Florida Senate - 2018 SB 606
By Senator Steube
23-00759-18 2018606__
1 A bill to be entitled
2 An act relating to the Special Risk Class of the
3 Florida Retirement System; amending s. 121.0515, F.S.;
4 adding 911 public safety telecommunicators to the
5 class; requiring such members to have their retirement
6 benefits calculated in accordance with provisions
7 applicable to Regular Class members; amending s.
8 121.091, F.S.; conforming a provision to changes made
9 by the act; amending s. 121.71, F.S.; specifying the
10 required employer retirement contribution rates for
11 the new membership subclass of 911 public safety
12 telecommunicators; declaring that the act fulfills an
13 important state interest; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Paragraph (h) of subsection (2), subsection (3),
18 and paragraph (d) of subsection (8) of section 121.0515, Florida
19 Statutes, are amended to read:
20 121.0515 Special Risk Class.—
21 (2) MEMBERSHIP.—
22 (h) Effective August 1, 2008, “special risk member”
23 includes any member who meets the special criteria for continued
24 membership set forth in paragraph (3)(k) (3)(j).
25 (3) CRITERIA.—A member, to be designated as a special risk
26 member, must meet the following criteria:
27 (a) Effective October 1, 1978, the member must be employed
28 as a law enforcement officer and be certified, or required to be
29 certified, in compliance with s. 943.1395, except that; however,
30 sheriffs and elected police chiefs are not required to be
31 certified excluded from meeting the certification requirements
32 of this paragraph. In addition, the member’s duties and
33 responsibilities must include the pursuit, apprehension, and
34 arrest of law violators or suspected law violators; or as of
35 July 1, 1982, the member must be an active member of a bomb
36 disposal unit whose primary responsibility is the location,
37 handling, and disposal of explosive devices; or the member must
38 be the supervisor or command officer of a member or members who
39 have such responsibilities. Administrative support personnel,
40 including, but not limited to, those whose primary duties and
41 responsibilities are in accounting, purchasing, legal, and
42 personnel, are not included;
43 (b) Effective October 1, 1978, the member must be employed
44 as a firefighter and be certified, or required to be certified,
45 in compliance with s. 633.408 and be employed solely within the
46 fire department of a local government employer or an agency of
47 state government with firefighting responsibilities. In
48 addition, the member’s duties and responsibilities must include
49 on-the-scene fighting of fires; as of October 1, 2001, fire
50 prevention or firefighter training; as of October 1, 2001,
51 direct supervision of firefighting units, fire prevention, or
52 firefighter training; or as of July 1, 2001, aerial firefighting
53 surveillance performed by fixed-wing aircraft pilots employed by
54 the Florida Forest Service of the Department of Agriculture and
55 Consumer Services; or the member must be the supervisor or
56 command officer of a member or members who have such
57 responsibilities. Administrative support personnel, including,
58 but not limited to, those whose primary duties and
59 responsibilities are in accounting, purchasing, legal, and
60 personnel, are not included. All periods of creditable service
61 in fire prevention or firefighter training, or as the supervisor
62 or command officer of a member or members who have such
63 responsibilities, and for which the employer paid the special
64 risk contribution rate, are included;
65 (c) Effective October 1, 1978, the member must be employed
66 as a correctional officer and be certified, or required to be
67 certified, in compliance with s. 943.1395. In addition, the
68 member’s primary duties and responsibilities must include be the
69 custody, and physical restraint if when necessary, of prisoners
70 or inmates within a prison, jail, or other criminal detention
71 facility, or while on work detail outside the facility, or while
72 being transported; or as of July 1, 1984, the member must be the
73 supervisor or command officer of a member or members who have
74 such responsibilities. Administrative support personnel,
75 including, but not limited to, those whose primary duties and
76 responsibilities are in accounting, purchasing, legal, and
77 personnel, are not included; however, wardens and assistant
78 wardens, as defined by rule, are included;
79 (d) Effective October 1, 1999, the member must be employed
80 by a licensed Advance Life Support (ALS) or Basic Life Support
81 (BLS) employer as an emergency medical technician or a paramedic
82 and be certified in compliance with s. 401.27. In addition, the
83 member’s primary duties and responsibilities must include on
84 the-scene emergency medical care or as of October 1, 2001,
85 direct supervision of emergency medical technicians or
86 paramedics, or the member must be the supervisor or command
87 officer of one or more members who have such responsibility.
