HB 677

1
A bill to be entitled
2An act relating to retirement; amending s. 121.021, F.S.;
3redefining the term "compensation" to include certain
4supplementary payments made to firefighters, paramedics,
5and emergency medical technicians and certain employer-
6reported retirement contributions; redefining the term
7"average final compensation" with respect to members of
8the Special Risk Class of the Florida Retirement System;
9providing for contribution rate increases to fund the
10modification in average final compensation; amending s.
11121.0515, F.S.; authorizing certain employees to purchase
12additional retirement credit for past service at a 3-
13percent Special Risk Class accrual value; providing for
14contribution rate increases to fund the benefits provided
15in s. 121.0515, F.S., as amended; amending s. 121.091,
16F.S.; revising provisions relating to benefits payable for
17total and permanent disability for certain Special Risk
18Class members who are injured in the line of duty;
19authorizing reemployment of a person who retired with in-
20line-of-duty disability benefits by employers not
21participating in a state-administered retirement system;
22authorizing reemployment of a person who retired with in-
23line-of-duty disability benefits by an employer
24participating in a state-administered retirement system
25after 1 calendar month; providing for contribution rate
26increases to fund the benefits provided in s. 121.091,
27F.S., as amended; directing the Division of Statutory
28Revision to adjust the uniform contribution rates set
29forth in s. 121.71, F.S., to conform to the changes made
30by the act; requiring the Division of Retirement to
31request a letter ruling from the Internal Revenue Service;
32providing for certain contingent effect; providing
33legislative findings and a declaration of important state
34interest; providing effective dates.
35
36Be It Enacted by the Legislature of the State of Florida:
37
38     Section 1.  Paragraph (a) of subsection (22) and subsection
39(24) of section 121.021, Florida Statutes, are amended to read:
40     121.021  Definitions.--The following words and phrases as
41used in this chapter have the respective meanings set forth
42unless a different meaning is plainly required by the context:
43     (22)  "Compensation" means the monthly salary paid a member
44by his or her employer for work performed arising from that
45employment.
46     (a)  Compensation shall include:
47     1.  Overtime payments paid from a salary fund.
48     2.  Accumulated annual leave payments.
49     3.  Payments in addition to the employee's base rate of pay
50if all the following apply:
51     a.  The payments are paid according to a formal written
52policy that applies to all eligible employees equally;
53     b.  The policy provides that payments shall commence no
54later than the 11th year of employment;
55     c.  The payments are paid for as long as the employee
56continues his or her employment; and
57     d.  The payments are paid at least annually.
58     4.  Amounts withheld for tax sheltered annuities or
59deferred compensation programs, or any other type of salary
60reduction plan authorized under the Internal Revenue Code.
61     5.  Payments made in lieu of a permanent increase in the
62base rate of pay, whether made annually or in 12 or 26 equal
63payments within a 12-month period, when the member's base pay is
64at the maximum of his or her pay range. When a portion of a
65member's annual increase raises his or her pay range and the
66excess is paid as a lump sum payment, such lump sum payment
67shall be compensation for retirement purposes.
68     6.  Effective July 1, 2002, salary supplements made
69pursuant to s. 1012.72 requiring a valid National Board for
70Professional Standards certificate, notwithstanding the
71provisions of subparagraph 3.
72     7.  Effective July 1, 2008, salary supplements made to
73firefighters, paramedics, or emergency medical technicians for
74the successful completion of employer-approved educational
75training or for additional job-related duties and
76responsibilities, notwithstanding the provisions of subparagraph
773.
78     (24)  "Average final compensation" means the average of the
795 highest fiscal years of compensation for creditable service
80prior to retirement, termination, or death; however, "average
81final compensation" applicable to a member of the Special Risk
82Class means the average of the 3 highest fiscal years of
83compensation for creditable service prior to retirement,
84termination, or death. For in-line-of-duty disability benefits,
85if less than the number of years of creditable service specified
86for calculating average final compensation has 5 years of
87creditable service have been completed, the term "average final
88compensation" means the average annual compensation of the total
89number of years of creditable service. Each year used in the
90calculation of average final compensation shall commence on July
911.
