Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. PCS (172428) for SB 1128
                                Barcode 761130                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/17/2011           .                                

       The Committee on Governmental Oversight and Accountability
       (Flores) recommended the following:
    1         Senate Amendment 
    3         Delete lines 118 - 155
    4  and insert:
    5         (3) “Compensation” or “salary” means the fixed monthly
    6  remuneration paid a firefighter for service. If; where, as in
    7  the case of a volunteer firefighter, remuneration is based on
    8  actual services rendered, as in the case of a volunteer
    9  firefighter, the term means the total cash remuneration received
   10  yearly for such services, prorated on a monthly basis. For
   11  service earned on or after July 1, 2011, overtime compensation,
   12  unused leave compensation, or other form of compensation in
   13  excess of a total of 300 hours beyond adjusted base hourly,
   14  monthly, or annual remuneration may not be included when
   15  calculating a member’s compensation or salary. As used in this
   16  subsection, the term “adjusted base hourly, monthly, or annual
   17  remuneration” means that amount of salary paid to a firefighter
   18  as regular wages, used sick and vacation leave, holiday pay, or
   19  incentives.
   20         (a) A retirement trust fund or plan may use a definition of
   21  compensation or salary other than the definition used in this
   22  subsection but only if overtime compensation, unused leave
   23  compensation, or other form of compensation in excess of 300
   24  hours beyond adjusted base hourly, monthly, or annual
   25  remuneration are not included in that definition the monthly
   26  retirement income payable to each firefighter covered by the
   27  retirement trust fund or plan, as determined under s.
   28  175.162(2)(a) and using such other definition, equals or exceeds
   29  the monthly retirement income that would be payable to each
   30  firefighter if his or her monthly retirement income were
   31  determined under s. 175.162(2)(a) and using the definition in
   32  this subsection.
   33         (b) Any retirement trust fund or plan that which now or
   34  hereafter meets the requirements of this chapter does shall not,
   35  solely by virtue of this subsection, reduce or diminish the
   36  monthly retirement income otherwise payable to each firefighter
   37  covered by the retirement trust fund or plan.
   38         (c) The member’s compensation or salary contributed as
   39  employee-elective salary reductions or deferrals to any salary
   40  reduction, deferred compensation, or tax-sheltered annuity
   41  program authorized under the Internal Revenue Code shall be
   42  deemed to be the compensation or salary the member would receive
   43  if he or she were not participating in such program and shall be
   44  treated as compensation for retirement purposes under this
   45  chapter.
   46         (d) For any person who first becomes a member in any