Florida Senate - 2021                                     SB 736
       
       
        
       By Senator Jones
       
       
       
       
       
       35-00818-21                                            2021736__
    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 for
    7         Regular Class members; conforming cross-references;
    8         amending s. 121.091, F.S.; conforming a provision to
    9         changes made by the act; amending s. 121.71, F.S.;
   10         specifying the required employer retirement
   11         contribution rates for the new membership subclass of
   12         911 public safety telecommunicators; declaring that
   13         the act fulfills an important state interest;
   14         providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Paragraph (h) of subsection (2), subsection (3),
   19  and paragraph (d) of subsection (8) of section 121.0515, Florida
   20  Statutes, are amended to read:
   21         121.0515 Special Risk Class.—
   22         (2) MEMBERSHIP.—
   23         (h) Effective August 1, 2008, “special risk member”
   24  includes any member who meets the special criteria for continued
   25  membership set forth in paragraph (3)(k) (3)(j).
   26         (3) CRITERIA.—A member, to be designated as a special risk
   27  member, must meet the following criteria:
   28         (a) Effective October 1, 1978, the member must be employed
   29  as a law enforcement officer and be certified, or required to be
   30  certified, in compliance with s. 943.1395, except that; however,
   31  sheriffs and elected police chiefs are not required to be
   32  certified excluded from meeting the certification requirements
   33  of this paragraph. In addition, the member’s duties and
   34  responsibilities must include the pursuit, apprehension, and
   35  arrest of law violators or suspected law violators; or as of
   36  July 1, 1982, the member must be an active member of a bomb
   37  disposal unit whose primary responsibility is the location,
   38  handling, and disposal of explosive devices; or the member must
   39  be the supervisor or command officer of a member or members who
   40  have such responsibilities. Administrative support personnel,
   41  including, but not limited to, those whose primary duties and
   42  responsibilities are in accounting, purchasing, legal, and
   43  personnel, are not included;
   44         (b) Effective October 1, 1978, the member must be employed
   45  as a firefighter and be certified, or required to be certified,
   46  in compliance with s. 633.408 and be employed solely within the
   47  fire department of a local government employer or an agency of
   48  state government with firefighting responsibilities. In
   49  addition, the member’s duties and responsibilities must include
   50  on-the-scene fighting of fires; as of October 1, 2001, fire
   51  prevention or firefighter training; as of October 1, 2001,
   52  direct supervision of firefighting units, fire prevention, or
   53  firefighter training; or as of July 1, 2001, aerial firefighting
   54  surveillance performed by fixed-wing aircraft pilots employed by
   55  the Florida Forest Service of the Department of Agriculture and
   56  Consumer Services; or the member must be the supervisor or
   57  command officer of a member or members who have such
   58  responsibilities. Administrative support personnel, including,
   59  but not limited to, those whose primary duties and
   60  responsibilities are in accounting, purchasing, legal, and
   61  personnel, are not included. All periods of creditable service
   62  in fire prevention or firefighter training, or as the supervisor
   63  or command officer of a member or members who have such
   64  responsibilities, and for which the employer paid the special
   65  risk contribution rate, are included;
   66         (c) Effective October 1, 1978, the member must be employed
   67  as a correctional officer and be certified, or required to be
   68  certified, in compliance with s. 943.1395. In addition, the
   69  member’s primary duties and responsibilities must be the
   70  custody, and physical restraint if when necessary, of prisoners
   71  or inmates within a prison, jail, or other criminal detention
   72  facility, or while on work detail outside the facility, or while
   73  being transported; or as of July 1, 1984, the member must be the
   74  supervisor or command officer of a member or members who have
   75  such responsibilities. Administrative support personnel,
   76  including, but not limited to, those whose primary duties and
   77  responsibilities are in accounting, purchasing, legal, and
   78  personnel, are not included; however, wardens and assistant
   79  wardens, as defined by rule, are included;
   80         (d) Effective October 1, 1999, the member must be employed
   81  by a licensed Advance Life Support (ALS) or Basic Life Support
   82  (BLS) employer as an emergency medical technician or a paramedic
   83  and be certified in compliance with s. 401.27. In addition, the
   84  member’s primary duties and responsibilities must include on
   85  the-scene emergency medical care or as of October 1, 2001,
   86  direct supervision of emergency medical technicians or
   87  paramedics, or the member must be the supervisor or command
   88  officer of one or more members who have such responsibility.
   89  Administrative support personnel, including, but not limited to,
   90  those whose primary responsibilities are in accounting,
   91  purchasing, legal, and personnel, are not included;
   92         (e) Effective January 1, 2001, the member must be employed
   93  as a community-based correctional probation officer and be
   94  certified, or required to be certified, in compliance with s.
   95  943.1395. In addition, the member’s primary duties and
   96  responsibilities must be the supervised custody, surveillance,
   97  control, investigation, and counseling of assigned inmates,
   98  probationers, parolees, or community controllees within the
   99  community; or the member must be the supervisor of a member or
  100  members who have such responsibilities. Administrative support
  101  personnel, including, but not limited to, those whose primary
  102  duties and responsibilities are in accounting, purchasing, legal
  103  services, and personnel management, are not included; however,
  104  probation and parole circuit and deputy circuit administrators
  105  are included;
  106         (f) Effective January 1, 2001, the member must be employed
  107  in one of the following classes and must spend at least 75
  108  percent of his or her time performing duties that which involve
  109  contact with patients or inmates in a correctional or forensic
  110  facility or institution:
  111         1. Dietitian (class codes 5203 and 5204);
  112         2. Public health nutrition consultant (class code 5224);