92     (a)  The average final compensation shall include:
93     1.  Accumulated annual leave payments, not to exceed 500
94hours; and
95     2.  All payments defined as compensation in subsection
96(22).
97     (b)  The average final compensation shall not include:
98     1.  Compensation paid to professional persons for special
99or particular services;
100     2.  Payments for accumulated sick leave made due to
101retirement or termination;
102     3.  Payments for accumulated annual leave in excess of 500
103hours;
104     4.  Bonuses as defined in subsection (47);
105     5.  Third party payments made on and after July 1, 1990; or
106     6.  Fringe benefits (for example, automobile allowances or
107housing allowances).
108     Section 2.  Effective July 1, 2008, for the purpose of
109funding the 3-year average final compensation benefit change
110made by section 1 of this act:
111     (1)  The contribution rate that applies to the Special Risk
112Class of the Florida Retirement System shall be increased by
1132.36 percentage points.
114     (2)  The contribution rate that applies to the Special Risk
115Administrative Support Class of the Florida Retirement System
116shall be increased by 2.54 percentage points.
117     (3)  The contribution rate that applies to the legislative-
118attorney-Cabinet subclass of the Elected Officers' Class of the
119Florida Retirement System shall be increased by 0.01 percentage
120points.
121     (4)  The contribution rate that applies to the Senior
122Management Service Class of the Florida Retirement System shall
123be increased by 0.01 percentage points.
124
125These increases shall be in addition to all other changes to
126contribution rates which may be enacted into law to take effect
127on that date. The Division of Statutory Revision is directed to
128adjust accordingly the contribution rates set forth in s.
129121.71, Florida Statutes.
130     Section 3.  Subsection (5) of section 121.0515, Florida
131Statutes, is amended to read:
132     121.0515  Special risk membership.--
133     (5)  CREDIT FOR PAST SERVICE.--A special risk member may
134purchase retirement credit in the Special Risk Class based upon
135past service, and may upgrade retirement credit for such past
136service, to the extent of 3 2 percent of the member's average
137monthly compensation as specified in s. 121.091(1)(a) for such
138service as follows:
139     (a)  The member may purchase special risk credit for past
140service with a city or special district which has elected to
141join the Florida Retirement System, or with a participating
142agency to which a member's governmental unit was transferred,
143merged, or consolidated as provided in s. 121.081(1)(f), if the
144member was employed with the city or special district at the
145time it commenced participating in the Florida Retirement System
146or with the governmental unit at the time of its transfer,
147merger, or consolidation with the participating agency. The
148service must satisfy the criteria set forth in subsection (2)
149for special risk membership as a law enforcement officer, a
150firefighter, a or correctional officer, an emergency medical
151technician, or a paramedic whose employer was a licensed Advance
152Life Support (ALS) or Basic Life Support (BLS) provider;
153however, no certificate or waiver of certificate of compliance
154with s. 943.1395 or s. 633.35 shall be required for such
155service.
156     (b)  Contributions for upgrading the additional special
157risk credit pursuant to this subsection shall be equal to the
158difference in the contributions paid and the special risk
159percentage rate of gross salary in effect at the time of
160purchase for the period being claimed, plus interest thereon at
161the rate of 4 percent a year compounded annually from the date
162of such service until July 1, 1975, and 6.5 percent a year
163thereafter until the date of payment. This past service may be
164purchased by the member or by the employer on behalf of the
165member.
