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A bill to be entitled

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An act relating to the Florida Retirement System; amending

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s. 121.0515, F.S.; revising the criteria under which

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certain employees of the Department of Law Enforcement,

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the Division of State Fire Marshal, or a local government

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law enforcement agency or medical examiner's office are

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eligible for membership in the Special Risk Class;

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authorizing the Department of Management Services to

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review the special risk designation of certain members;

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authorizing certain members to purchase additional

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retirement credit to upgrade prior service to Special Risk

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Class service; providing for the calculation of

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contributions for such service upgrade; authorizing the

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employer to purchase such additional credit for certain

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members; providing a declaration of important state

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interest; providing an effective date.

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

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     Section 1.  Paragraph (h) of subsection (2) and subsection

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(4) of section 121.0515, Florida Statutes, are amended,

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paragraphs (i) and (j) are added to subsection (2) of that

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section, and paragraph (c) is added to subsection (9) of that

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section, to read:

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     121.0515  Special risk membership.--

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     (2)  CRITERIA.--A member, to be designated as a special risk

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member, must meet the following criteria:

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     (h) Effective October 1, 2005, through June 30, 2008, the

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member must be employed by a law enforcement agency or medical

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examiner's office in a forensic discipline recognized by the

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International Association for Identification and must qualify for

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active membership in the International Association for

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Identification. The member's primary duties and responsibilities

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must include the collection, examination, preservation,

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documentation, preparation, or analysis of physical evidence or

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testimony, or both, or the member must be the direct supervisor,

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quality management supervisor, or command officer of one or more

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individuals with such responsibility. Administrative support

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personnel, including, but not limited to, those whose primary

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responsibilities are clerical or in accounting, purchasing,

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legal, and personnel, shall not be included.

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     (i) Effective July 1, 2008, the member must be employed by

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the Department of Law Enforcement in the crime laboratory or by

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the Division of State Fire Marshal in the forensic laboratory in

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one of the following classes:

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     1. Forensic technologist (class code 8459);

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     2. Crime laboratory technician (class code 8461);

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     3. Crime laboratory analyst (class code 8463);

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     4. Senior crime laboratory analyst (class code 8464);

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     5. Crime laboratory analyst supervisor (class code 8466);

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     6. Forensic chief (class code 9602); or

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     7. Forensic services quality manager (class code 9603).

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     (j) Effective July 1, 2008, the member must be employed by

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a local government law enforcement agency or medical examiner's

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office and must spend at least 65 percent of his or her time

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performing duties that involve the collection, examination,

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preservation, documentation, preparation, or analysis of human

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tissues or fluids or physical evidence having potential

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biological, chemical, or radiological hazard or contamination, or

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use chemicals, processes, or materials that may have carcinogenic

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or health damaging properties in the analysis of said evidence,

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or the member must be the direct supervisor of one or more

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individuals having such responsibility. If a special risk member

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changes to another position within the same agency, he or she

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must submit a complete application as provided paragraph (3)(a).

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     (4)  REMOVAL OF SPECIAL RISK MEMBERSHIP.--

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     (a) Any member who is a special risk member on October 1,

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1978, and who fails to meet the criteria for special risk

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membership established by this section shall have his or her

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special risk designation removed and thereafter shall be a

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regular member and shall earn only regular membership credit. The

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department shall have the authority to review the special risk

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designation of members to determine whether or not those members

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continue to meet the criteria for special risk membership.

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     (b) Any member who is a special risk member on July 1,

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2008, and who became eligible to participate under paragraph

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(2)(h) but fails to meet the criteria for special risk membership

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established by paragraph (2)(i) or paragraph (2)(j) shall have

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his or her special risk designation removed and thereafter shall

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be a regular member and earn only regular membership credit. The

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department may review the special risk designation of members to

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determine whether or not those members continue to meet the

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criteria for special risk membership.

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     (9)  CREDIT FOR UPGRADED SERVICE.--

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     (c) Any member of the Special Risk Class who has earned

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creditable service in another membership class of the Florida

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Retirement System in a position with the Department of Law

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Enforcement or the Division of State Fire Marshal and became

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covered by the Special Risk Class as described in paragraph

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(2)(i), or with a local government law enforcement agency or

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medical examiner's office and became covered by the Special Risk

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Class as described in paragraph (2)(j), which service is within

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the purview of the Special Risk Class, and is employed in such

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position on or after July 1, 2008, may purchase additional

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retirement credit to upgrade such service to Special Risk Class

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service, to the extent of the percentages of the member's average

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final compensation provided in s. 121.091(1)(a)2. The cost for

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such credit shall be an amount representing the actuarial accrued

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liability for the difference in accrual value during the affected

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period of service. The cost shall be calculated using the

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discount rate and other relevant actuarial assumptions that were

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used to value the Florida Retirement System defined benefit plan

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liabilities in the most recent actuarial valuation. The division

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shall ensure that the transfer sum is prepared using a formula

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and methodology certified by an enrolled actuary. The cost must

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be paid immediately upon notification by the division. The local

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government employer may purchase the upgraded service credit on

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behalf of the member if the member has been employed by that

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employer for at least 3 years.

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     Section 2. The Legislature finds that a proper and

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legitimate state purpose is served when employees and retirees of

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the state and its political subdivisions, and the dependents,

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survivors, and beneficiaries of such employees and retirees, are

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extended additional protections afforded by governmental

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retirement systems. These persons must be provided benefits that

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are fair and adequate and that are managed, administered, and

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funded in a sound actuarial manner, as required by Section 14,

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Article X of the State Constitution and part VII of chapter 112,

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Florida Statutes. Therefore, the Legislature determines and

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declares that this act fulfills an important state interest.

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     Section 3.  This act shall take effect July 1, 2008.