88 Administrative support personnel, including, but not limited to,
89 those whose primary responsibilities are in accounting,
90 purchasing, legal, and personnel, are not included;
91 (e) Effective January 1, 2001, the member must be employed
92 as a community-based correctional probation officer and be
93 certified, or required to be certified, in compliance with s.
94 943.1395. In addition, the member’s primary duties and
95 responsibilities must be the supervised custody, surveillance,
96 control, investigation, and counseling of assigned inmates,
97 probationers, parolees, or community controllees within the
98 community; or the member must be the supervisor of a member or
99 members who have such responsibilities. Administrative support
100 personnel, including, but not limited to, those whose primary
101 duties and responsibilities are in accounting, purchasing, legal
102 services, and personnel management, are not included; however,
103 probation and parole circuit and deputy circuit administrators
104 are included;
105 (f) Effective January 1, 2001, the member must be employed
106 in one of the following classes and must spend at least 75
107 percent of his or her time performing duties that which involve
108 contact with patients or inmates in a correctional or forensic
109 facility or institution:
110 1. Dietitian (class codes 5203 and 5204);
111 2. Public health nutrition consultant (class code 5224);
112 3. Psychological specialist (class codes 5230 and 5231);
113 4. Psychologist (class code 5234);
114 5. Senior psychologist (class codes 5237 and 5238);
115 6. Regional mental health consultant (class code 5240);
116 7. Psychological Services Director—DCF (class code 5242);
117 8. Pharmacist (class codes 5245 and 5246);
118 9. Senior pharmacist (class codes 5248 and 5249);
119 10. Dentist (class code 5266);
120 11. Senior dentist (class code 5269);
121 12. Registered nurse (class codes 5290 and 5291);
122 13. Senior registered nurse (class codes 5292 and 5293);
123 14. Registered nurse specialist (class codes 5294 and
124 5295);
125 15. Clinical associate (class codes 5298 and 5299);
126 16. Advanced registered nurse practitioner (class codes
127 5297 and 5300);
128 17. Advanced registered nurse practitioner specialist
129 (class codes 5304 and 5305);
130 18. Registered nurse supervisor (class codes 5306 and
131 5307);
132 19. Senior registered nurse supervisor (class codes 5308
133 and 5309);
134 20. Registered nursing consultant (class codes 5312 and
135 5313);
136 21. Quality management program supervisor (class code
137 5314);
138 22. Executive nursing director (class codes 5320 and 5321);
139 23. Speech and hearing therapist (class code 5406); or
140 24. Pharmacy manager (class code 5251);
141 (g) Effective October 1, 2005, through June 30, 2008, the
142 member must be employed by a law enforcement agency or medical
143 examiner’s office in a forensic discipline recognized by the
144 International Association for Identification and must qualify
145 for active membership in the International Association for
146 Identification. The member’s primary duties and responsibilities
147 must include the collection, examination, preservation,
148 documentation, preparation, or analysis of physical evidence or
149 testimony, or both, or the member must be the direct supervisor,
150 quality management supervisor, or command officer of one or more
151 individuals with such responsibility. Administrative support
152 personnel, including, but not limited to, those whose primary
153 responsibilities are clerical or in accounting, purchasing,
154 legal, and personnel, are not included;
155 (h) Effective July 1, 2008, the member must be employed by
156 the Department of Law Enforcement in the crime laboratory or by
157 the Division of State Fire Marshal in the forensic laboratory in
158 one of the following classes:
159 1. Forensic technologist (class code 8459);
160 2. Crime laboratory technician (class code 8461);
161 3. Crime laboratory analyst (class code 8463);
162 4. Senior crime laboratory analyst (class code 8464);
163 5. Crime laboratory analyst supervisor (class code 8466);
164 6. Forensic chief (class code 9602); or
165 7. Forensic services quality manager (class code 9603);
166 (i) Effective July 1, 2008, the member must be employed by
167 a local government law enforcement agency or medical examiner’s
168 office and must spend at least 65 percent of his or her time
169 performing duties that involve the collection, examination,
170 preservation, documentation, preparation, or analysis of human
171 tissues or fluids or physical evidence having potential
172 biological, chemical, or radiological hazard or contamination,
173 or use chemicals, processes, or materials that may have
174 carcinogenic or health-damaging properties in the analysis of
175 such evidence, or the member must be the direct supervisor of
176 one or more individuals having such responsibility. If a special
177 risk member changes to another position within the same agency,
178 he or she must submit a complete application as provided in
179 paragraph (4)(a);
180 (j) Effective July 1, 2018, the member must be employed as
181 a 911 public safety telecommunicator as defined in s. 401.465.