166     Section 4.  Effective July 1, 2008, in order to fund the
167benefit improvements provided in s. 121.0515, Florida Statutes,
168as amended by section 3 of this act, the contribution rate that
169applies to the Special Risk Class of the defined benefit program
170of the Florida Retirement System shall be increased by 0.07
171percentage points. This increase shall be in addition to all
172other changes to such contribution rates that may be enacted
173into law to take effect on that date. The Division of Statutory
174Revision is directed to adjust accordingly the contribution
175rates set forth in s. 121.71, Florida Statutes.
176     Section 5.  Paragraph (b) of subsection (4) and subsection
177(9) of section 121.091, Florida Statutes, are amended to read:
178     121.091  Benefits payable under the system.--Benefits may
179not be paid under this section unless the member has terminated
180employment as provided in s. 121.021(39)(a) or begun
181participation in the Deferred Retirement Option Program as
182provided in subsection (13), and a proper application has been
183filed in the manner prescribed by the department. The department
184may cancel an application for retirement benefits when the
185member or beneficiary fails to timely provide the information
186and documents required by this chapter and the department's
187rules. The department shall adopt rules establishing procedures
188for application for retirement benefits and for the cancellation
189of such application when the required information or documents
190are not received.
191     (4)  DISABILITY RETIREMENT BENEFIT.--
192     (b)  Total and permanent disability.--
193     1.  Except as provided in subparagraph 2., a member shall
194be considered totally and permanently disabled if, in the
195opinion of the administrator, he or she is prevented, by reason
196of a medically determinable physical or mental impairment, from
197rendering useful and efficient service as an officer or
198employee.
199     2.  A member of the Special Risk Class who is a law
200enforcement officer, firefighter, correctional officer,
201emergency medical technician, or paramedic as described in s.
202121.021(15)(c) or a community-based correctional probation
203officer as described in s. 121.021(15)(d)1. shall be considered
204totally and permanently disabled in the line of duty if he or
205she is prevented, by reason of a medically determinable physical
206or mental impairment caused by a job-related injury, from
207performing useful and efficient service in the position held,
208unless the administrator can provide competent medical evidence
209to the contrary.
210     (9)  EMPLOYMENT AFTER RETIREMENT; LIMITATION.--
211     (a)1.  Except as provided in subparagraph 2., any person
212who is retired under this chapter, except under the disability
213retirement provisions of subsection (4), may be employed by an
214employer that does not participate in a state-administered
215retirement system and may receive compensation from that
216employment without limiting or restricting in any way the
217retirement benefits payable to that person.
218     2.  Any member of the Special Risk Class who retired under
219the disability retirement provisions of subparagraph (4)(b)2.
220may be reemployed by any employer not participating in a state-
221administered retirement system in any position other than the
222position in which he or she was employed at the time of the
223disabling illness or injury and may receive compensation from
224that employment without limiting or restricting in any way the
225disability benefits payable to that person under the Florida
226Retirement System.
227     (b)1.a.  Except as provided in sub-subparagraph b., any
228person who is retired under this chapter, except under the
229disability retirement provisions of subsection (4), may be
230reemployed by any private or public employer after retirement
231and receive retirement benefits and compensation from his or her
232employer without any limitations, except that a person may not
233receive both a salary from reemployment with any agency
234participating in the Florida Retirement System and retirement
235benefits under this chapter for a period of 12 months
236immediately subsequent to the date of retirement. However, a
237DROP participant shall continue employment and receive a salary
238during the period of participation in the Deferred Retirement
239Option Program, as provided in subsection (13).
240     b.  Any member of the Special Risk Class who retired under
241the disability retirement provisions of subparagraph (4)(b)2.
242may be reemployed by any employer participating in a state-
243administered retirement system after having been retired for 1
244calendar month, in accordance with s. 121.021(39). After 1
245calendar month of retirement, any such retired member may be
246reemployed in any position other than the one in which he or she
247was employed at the time of disability retirement, may be
248reemployed in any position other than a position that is
249included in the Special Risk Class, and may receive compensation
250from that employment without limiting or restricting in any way
251the retirement benefits payable to that person under this
252chapter. Any retired member who is reemployed within 1 calendar
253month after retirement shall void his or her application for
254retirement benefits. Any retired member who is reemployed in a
255Special Risk Class position must terminate his or her disability
256retirement benefit effective the first day of the first month of
257reemployment in that position.
