| 1 | A bill to be entitled |
| 2 | An act relating to firefighter and municipal police |
| 3 | pensions; amending s. 175.032, F.S.; revising the |
| 4 | definition of "firefighter"; amending s. 175.061, F.S.; |
| 5 | authorizing the terms of office for the board of trustees |
| 6 | of the firefighters' pension trust fund to be revised |
| 7 | under certain circumstances; authorizing the plan |
| 8 | administrator to withhold funds to pay for premiums for |
| 9 | accident, health, and long-term care insurance for the |
| 10 | retiree and the retiree's spouse and dependents; providing |
| 11 | an exemption from liability under certain circumstances; |
| 12 | amending s. 175.071, F.S.; requiring the board of trustees |
| 13 | to perform its powers subject to certain fiduciary |
| 14 | standards and ethics provisions; increasing the percentage |
| 15 | of assets of the firefighters' pension trust fund that the |
| 16 | board of trustees may invest in foreign securities; |
| 17 | authorizing certain individuals to sign drafts issued upon |
| 18 | the firefighters' pension trust fund; amending s. 185.05, |
| 19 | F.S.; authorizing the terms of office for the board of |
| 20 | trustees of the municipal police officers' retirement |
| 21 | trust fund to be revised under certain circumstances; |
| 22 | authorizing the plan administrator to withhold funds to |
| 23 | pay for premiums for accident, health, and long-term care |
| 24 | insurance for the retiree and the retiree's spouse and |
| 25 | dependents; providing an exemption from liability under |
| 26 | certain circumstances; amending s. 185.06, F.S.; requiring |
| 27 | the board of trustees to perform its powers subject to |
| 28 | certain fiduciary standards and ethics provisions; |
| 29 | increasing the percentage of assets of the municipal |
| 30 | police officers' retirement trust fund that the board of |
| 31 | trustees may invest in foreign securities; authorizing |
| 32 | certain individuals to sign drafts issued upon the |
| 33 | municipal police officers' retirement trust fund; |
| 34 | providing for severability; providing an effective date. |
| 35 |
|
| 36 | Be It Enacted by the Legislature of the State of Florida: |
| 37 |
|
| 38 | Section 1. Paragraph (a) of subsection (8) of section |
| 39 | 175.032, Florida Statutes, is amended to read: |
| 40 | 175.032 Definitions.--For any municipality, special fire |
| 41 | control district, chapter plan, local law municipality, local |
| 42 | law special fire control district, or local law plan under this |
| 43 | chapter, the following words and phrases have the following |
| 44 | meanings: |
| 45 | (8)(a) "Firefighter" means any person employed solely by a |
| 46 | constituted fire department of any municipality or special fire |
| 47 | control district who is certified as a firefighter as a |
| 48 | condition of employment in accordance with the provisions of s. |
| 49 | 633.35 and whose duty it is to extinguish fires, to protect |
| 50 | life, or to protect property. "Firefighter" includes all |
| 51 | certified supervisory and command personnel whose duties |
| 52 | include, in whole or in part, the supervision, training, |
| 53 | guidance, and management responsibilities of full-time |
| 54 | firefighters, part-time firefighters, or auxiliary firefighters |
| 55 | but does not include part-time firefighters or auxiliary |
| 56 | firefighters. However, for purposes of this chapter only, |
| 57 | "firefighter" also includes public safety officers who are |
| 58 | responsible for performing both police and fire services, who |
| 59 | are certified as police officers or firefighters, and who are |
| 60 | certified by their employers to the Chief Financial Officer as |
| 61 | participating in this chapter prior to October 1, 1979. |
| 62 | Effective October 1, 1979, public safety officers who have not |
| 63 | been certified as participating in this chapter shall be |
| 64 | considered police officers for retirement purposes and shall be |
| 65 | eligible to participate in chapter 185. Any plan may provide |
| 66 | that the fire chief shall have an option to participate, or not, |
| 67 | in that plan. |
| 68 | Section 2. Paragraph (a) of subsection (1) and subsection |
| 69 | (7) of section 175.061, Florida Statutes, are amended to read: |
| 70 | 175.061 Board of trustees; members; terms of office; |
| 71 | meetings; legal entity; costs; attorney's fees.--For any |
| 72 | municipality, special fire control district, chapter plan, local |
| 73 | law municipality, local law special fire control district, or |
| 74 | local law plan under this chapter: |