182 However, upon his or her retirement, the member shall have his
183 or her benefits calculated in accordance with the Regular Class
184 benefit provisions of s. 121.091(1)(a)1.; or
185 (k)(j) The member must have already qualified for and be
186 actively participating in special risk membership under
187 paragraph (a), paragraph (b), or paragraph (c), must have
188 suffered a qualifying injury as defined in this paragraph, must
189 not be receiving disability retirement benefits as provided in
190 s. 121.091(4), and must satisfy the requirements of this
191 paragraph.
192 1. The ability to qualify for the class of membership
193 defined in paragraph (2)(h) occurs when two licensed medical
194 physicians, one of whom is a primary treating physician of the
195 member, certify the existence of the physical injury and medical
196 condition that constitute a qualifying injury as defined in this
197 paragraph and that the member has reached maximum medical
198 improvement after August 1, 2008. The certifications from the
199 licensed medical physicians must include, at a minimum, that the
200 injury to the special risk member has resulted in a physical
201 loss, or loss of use, of at least two of the following: left
202 arm, right arm, left leg, or right leg; and that:
203 a. The That this physical loss or loss of use is total and
204 permanent, unless except if the loss of use is due to a physical
205 injury to the member’s brain, in which event the loss of use is
206 permanent with at least 75 percent loss of motor function with
207 respect to each arm or leg affected.
208 b. The That this physical loss or loss of use renders the
209 member physically unable to perform the essential job functions
210 of his or her special risk position.
211 c. That, Notwithstanding this physical loss or loss of use,
212 the individual can perform the essential job functions required
213 by the member’s new position, as provided in subparagraph 3.
214 d. The That use of artificial limbs is not possible or does
215 not alter the member’s ability to perform the essential job
216 functions of the member’s position.
217 e. That The physical loss or loss of use is a direct result
218 of a physical injury and not a result of any mental,
219 psychological, or emotional injury.
220 2. For the purposes of this paragraph, the term “qualifying
221 injury” means an injury sustained in the line of duty, as
222 certified by the member’s employing agency, by a special risk
223 member that does not result in total and permanent disability as
224 defined in s. 121.091(4)(b). An injury is a qualifying injury if
225 the injury is a physical injury to the member’s physical body
226 resulting in a physical loss, or loss of use, of at least two of
227 the following: left arm, right arm, left leg, or right leg.
228 Notwithstanding any other provision of this section, an injury
229 that would otherwise qualify as a qualifying injury is not
230 considered a qualifying injury if and when the member ceases
231 employment with the employer for whom he or she was providing
232 special risk services on the date the injury occurred.
233 3. The new position, as described in sub-subparagraph 1.c.,
234 which that is required for qualification as a special risk
235 member under this paragraph is not required to be a position
236 with essential job functions that entitle an individual to
237 special risk membership. Whether a new position as described in
238 sub-subparagraph 1.c. exists and is available to the special
239 risk member is a decision to be made solely by the employer in
240 accordance with its hiring practices and applicable law.