258     2.  Any person to whom the limitation in subparagraph 1.
259applies who violates such reemployment limitation and who is
260reemployed with any agency participating in the Florida
261Retirement System before completion of the 12-month limitation
262period shall give timely notice of this fact in writing to the
263employer and to the division and shall have his or her
264retirement benefits suspended for the balance of the 12-month
265limitation period. Any person employed in violation of this
266paragraph and any employing agency which knowingly employs or
267appoints such person without notifying the Division of
268Retirement to suspend retirement benefits shall be jointly and
269severally liable for reimbursement to the retirement trust fund
270of any benefits paid during the reemployment limitation period.
271To avoid liability, such employing agency shall have a written
272statement from the retiree that he or she is not retired from a
273state-administered retirement system. Any retirement benefits
274received while reemployed during this reemployment limitation
275period shall be repaid to the retirement trust fund, and
276retirement benefits shall remain suspended until such repayment
277has been made. Benefits suspended beyond the reemployment
278limitation shall apply toward repayment of benefits received in
279violation of the reemployment limitation.
280     3.  A district school board may reemploy a retired member
281as a substitute or hourly teacher, education paraprofessional,
282transportation assistant, bus driver, or food service worker on
283a noncontractual basis after he or she has been retired for 1
284calendar month, in accordance with s. 121.021(39). A district
285school board may reemploy a retired member as instructional
286personnel, as defined in s. 1012.01(2)(a), on an annual
287contractual basis after he or she has been retired for 1
288calendar month, in accordance with s. 121.021(39). Any other
289retired member who is reemployed within 1 calendar month after
290retirement shall void his or her application for retirement
291benefits. District school boards reemploying such teachers,
292education paraprofessionals, transportation assistants, bus
293drivers, or food service workers are subject to the retirement
294contribution required by subparagraph 7.
295     4.  A community college board of trustees may reemploy a
296retired member as an adjunct instructor, that is, an instructor
297who is noncontractual and part-time, or as a participant in a
298phased retirement program within the Florida Community College
299System, after he or she has been retired for 1 calendar month,
300in accordance with s. 121.021(39). Any retired member who is
301reemployed within 1 calendar month after retirement shall void
302his or her application for retirement benefits. Boards of
303trustees reemploying such instructors are subject to the
304retirement contribution required in subparagraph 7. A retired
305member may be reemployed as an adjunct instructor for no more
306than 780 hours during the first 12 months of retirement. Any
307retired member reemployed for more than 780 hours during the
308first 12 months of retirement shall give timely notice in
309writing to the employer and to the division of the date he or
310she will exceed the limitation. The division shall suspend his
311or her retirement benefits for the remainder of the first 12
312months of retirement. Any person employed in violation of this
313subparagraph and any employing agency which knowingly employs or
314appoints such person without notifying the Division of
315Retirement to suspend retirement benefits shall be jointly and
316severally liable for reimbursement to the retirement trust fund
317of any benefits paid during the reemployment limitation period.
318To avoid liability, such employing agency shall have a written
319statement from the retiree that he or she is not retired from a
320state-administered retirement system. Any retirement benefits
321received by a retired member while reemployed in excess of 780
322hours during the first 12 months of retirement shall be repaid
323to the Retirement System Trust Fund, and retirement benefits
324shall remain suspended until repayment is made. Benefits
325suspended beyond the end of the retired member's first 12 months
326of retirement shall apply toward repayment of benefits received
327in violation of the 780-hour reemployment limitation.