| 75 | (1) In each municipality and in each special fire control |
| 76 | district there is hereby created a board of trustees of the |
| 77 | firefighters' pension trust fund, which shall be solely |
| 78 | responsible for administering the trust fund. Effective October |
| 79 | 1, 1986, and thereafter: |
| 80 | (a) The membership of the board of trustees for a chapter |
| 81 | plan shall consist of five members, two of whom, unless |
| 82 | otherwise prohibited by law, shall be legal residents of the |
| 83 | municipality or special fire control district, who shall be |
| 84 | appointed by the governing body of the municipality or special |
| 85 | fire control district, and two of whom shall be full-time |
| 86 | firefighters as defined in s. 175.032 who shall be elected by a |
| 87 | majority of the active firefighters who are members of such |
| 88 | plan. With respect to any chapter plan or local law plan that, |
| 89 | on January 1, 1997, allowed retired firefighters to vote in such |
| 90 | elections, retirees may continue to vote in such elections. The |
| 91 | fifth member shall be chosen by a majority of the previous four |
| 92 | members as provided for herein, and such person's name shall be |
| 93 | submitted to the governing body of the municipality or special |
| 94 | fire control district. Upon receipt of the fifth person's name, |
| 95 | the governing body of the municipality or special fire control |
| 96 | district shall, as a ministerial duty, appoint such person to |
| 97 | the board of trustees as its fifth member. The fifth member |
| 98 | shall have the same rights as each of the other four members |
| 99 | appointed or elected as herein provided, shall serve as trustee |
| 100 | for a period of 2 years, and may succeed himself or herself in |
| 101 | office. Each resident member shall serve as trustee for a period |
| 102 | of 2 years, unless sooner replaced by the governing body at |
| 103 | whose pleasure he or she shall serve, and may succeed himself or |
| 104 | herself as a trustee. Each firefighter member shall serve as |
| 105 | trustee for a period of 2 years, unless he or she sooner leaves |
| 106 | the employment of the municipality or special fire control |
| 107 | district as a firefighter, whereupon a successor shall be chosen |
| 108 | in the same manner as an original appointment. Each firefighter |
| 109 | may succeed himself or herself in office. The terms of office of |
| 110 | the appointed and elected members of the board may be amended by |
| 111 | municipal ordinance, special act of the Legislature, or |
| 112 | resolution adopted by the governing body of the special fire |
| 113 | control district to extend the terms of office from 2 years to 4 |
| 114 | years. The length of the terms of office shall be the same for |
| 115 | all board members. |
| 116 | (7) The board of trustees may, upon written request by the |
| 117 | retiree of the plan, or by a dependent, when authorized by the |
| 118 | retiree or the retiree's beneficiary, authorize the plan |
| 119 | administrator to withhold from the monthly retirement payment |
| 120 | those funds that are necessary to pay for the benefits being |
| 121 | received through the governmental entity from which the employee |
| 122 | retired, to pay the certified bargaining agent of the |
| 123 | governmental entity, and to make any payments for child support |
| 124 | or alimony. Further, the board of trustees may, upon written |
| 125 | request of the retiree of the plan, authorize the plan |
| 126 | administrator to withhold from the retirement payment those |
| 127 | funds that are necessary to pay for premiums for accident, |
| 128 | health, and long-term care insurance for the retiree and the |
| 129 | retiree's spouse and dependents. A retirement plan does not |
| 130 | incur any liability for participation in this permissive program |
| 131 | if its actions are taken in good faith. |
| 132 | Section 3. Subsection (1) of section 175.071, Florida |
| 133 | Statutes, is amended to read: |
| 134 | 175.071 General powers and duties of board of |
| 135 | trustees.--For any municipality, special fire control district, |
| 136 | chapter plan, local law municipality, local law special fire |
| 137 | control district, or local law plan under this chapter: |
| 138 | (1) The board of trustees, subject to the fiduciary |
| 139 | standards in ss. 112.656, 112.661, and 518.11 and the Code of |
| 140 | Ethics in ss. 112.311-112.3187, may: |
| 141 | (a) Invest and reinvest the assets of the firefighters' |
| 142 | pension trust fund in annuity and life insurance contracts of |