241 4. This paragraph does not grant or create additional
242 rights for any individual to continued employment or to be hired
243 or rehired by his or her employer which that are not already
244 provided by state law within the Florida Statutes, the State
245 Constitution, the Americans with Disabilities Act, if
246 applicable, or any other applicable state or federal law.
247 (8) SPECIAL RISK ADMINISTRATIVE SUPPORT CLASS.—
248 (d) Notwithstanding any other provision of this subsection,
249 this subsection does not apply to any special risk member who
250 qualifies for continued membership pursuant to paragraph (3)(k)
251 (3)(j).
252 Section 2. Subsection (1) of section 121.091, Florida
253 Statutes, is amended to read:
254 121.091 Benefits payable under the system.—Benefits may not
255 be paid under this section unless the member has terminated
256 employment as provided in s. 121.021(39)(a) or begun
257 participation in the Deferred Retirement Option Program as
258 provided in subsection (13), and a proper application has been
259 filed in the manner prescribed by the department. The department
260 may cancel an application for retirement benefits when the
261 member or beneficiary fails to timely provide the information
262 and documents required by this chapter and the department’s
263 rules. The department shall adopt rules establishing procedures
264 for application for retirement benefits and for the cancellation
265 of such application when the required information or documents
266 are not received.
267 (1) NORMAL RETIREMENT BENEFIT.—Upon attaining his or her
268 normal retirement date, the member, upon application to the
269 administrator, shall receive a monthly benefit which shall begin
270 to accrue on the first day of the month of retirement and be
271 payable on the last day of that month and each month thereafter
272 during his or her lifetime. The normal retirement benefit,
273 including any past or additional retirement credit, may not
274 exceed 100 percent of the average final compensation. The amount
275 of monthly benefit shall be calculated as the product of A and
276 B, subject to the adjustment of C, if applicable, as set forth
277 below:
278 (a)1. For creditable years of Regular Class service, A is
279 1.60 percent of the member’s average final compensation, up to
280 the member’s normal retirement date. Upon completion of the
281 first year after the normal retirement date, A is 1.63 percent
282 of the member’s average final compensation. Following the second
283 year after the normal retirement date, A is 1.65 percent of the
284 member’s average final compensation. Following the third year
285 after the normal retirement date, and for subsequent years, A is
286 1.68 percent of the member’s average final compensation.
287 Notwithstanding subparagraph 2., for creditable years of special
288 risk service through employment as a 911 public safety
289 telecommunicator as provided in s. 121.0515(3)(j), the amount of
290 monthly benefit shall be calculated in accordance with this
291 subparagraph.
292 2. For creditable years of special risk service, A is:
293 a. Two percent of the member’s average final compensation
294 for all creditable years before prior to October 1, 1974;
295 b. Three percent of the member’s average final compensation
296 for all creditable years after September 30, 1974, and before
297 October 1, 1978;
298 c. Two percent of the member’s average final compensation
299 for all creditable years after September 30, 1978, and before
300 January 1, 1989;
301 d. Two and two-tenths percent of the member’s final monthly
302 compensation for all creditable years after December 31, 1988,
303 and before January 1, 1990;
304 e. Two and four-tenths percent of the member’s average
305 final compensation for all creditable years after December 31,
306 1989, and before January 1, 1991;
307 f. Two and six-tenths percent of the member’s average final
308 compensation for all creditable years after December 31, 1990,
309 and before January 1, 1992;
310 g. Two and eight-tenths percent of the member’s average
311 final compensation for all creditable years after December 31,
312 1991, and before January 1, 1993;