328     5.  The State University System may reemploy a retired
329member as an adjunct faculty member or as a participant in a
330phased retirement program within the State University System
331after the retired member has been retired for 1 calendar month,
332in accordance with s. 121.021(39). Any retired member who is
333reemployed within 1 calendar month after retirement shall void
334his or her application for retirement benefits. The State
335University System is subject to the retirement retired
336contribution required in subparagraph 7., as appropriate. A
337retired member may be reemployed as an adjunct faculty member or
338a participant in a phased retirement program for no more than
339780 hours during the first 12 months of his or her retirement.
340Any retired member reemployed for more than 780 hours during the
341first 12 months of retirement shall give timely notice in
342writing to the employer and to the division of the date he or
343she will exceed the limitation. The division shall suspend his
344or her retirement benefits for the remainder of the first 12
345months of retirement. Any person employed in violation of this
346subparagraph and any employing agency which knowingly employs or
347appoints such person without notifying the Division of
348Retirement to suspend retirement benefits shall be jointly and
349severally liable for reimbursement to the retirement trust fund
350of any benefits paid during the reemployment limitation period.
351To avoid liability, such employing agency shall have a written
352statement from the retiree that he or she is not retired from a
353state-administered retirement system. Any retirement benefits
354received by a retired member while reemployed in excess of 780
355hours during the first 12 months of retirement shall be repaid
356to the Retirement System Trust Fund, and retirement benefits
357shall remain suspended until repayment is made. Benefits
358suspended beyond the end of the retired member's first 12 months
359of retirement shall apply toward repayment of benefits received
360in violation of the 780-hour reemployment limitation.
361     6.  The Board of Trustees of the Florida School for the
362Deaf and the Blind may reemploy a retired member as a substitute
363teacher, substitute residential instructor, or substitute nurse
364on a noncontractual basis after he or she has been retired for 1
365calendar month, in accordance with s. 121.021(39). Any retired
366member who is reemployed within 1 calendar month after
367retirement shall void his or her application for retirement
368benefits. The Board of Trustees of the Florida School for the
369Deaf and the Blind reemploying such teachers, residential
370instructors, or nurses is subject to the retirement contribution
371required by subparagraph 7. Reemployment of a retired member as
372a substitute teacher, substitute residential instructor, or
373substitute nurse is limited to 780 hours during the first 12
374months of his or her retirement. Any retired member reemployed
375for more than 780 hours during the first 12 months of retirement
376shall give timely notice in writing to the employer and to the
377division of the date he or she will exceed the limitation. The
378division shall suspend his or her retirement benefits for the
379remainder of the first 12 months of retirement. Any person
380employed in violation of this subparagraph and any employing
381agency which knowingly employs or appoints such person without
382notifying the Division of Retirement to suspend retirement
383benefits shall be jointly and severally liable for reimbursement
384to the retirement trust fund of any benefits paid during the
385reemployment limitation period. To avoid liability, such
386employing agency shall have a written statement from the retiree
387that he or she is not retired from a state-administered
388retirement system. Any retirement benefits received by a retired
389member while reemployed in excess of 780 hours during the first
39012 months of retirement shall be repaid to the Retirement System
391Trust Fund, and his or her retirement benefits shall remain
392suspended until payment is made. Benefits suspended beyond the
393end of the retired member's first 12 months of retirement shall
394apply toward repayment of benefits received in violation of the
395780-hour reemployment limitation.
396     7.  The employment by an employer of any retiree or DROP
397participant of any state-administered retirement system shall
398have no effect on the average final compensation or years of
399creditable service of the retiree or DROP participant. Prior to
400July 1, 1991, upon employment of any person, other than an
401elected officer as provided in s. 121.053, who has been retired
402under any state-administered retirement program, the employer
403shall pay retirement contributions in an amount equal to the
404unfunded actuarial liability portion of the employer
405contribution which would be required for regular members of the
406Florida Retirement System. Effective July 1, 1991, contributions
407shall be made as provided in s. 121.122 for retirees with
408renewed membership or subsection (13) with respect to DROP
409participants.
