	and funded in such manner as to maximize the protection of
70	pension trust funds. Pursuant to s. 18, Art. VII of the State
71	Constitution, the Legislature determines and declares that the
72	provisions of this act fulfill an important state interest.
73	Section 3.  This act shall take effect July 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.