313 h. Three percent of the member’s average final compensation
314 for all creditable years after December 31, 1992; and
315 i. Three percent of the member’s average final compensation
316 for all creditable years of service after September 30, 1978,
317 and before January 1, 1993, for any special risk member who
318 retires after July 1, 2000, or any member of the Special Risk
319 Administrative Support Class entitled to retain the special risk
320 normal retirement date who was a member of the Special Risk
321 Class during the time period and who retires after July 1, 2000.
322 3. For creditable years of Senior Management Service Class
323 service after January 31, 1987, A is 2 percent;
324 4. For creditable years of Elected Officers’ Class service
325 as a Supreme Court Justice, district court of appeal judge,
326 circuit judge, or county court judge, A is 3 1/3 percent of the
327 member’s average final compensation, and for all other
328 creditable service in such class, A is 3 percent of average
329 final compensation;
330 (b) B is the number of the member’s years and any
331 fractional part of a year of creditable service earned
332 subsequent to November 30, 1970; and
333 (c) C is the normal retirement benefit credit brought
334 forward as of November 30, 1970, by a former member of an
335 existing system. Such normal retirement benefit credit shall be
336 determined as the product of X and Y when X is the percentage of
337 average final compensation which the member would have been
338 eligible to receive if the member had attained his or her normal
339 retirement date as of November 30, 1970, all in accordance with
340 the existing system under which the member is covered on
341 November 30, 1970, and Y is average final compensation as
342 defined in s. 121.021(24). However, any member of an existing
343 retirement system who is eligible to retire and who does retire,
344 become disabled, or die prior to April 15, 1971, may have his or
345 her retirement benefits calculated on the basis of the best 5 of
346 the last 10 years of service.
347 (d) A member’s average final compensation shall be
348 determined by formula to obtain the coverage for the 5 highest
349 fiscal years’ salaries, calculated as provided by rule.
350 Section 3. Subsections (4) and (5) of section 121.71,
351 Florida Statutes, are amended to read:
352 121.71 Uniform rates; process; calculations; levy.—
353 (4) Required employer retirement contribution rates for
354 each membership class and subclass of the Florida Retirement
355 System for both retirement plans are as follows:
356
357 Membership Class Percentage ofGrossCompensation,EffectiveJuly 1, 2017
358
359 Regular Class 2.90%
360 Special Risk Class 11.86%
361 Special Risk Administrative Support Class 3.83%
362 Elected Officers’ Class— Legislators, Governor, Lt. Governor, Cabinet Officers, State Attorneys, Public Defenders 6.45%
363 Elected Officers’ Class— Justices, Judges 11.67%
364 Elected Officers’ Class— County Elected Officers 8.54%
365 Senior Management Class 4.29%
366 DROP 4.17%
367
368 Membership Subclass Percentage ofGrossCompensation,EffectiveJuly 1, 2018
369
370 Special Risk 911 Public Safety Telecommunicators X.XX%
371 (5) In order to address unfunded actuarial liabilities of
372 the system, the required employer retirement contribution rates
373 for each membership class and subclass of the Florida Retirement
374 System for both retirement plans are as follows:
375
376
377 Membership Class Percentage ofGrossCompensation,EffectiveJuly 1, 2017
378
379 Regular Class 3.30%
380 Special Risk Class 9.69%
381 Special Risk Administrative Support Class 29.08%
382 Elected Officers’ Class— Legislators, Governor, Lt. Governor, Cabinet Officers, State Attorneys, Public Defenders 42.69%
383 Elected Officers’ Class— Justices, Judges 26.25%
384 Elected Officers’ Class— County Elected Officers 35.24%
385 Senior Management Service Class 16.70%
386 DROP 7.43%
387
388 Membership Subclass Percentage ofGrossCompensation,EffectiveJuly 1, 2018
389
390 Special Risk 911 Public Safety Telecommunicators X.XX%
391 Section 4. The Legislature finds that a proper and
392 legitimate state purpose is served when employees and retirees
393 of the state and its political subdivisions, and the dependents,
394 survivors, and beneficiaries of such employees and retirees, are
395 extended the basic protections afforded by governmental
396 retirement systems. These persons must be provided benefits that
397 are fair and adequate and are managed, administered, and funded
398 in an actuarially sound manner, as required by s. 14, Article X
399 of the State Constitution and part VII of chapter 112, Florida
400 Statutes. Therefore, the Legislature determines and declares
401 that this act fulfills an important state interest.
402 Section 5. This act shall take effect July 1, 2018.