410     8.  Any person who has previously retired and who is
411holding an elective public office or an appointment to an
412elective public office eligible for the Elected Officers' Class
413on or after July 1, 1990, shall be enrolled in the Florida
414Retirement System as provided in s. 121.053(1)(b) or, if holding
415an elective public office that does not qualify for the Elected
416Officers' Class on or after July 1, 1991, shall be enrolled in
417the Florida Retirement System as provided in s. 121.122, and
418shall continue to receive retirement benefits as well as
419compensation for the elected officer's service for as long as he
420or she remains in elective office. However, any retired member
421who served in an elective office prior to July 1, 1990,
422suspended his or her retirement benefit, and had his or her
423Florida Retirement System membership reinstated shall, upon
424retirement from such office, have his or her retirement benefit
425recalculated to include the additional service and compensation
426earned.
427     9.  Any person who is holding an elective public office
428which is covered by the Florida Retirement System and who is
429concurrently employed in nonelected covered employment may elect
430to retire while continuing employment in the elective public
431office, provided that he or she shall be required to terminate
432his or her nonelected covered employment. Any person who
433exercises this election shall receive his or her retirement
434benefits in addition to the compensation of the elective office
435without regard to the time limitations otherwise provided in
436this subsection. No person who seeks to exercise the provisions
437of this subparagraph, as the same existed prior to May 3, 1984,
438shall be deemed to be retired under those provisions, unless
439such person is eligible to retire under the provisions of this
440subparagraph, as amended by chapter 84-11, Laws of Florida.
441     10.  The limitations of this paragraph apply to
442reemployment in any capacity with an "employer" as defined in s.
443121.021(10), irrespective of the category of funds from which
444the person is compensated.
445     11.  Except as provided in subparagraph 12., an employing
446agency may reemploy a retired member as a firefighter or
447paramedic after the retired member has been retired for 1
448calendar month, in accordance with s. 121.021(39). Any retired
449member who is reemployed within 1 calendar month after
450retirement shall void his or her application for retirement
451benefits. The employing agency reemploying such firefighter or
452paramedic is subject to the retirement retired contribution
453required in subparagraph 7. 8. Reemployment of a retired
454firefighter or paramedic is limited to no more than 780 hours
455during the first 12 months of his or her retirement. Any retired
456member reemployed for more than 780 hours during the first 12
457months of retirement shall give timely notice in writing to the
458employer and to the division of the date he or she will exceed
459the limitation. The division shall suspend his or her retirement
460benefits for the remainder of the first 12 months of retirement.
461Any person employed in violation of this subparagraph and any
462employing agency which knowingly employs or appoints such person
463without notifying the Division of Retirement to suspend
464retirement benefits shall be jointly and severally liable for
465reimbursement to the Retirement System Trust Fund of any
466benefits paid during the reemployment limitation period. To
467avoid liability, such employing agency shall have a written
468statement from the retiree that he or she is not retired from a
469state-administered retirement system. Any retirement benefits
470received by a retired member while reemployed in excess of 780
471hours during the first 12 months of retirement shall be repaid
472to the Retirement System Trust Fund, and retirement benefits
473shall remain suspended until repayment is made. Benefits
474suspended beyond the end of the retired member's first 12 months
475of retirement shall apply toward repayment of benefits received
476in violation of the 780-hour reemployment limitation.
477     12.a.  An employing agency may reemploy a retired member
478who retired under the disability provisions of subparagraph
479(4)(b)2. as a law enforcement officer, firefighter, correctional
480officer, emergency medical technician, paramedic, or community-
481based correctional probation officer after the retired member
482has been retired for 1 calendar month, in accordance with s.
483121.021(39).
484     b.  Such retired member may not be reemployed with any
485employer in the position he or she held at the time of the
486disabling illness or injury and may not be reemployed in a
487position that is included in the Special Risk Class.