| 143 | life insurance companies in amounts sufficient to provide, in |
| 144 | whole or in part, the benefits to which all of the participants |
| 145 | in the firefighters' pension trust fund shall be entitled under |
| 146 | the provisions of this chapter and pay the initial and |
| 147 | subsequent premiums thereon. |
| 148 | (b) Invest and reinvest the assets of the firefighters' |
| 149 | pension trust fund in: |
| 150 | 1. Time or savings accounts of a national bank, a state |
| 151 | bank insured by the Bank Insurance Fund, or a savings, building, |
| 152 | and loan association insured by the Savings Association |
| 153 | Insurance Fund which is administered by the Federal Deposit |
| 154 | Insurance Corporation or a state or federal chartered credit |
| 155 | union whose share accounts are insured by the National Credit |
| 156 | Union Share Insurance Fund. |
| 157 | 2. Obligations of the United States or obligations |
| 158 | guaranteed as to principal and interest by the government of the |
| 159 | United States. |
| 160 | 3. Bonds issued by the State of Israel. |
| 161 | 4. Bonds, stocks, or other evidences of indebtedness |
| 162 | issued or guaranteed by a corporation organized under the laws |
| 163 | of the United States, any state or organized territory of the |
| 164 | United States, or the District of Columbia, provided: |
| 165 | a. The corporation is listed on any one or more of the |
| 166 | recognized national stock exchanges or on the National Market |
| 167 | System of the NASDAQ Stock Market and, in the case of bonds |
| 168 | only, holds a rating in one of the three highest classifications |
| 169 | by a major rating service; and |
| 170 | b. The board of trustees shall not invest more than 5 |
| 171 | percent of its assets in the common stock or capital stock of |
| 172 | any one issuing company, nor shall the aggregate investment in |
| 173 | any one issuing company exceed 5 percent of the outstanding |
| 174 | capital stock of that company or the aggregate of its |
| 175 | investments under this subparagraph at cost exceed 50 percent of |
| 176 | the assets of the fund. |
| 177 |
|
| 178 | This paragraph shall apply to all boards of trustees and |
| 179 | participants. However, in the event that a municipality or |
| 180 | special fire control district has a duly enacted pension plan |
| 181 | pursuant to, and in compliance with, s. 175.351, and the |
| 182 | trustees thereof desire to vary the investment procedures |
| 183 | herein, the trustees of such plan shall request a variance of |
| 184 | the investment procedures as outlined herein only through a |
| 185 | municipal ordinance, special act of the Legislature, or |
| 186 | resolution by the governing body of the special fire control |
| 187 | district; where a special act, or a municipality by ordinance |
| 188 | adopted prior to July 1, 1998, permits a greater than 50-percent |
| 189 | equity investment, such municipality shall not be required to |
| 190 | comply with the aggregate equity investment provisions of this |
| 191 | paragraph. Notwithstanding any other provision of law to the |
| 192 | contrary, nothing in this section may be construed to take away |
| 193 | any preexisting legal authority to make equity investments that |
| 194 | exceed the requirements of this paragraph. The board of trustees |
| 195 | may invest up to 20 10 percent of plan assets in foreign |
| 196 | securities. |
| 197 | (c) Issue drafts upon the firefighters' pension trust fund |
| 198 | pursuant to this act and rules and regulations prescribed by the |
| 199 | board of trustees. All such drafts shall be consecutively |
| 200 | numbered, be signed by the chair and secretary or two |
| 201 | individuals designated by the board who are subject to the same |
| 202 | fiduciary standards as required for the board of trustees under |
| 203 | this subsection, and state upon their faces the purpose for |
| 204 | which the drafts are drawn. The treasurer or depository of each |
| 205 | municipality or special fire control district shall retain such |
| 206 | drafts when paid, as permanent vouchers for disbursements made, |
| 207 | and no money shall be otherwise drawn from the fund. |
| 208 | (d) Convert into cash any securities of the fund. |
| 209 | (e) Keep a complete record of all receipts and |
| 210 | disbursements and of the board's acts and proceedings. |
| 211 | Section 4. Paragraph (a) of subsection (1) and subsection |
| 212 | (6) of section 185.05, Florida Statutes, are amended to read: |
| 213 | 185.05 Board of trustees; members; terms of office; |
