Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. SB 538
Barcode 101208
LEGISLATIVE ACTION
Senate . House
Comm: WD .
03/10/2009 .
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The Committee on Community Affairs (Bennett) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Between lines 763 and 764
4 insert:
5 Section 13. Subsection (1) of section 185.35, Florida
6 Statutes, is amended to read:
7 185.35 Municipalities having their own pension plans for
8 police officers.—For any municipality, chapter plan, local law
9 municipality, or local law plan under this chapter, in order for
10 municipalities with their own pension plans for police officers,
11 or for police officers and firefighters where included, to
12 participate in the distribution of the tax fund established
13 pursuant to s. 185.08, local law plans must meet the minimum
14 benefits and minimum standards set forth in this chapter:
15 (1) PREMIUM TAX INCOME.—If a municipality has a pension
16 plan for police officers, or for police officers and
17 firefighters where included, which, in the opinion of the
18 division, meets the minimum benefits and minimum standards set
19 forth in this chapter, the board of trustees of the pension
20 plan, as approved by a majority of police officers of the
21 municipality, may:
22 (a) Place the income from the premium tax in s. 185.08 in
23 such pension plan for the sole and exclusive use of its police
24 officers, or its police officers and firefighters where
25 included, where it shall become an integral part of that pension
26 plan and shall be used to pay extra benefits to the police
27 officers included in that pension plan; or
28 (b) May place the income from the premium tax in s. 185.08
29 in a separate supplemental plan to pay extra benefits to the
30 police officers, or police officers and firefighters where
31 included, participating in such separate supplemental plan.
32
33 The premium tax provided by this chapter shall in all cases be
34 used in its entirety to provide extra benefits to police
35 officers, or to police officers and firefighters, where
36 included. However, local law plans in effect on October 1, 1998,
37 shall be required to comply with the minimum benefit provisions
38 of this chapter only to the extent that additional premium tax
39 revenues become available to incrementally fund the cost of such
40 compliance as provided in s. 185.16(2). When a plan is in
41 compliance with such minimum benefit provisions, as subsequent
42 additional tax revenues become available, they shall be used to
43 pay for extra benefits implemented prior to July 1, 2009.
44 Effective July 1, 2009 through June 30, 2011, any additional
45 premium tax revenues received in excess of the amount needed for
46 compliance with the minimum benefit provisions of this chapter
47 and for extra benefits implemented prior to July 1, 2009, shall
48 be used to reduce the required contributions of the municipality
49 to the plan provide extra benefits. For the purpose of this
50 chapter, “additional premium tax revenues” means revenues
51 received by a municipality pursuant to s. 185.10 which exceed
52 the amount received for calendar year 1997, and the term “extra
53 benefits” means benefits implemented prior to July 1, 2009 that
54 are in addition to or greater than those provided to general
55 employees of the municipality and in addition to those in
56 existence for police officers on March 12, 1999. Local law plans
57 created by special act before May 23, 1939, shall be deemed to
58 comply with this chapter.
59
60 ================= T I T L E A M E N D M E N T ================
61 And the title is amended as follows:
62 Between lines 73 and 74
63 insert:
64 amending s. 185.35,F.S.; revising requirements for the use of
65 certain additional premium tax revenues; providing for the
66 specified use of such revenues for a two-year period; revising a
67 definition;