488     c.  Any retired member who is reemployed within 1 calendar
489month after retirement shall void his or her application for
490retirement benefits. Any retired member who is reemployed in a
491Special Risk Class position must terminate his or her disability
492retirement benefit effective the first day of the first month of
493reemployment in that position.
494     d.  The employing agency reemploying such a member is
495subject to the retirement contribution required in subparagraph
4967.
497     (c)  The provisions of this subsection apply to retirees,
498as defined in s. 121.4501(2)(j), of the Public Employee Optional
499Retirement Program created in part II, subject to the following
500conditions:
501     1.  Such retirees may not be reemployed with an employer
502participating in the Florida Retirement System as provided in
503paragraph (b) until such person has been retired for 3 calendar
504months, unless the participant has reached the normal retirement
505requirements of the defined benefit plan as provided in s.
506121.021(29).
507     2.  Such retiree employed in violation of this subsection
508and any employing agency that knowingly employs or appoints such
509person shall be jointly and severally liable for reimbursement
510of any benefits paid to the retirement trust fund from which the
511benefits were paid, including the Retirement System Trust Fund
512and the Public Employee Optional Retirement Program Trust Fund,
513as appropriate. To avoid liability, such employing agency must
514have a written statement from the retiree that he or she is not
515retired from a state-administered retirement system.
516     Section 6.  Effective July 1, 2008, in order to fund the
517benefit improvements provided in s. 121.091, Florida Statutes,
518as amended by section 5 of this act, the contribution rate that
519applies to the Special Risk Class of the defined benefit program
520of the Florida Retirement System shall be increased by 0.31
521percentage points. This increase shall be in addition to all
522other changes to such contribution rates that may be enacted
523into law to take effect on that date. The Division of Statutory
524Revision is directed to adjust accordingly the contribution
525rates set forth in s. 121.71, Florida Statutes.
526     Section 7.  The Division of Retirement within the
527Department of Management Services shall request from the
528Internal Revenue Service, by October 1, 2008, a letter ruling
529regarding the provisions of s. 121.091, Florida Statutes, as
530amended by section 5 of this act.
531     Section 8.  The Legislature finds that a proper and
532legitimate state purpose is served when employees and retirees
533of the state and its political subdivisions, and the dependents,
534survivors, and beneficiaries of such employees and retirees, are
535extended the basic protections afforded by governmental
536retirement systems. These persons must be provided benefits that
537are fair and adequate and that are managed, administered, and
538funded in an actuarially sound manner, as required by s. 14,
539Art. X of the State Constitution and part VII of chapter 112,
540Florida Statutes. The Legislature further finds that
541firefighters, emergency medical technicians, paramedics, law
542enforcement officers, correctional officers, and correctional
543probation officers, as described in this act, perform state and
544municipal functions; that it is their duty to protect life and
545property at their own risk and peril; that it is their duty to
546continuously instruct school personnel, public officials, and
547private citizens about safety; and that their activities are
548vital to the public safety. Therefore, the Legislature declares
549that it is a proper and legitimate state purpose to provide a
550uniform retirement system for the benefit of firefighters,
551emergency medical technicians, paramedics, law enforcement
552officers, correctional officers, and correctional probation
553officers, as defined in this act, and intends, in implementing
554the provisions of s. 14, Art. X of the State Constitution as
555they relate to municipal and special district pension trust fund
556systems and plans, that such retirement systems or plans be
557managed, administered, operated, and funded in such manner as to
558maximize the protection of pension trust funds. Therefore,
559pursuant to s. 18, Art. VII of the State Constitution, the
560Legislature determines and declares that this act fulfills an
561important state interest.
562     Section 9.  This act shall take effect July 1, 2008, except
563that the amendment of s. 121.091, Florida Statutes, in section 5
564of this act shall take effect upon the receipt of a favorable
565letter ruling from the Internal Revenue Service.


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