| 214 | meetings; legal entity; costs; attorney's fees.--For any |
| 215 | municipality, chapter plan, local law municipality, or local law |
| 216 | plan under this chapter: |
| 217 | (1) In each municipality described in s. 185.03 there is |
| 218 | hereby created a board of trustees of the municipal police |
| 219 | officers' retirement trust fund, which shall be solely |
| 220 | responsible for administering the trust fund. Effective October |
| 221 | 1, 1986, and thereafter: |
| 222 | (a) The membership of the board of trustees for chapter |
| 223 | plans shall consist of five members, two of whom, unless |
| 224 | otherwise prohibited by law, shall be legal residents of the |
| 225 | municipality, who shall be appointed by the legislative body of |
| 226 | the municipality, and two of whom shall be police officers as |
| 227 | defined in s. 185.02 who shall be elected by a majority of the |
| 228 | active police officers who are members of such plan. With |
| 229 | respect to any chapter plan or local law plan that, on January |
| 230 | 1, 1997, allowed retired police officers to vote in such |
| 231 | elections, retirees may continue to vote in such elections. The |
| 232 | fifth member shall be chosen by a majority of the previous four |
| 233 | members, and such person's name shall be submitted to the |
| 234 | legislative body of the municipality. Upon receipt of the fifth |
| 235 | person's name, the legislative body of the municipality shall, |
| 236 | as a ministerial duty, appoint such person to the board of |
| 237 | trustees as its fifth member. The fifth member shall have the |
| 238 | same rights as each of the other four members appointed or |
| 239 | elected as herein provided, shall serve as trustee for a period |
| 240 | of 2 years, and may succeed himself or herself in office. Each |
| 241 | resident member shall serve as trustee for a period of 2 years, |
| 242 | unless sooner replaced by the legislative body at whose pleasure |
| 243 | the member shall serve, and may succeed himself or herself as a |
| 244 | trustee. Each police officer member shall serve as trustee for a |
| 245 | period of 2 years, unless he or she sooner leaves the employment |
| 246 | of the municipality as a police officer, whereupon the |
| 247 | legislative body of the municipality shall choose a successor in |
| 248 | the same manner as an original appointment. Each police officer |
| 249 | may succeed himself or herself in office. The terms of office of |
| 250 | the appointed and elected members of the board may be amended by |
| 251 | municipal ordinance or special act of the Legislature to extend |
| 252 | the terms of office from 2 years to 4 years. The length of the |
| 253 | terms of office shall be the same for all board members. |
| 254 | (6) The board of trustees may, upon written request by the |
| 255 | retiree of the plan, or by a dependent, when authorized by the |
| 256 | retiree or the retiree's beneficiary, authorize the plan |
| 257 | administrator to withhold from the monthly retirement payment |
| 258 | those funds that are necessary to pay for the benefits being |
| 259 | received through the governmental entity from which the employee |
| 260 | retired, to pay the certified bargaining agent of the |
| 261 | governmental entity, and to make any payments for child support |
| 262 | or alimony. Further, the board of trustees may, upon written |
| 263 | request of the retiree of the plan, authorize the plan |
| 264 | administrator to withhold from the retirement payment those |
| 265 | funds that are necessary to pay for premiums for accident, |
| 266 | health, and long-term care insurance for the retiree and the |
| 267 | retiree's spouse and dependents. A retirement plan does not |
| 268 | incur any liability for participation in this permissive program |
| 269 | if its actions are taken in good faith. |
| 270 | Section 5. Subsection (1) of section 185.06, Florida |
| 271 | Statutes, is amended to read: |
| 272 | 185.06 General powers and duties of board of |
| 273 | trustees.--For any municipality, chapter plan, local law |
| 274 | municipality, or local law plan under this chapter: |
| 275 | (1) The board of trustees, subject to the fiduciary |
| 276 | standards in ss. 112.656, 112.661, and 518.11 and the Code of |
| 277 | Ethics in ss. 112.311-112.3187, may: |
| 278 | (a) Invest and reinvest the assets of the retirement trust |
| 279 | fund in annuity and life insurance contracts of life insurance |
| 280 | companies in amounts sufficient to provide, in whole or in part, |
| 281 | the benefits to which all of the participants in the municipal |
