CS/HB 531

1
A bill to be entitled
2An act relating to the Florida Retirement System; amending
3s. 121.0515, F.S.; revising the criteria under which
4certain employees of the Department of Law Enforcement,
5the Division of State Fire Marshal, or a local government
6law enforcement agency or medical examiner's office are
7eligible for membership in the Special Risk Class;
8authorizing the Department of Management Services to
9review the special risk designation of certain members;
10authorizing certain members to purchase additional
11retirement credit to upgrade prior service to Special Risk
12Class service; providing for the calculation of
13contributions for such service upgrade; authorizing the
14employer to purchase such additional credit for certain
15members; providing a declaration of important state
16interest; providing an effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Paragraph (h) of subsection (2) and subsection
21(4) of section 121.0515, Florida Statutes, are amended,
22paragraphs (i) and (j) are added to subsection (2) of that
23section, and paragraph (c) is added to subsection (9) of that
24section, to read:
25     121.0515  Special risk membership.--
26     (2)  CRITERIA.--A member, to be designated as a special
27risk member, must meet the following criteria:
28     (h)  Effective October 1, 2005, through June 30, 2008, the
29member must be employed by a law enforcement agency or medical
30examiner's office in a forensic discipline recognized by the
31International Association for Identification and must qualify
32for active membership in the International Association for
33Identification. The member's primary duties and responsibilities
34must include the collection, examination, preservation,
35documentation, preparation, or analysis of physical evidence or
36testimony, or both, or the member must be the direct supervisor,
37quality management supervisor, or command officer of one or more
38individuals with such responsibility. Administrative support
39personnel, including, but not limited to, those whose primary
40responsibilities are clerical or in accounting, purchasing,
41legal, and personnel, shall not be included.
42     (i)  Effective July 1, 2008, the member must be employed by
43the Department of Law Enforcement in the crime laboratory or by
44the Division of State Fire Marshal in the forensic laboratory in
45one of the following classes:
46     1.  Forensic technologist (class code 8459);
47     2.  Crime laboratory technician (class code 8461);
48     3.  Crime laboratory analyst (class code 8463);
49     4.  Senior crime laboratory analyst (class code 8464);
50     5.  Crime laboratory analyst supervisor (class code 8466);
51     6.  Forensic chief (class code 9602); or
52     7.  Forensic services quality manager (class code 9603).
53     (j)  Effective July 1, 2008, the member must be employed by
54a local government law enforcement agency or medical examiner's
55office and must spend at least 65 percent of his or her time
56performing duties that involve the collection, examination,
57preservation, documentation, preparation, or analysis of human
58tissues or fluids or physical evidence having potential
59biological, chemical, or radiological hazard or contamination,
60or use chemicals, processes, or materials that may have
61carcinogenic or health-damaging properties in the analysis of
62such evidence, or the member must be the direct supervisor of
63one or more individuals having such responsibility. If a special
64risk member changes to another position within the same agency,
65he or she must submit a complete application as provided in
66paragraph (3)(a).
67     (4)  REMOVAL OF SPECIAL RISK MEMBERSHIP.--
68     (a)  Any member who is a special risk member on October 1,
691978, and who fails to meet the criteria for special risk
70membership established by this section shall have his or her
71special risk designation removed and thereafter shall be a
72regular member and shall earn only regular membership credit.
73The department shall have the authority to review the special
74risk designation of members to determine whether or not those
75members continue to meet the criteria for special risk
76membership.
77     (b)  Any member who is a special risk member on July 1,
782008, and who became eligible to participate under paragraph
79(2)(h) but fails to meet the criteria for special risk
80membership established by paragraph (2)(i) or paragraph (2)(j)
81shall have his or her special risk designation removed and
82thereafter shall be a Regular Class member and earn only Regular
83Class membership credit. The department may review the special
84risk designation of members to determine whether or not those
85members continue to meet the criteria for special risk
86membership.
87     (9)  CREDIT FOR UPGRADED SERVICE.--
88     (c)  Any member of the Special Risk Class who has earned
89creditable service in another membership class of the Florida
90Retirement System in a position with the Department of Law
91Enforcement or the Division of State Fire Marshal and became
92covered by the Special Risk Class as described in paragraph
93(2)(i), or with a local government law enforcement agency or
94medical examiner's office and became covered by the Special Risk
95Class as described in paragraph (2)(j), which service is within
96the purview of the Special Risk Class, and is employed in such
97position on or after July 1, 2008, may purchase additional
98retirement credit to upgrade such service to Special Risk Class
99service, to the extent of the percentages of the member's
100average final compensation provided in s. 121.091(1)(a)2. The
101cost for such credit shall be an amount representing the
102actuarial accrued liability for the difference in accrual value
103during the affected period of service. The cost shall be
104calculated using the discount rate and other relevant actuarial
105assumptions that were used to value the Florida Retirement
106System defined benefit plan liabilities in the most recent
107actuarial valuation. The division shall ensure that the transfer
108sum is prepared using a formula and methodology certified by an
109enrolled actuary. The cost must be paid immediately upon
110notification by the division. The local government employer may
111purchase the upgraded service credit on behalf of the member if
112the member has been employed by that employer for at least 3
113years.
114     Section 2.  The Legislature finds that a proper and
115legitimate state purpose is served when employees and retirees
116of the state and its political subdivisions, and the dependents,
117survivors, and beneficiaries of such employees and retirees, are
118extended additional protections afforded by governmental
119retirement systems. These persons must be provided benefits that
120are fair and adequate and that are managed, administered, and
121funded in a sound actuarial manner, as required by Section 14,
122Article X of the State Constitution and part VII of chapter 112,
123Florida Statutes. Therefore, the Legislature determines and
124declares that this act fulfills an important state interest.
125     Section 3.  This act shall take effect July 1, 2008.


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