| 282 | police officers' retirement trust fund shall be entitled under |
| 283 | the provisions of this chapter, and pay the initial and |
| 284 | subsequent premiums thereon. |
| 285 | (b) Invest and reinvest the assets of the retirement trust |
| 286 | fund in: |
| 287 | 1. Time or savings accounts of a national bank, a state |
| 288 | bank insured by the Bank Insurance Fund, or a savings and loan |
| 289 | association insured by the Savings Association Insurance Fund |
| 290 | which is administered by the Federal Deposit Insurance |
| 291 | Corporation or a state or federal chartered credit union whose |
| 292 | share accounts are insured by the National Credit Union Share |
| 293 | Insurance Fund. |
| 294 | 2. Obligations of the United States or obligations |
| 295 | guaranteed as to principal and interest by the United States. |
| 296 | 3. Bonds issued by the State of Israel. |
| 297 | 4. Bonds, stocks, or other evidences of indebtedness |
| 298 | issued or guaranteed by a corporation organized under the laws |
| 299 | of the United States, any state or organized territory of the |
| 300 | United States, or the District of Columbia, provided: |
| 301 | a. The corporation is listed on any one or more of the |
| 302 | recognized national stock exchanges or on the National Market |
| 303 | System of the NASDAQ Stock Market and, in the case of bonds |
| 304 | only, holds a rating in one of the three highest classifications |
| 305 | by a major rating service; and |
| 306 | b. The board of trustees shall not invest more than 5 |
| 307 | percent of its assets in the common stock or capital stock of |
| 308 | any one issuing company, nor shall the aggregate investment in |
| 309 | any one issuing company exceed 5 percent of the outstanding |
| 310 | capital stock of the company or the aggregate of its investments |
| 311 | under this subparagraph at cost exceed 50 percent of the fund's |
| 312 | assets. |
| 313 |
|
| 314 | This paragraph shall apply to all boards of trustees and |
| 315 | participants. However, in the event that a municipality has a |
| 316 | duly enacted pension plan pursuant to, and in compliance with, |
| 317 | s. 185.35 and the trustees thereof desire to vary the investment |
| 318 | procedures herein, the trustees of such plan shall request a |
| 319 | variance of the investment procedures as outlined herein only |
| 320 | through a municipal ordinance or special act of the Legislature; |
| 321 | where a special act, or a municipality by ordinance adopted |
| 322 | prior to July 1, 1998, permits a greater than 50-percent equity |
| 323 | investment, such municipality shall not be required to comply |
| 324 | with the aggregate equity investment provisions of this |
| 325 | paragraph. Notwithstanding any other provision of law to the |
| 326 | contrary, nothing in this section may be construed to take away |
| 327 | any preexisting legal authority to make equity investments that |
| 328 | exceed the requirements of this paragraph. The board of trustees |
| 329 | may invest up to 20 10 percent of plan assets in foreign |
| 330 | securities. |
| 331 | (c) Issue drafts upon the municipal police officers' |
| 332 | retirement trust fund pursuant to this act and rules and |
| 333 | regulations prescribed by the board of trustees. All such drafts |
| 334 | shall be consecutively numbered, be signed by the chair and |
| 335 | secretary or two individuals designated by the board who are |
| 336 | subject to the same fiduciary standards as required for the |
| 337 | board of trustees under this subsection, and state upon their |
| 338 | faces the purposes for which the drafts are drawn. The city |
| 339 | treasurer or other depository shall retain such drafts when |
| 340 | paid, as permanent vouchers for disbursements made, and no money |
| 341 | shall otherwise be drawn from the fund. |
| 342 | (d) Finally decide all claims to relief under the board's |
| 343 | rules and regulations and pursuant to the provisions of this |
| 344 | act. |
| 345 | (e) Convert into cash any securities of the fund. |
| 346 | (f) Keep a complete record of all receipts and |
| 347 | disbursements and of the board's acts and proceedings. |
| 348 | Section 6. If any provision of this act or its application |
| 349 | to any person or circumstance is held invalid, the invalidity |
| 350 | does not affect other provisions or applications of the act |
| 351 | which can be given effect without the invalid provision or |
| 352 | application, and to this end the provisions of this act are |
| 353 | severable. |
| 354 | Section 7. This act shall take effect upon becoming a law. |