  113         3. Psychological specialist (class codes 5230 and 5231);
  114         4. Psychologist (class code 5234);
  115         5. Senior psychologist (class codes 5237 and 5238);
  116         6. Regional mental health consultant (class code 5240);
  117         7. Psychological Services Director—DCF (class code 5242);
  118         8. Pharmacist (class codes 5245 and 5246);
  119         9. Senior pharmacist (class codes 5248 and 5249);
  120         10. Dentist (class code 5266);
  121         11. Senior dentist (class code 5269);
  122         12. Registered nurse (class codes 5290 and 5291);
  123         13. Senior registered nurse (class codes 5292 and 5293);
  124         14. Registered nurse specialist (class codes 5294 and
  125  5295);
  126         15. Clinical associate (class codes 5298 and 5299);
  127         16. Advanced practice registered nurse (class codes 5297
  128  and 5300);
  129         17. Advanced practice registered nurse specialist (class
  130  codes 5304 and 5305);
  131         18. Registered nurse supervisor (class codes 5306 and
  132  5307);
  133         19. Senior registered nurse supervisor (class codes 5308
  134  and 5309);
  135         20. Registered nursing consultant (class codes 5312 and
  136  5313);
  137         21. Quality management program supervisor (class code
  138  5314);
  139         22. Executive nursing director (class codes 5320 and 5321);
  140         23. Speech and hearing therapist (class code 5406); or
  141         24. Pharmacy manager (class code 5251);
  142         (g) Effective October 1, 2005, through June 30, 2008, the
  143  member must be employed by a law enforcement agency or medical
  144  examiner’s office in a forensic discipline recognized by the
  145  International Association for Identification and must qualify
  146  for active membership in the International Association for
  147  Identification. The member’s primary duties and responsibilities
  148  must include the collection, examination, preservation,
  149  documentation, preparation, or analysis of physical evidence or
  150  testimony, or both, or the member must be the direct supervisor,
  151  quality management supervisor, or command officer of one or more
  152  individuals with such responsibility. Administrative support
  153  personnel, including, but not limited to, those whose primary
  154  responsibilities are clerical or in accounting, purchasing,
  155  legal, and personnel, are not included;
  156         (h) Effective July 1, 2008, the member must be employed by
  157  the Department of Law Enforcement in the crime laboratory or by
  158  the Division of State Fire Marshal in the forensic laboratory in
  159  one of the following classes:
  160         1. Forensic technologist (class code 8459);
  161         2. Crime laboratory technician (class code 8461);
  162         3. Crime laboratory analyst (class code 8463);
  163         4. Senior crime laboratory analyst (class code 8464);
  164         5. Crime laboratory analyst supervisor (class code 8466);
  165         6. Forensic chief (class code 9602); or
  166         7. Forensic services quality manager (class code 9603);
  167         (i) Effective July 1, 2008, the member must be employed by
  168  a local government law enforcement agency or medical examiner’s
  169  office and must spend at least 65 percent of his or her time
  170  performing duties that involve the collection, examination,
  171  preservation, documentation, preparation, or analysis of human
  172  tissues or fluids or physical evidence having potential
  173  biological, chemical, or radiological hazard or contamination,
  174  or use chemicals, processes, or materials that may have
  175  carcinogenic or health-damaging properties in the analysis of
  176  such evidence, or the member must be the direct supervisor of
  177  one or more individuals having such responsibility. If a special
  178  risk member changes to another position within the same agency,
  179  he or she must submit a complete application as provided in
  180  paragraph (4)(a); or
  181         (j)Effective July 1, 2021, the member must be employed as
  182  a 911 public safety telecommunicator as defined in s. 401.465.
  183  However:
  184         1.Upon his or her retirement, the member shall have his or
  185  her benefits calculated in accordance with the Regular Class
  186  benefit provisions of s. 121.091(1)(a)1.; or
  187         2.For all 911 telecommunicators certified on or before
  188  December 31, 2011, the number of creditable years for full
  189  retirement eligibility shall be 25 years without penalty; or
  190         (k)(j) The member must have already qualified for and be
  191  actively participating in special risk membership under
  192  paragraph (a), paragraph (b), or paragraph (c), must have
  193  suffered a qualifying injury as defined in this paragraph, must
  194  not be receiving disability retirement benefits as provided in
  195  s. 121.091(4), and must satisfy the requirements of this
  196  paragraph.
  197         1. The ability to qualify for the class of membership
  198  defined in paragraph (2)(h) occurs when two licensed medical
  199  physicians, one of whom is a primary treating physician of the
  200  member, certify the existence of the physical injury and medical
  201  condition that constitute a qualifying injury as defined in this
  202  paragraph and that the member has reached maximum medical
  203  improvement after August 1, 2008. The certifications from the
  204  licensed medical physicians must include, at a minimum, that the
  205  injury to the special risk member has resulted in a physical
  206  loss, or loss of use, of at least two of the following: left
  207  arm, right arm, left leg, or right leg; and that:
  208         a. The That this physical loss or loss of use is total and
  209  permanent, unless except if the loss of use is due to a physical
  210  injury to the member’s brain, in which event the loss of use is
  211  permanent with at least 75 percent loss of motor function with
  212  respect to each arm or leg affected.
  213         b. The That this physical loss or loss of use renders the
  214  member physically unable to perform the essential job functions
  215  of his or her special risk position.
  216         c. That, Notwithstanding this physical loss or loss of use,
  217  the individual can perform the essential job functions required
  218  by the member’s new position, as provided in subparagraph 3.
  219         d. That Use of artificial limbs is not possible or does not
  220  alter the member’s ability to perform the essential job
  221  functions of the member’s position.
  222         e. That The physical loss or loss of use is a direct result
  223  of a physical injury and not a result of any mental,
  224  psychological, or emotional injury.
  225         2. For the purposes of this paragraph, the term “qualifying
  226  injury” means an injury sustained in the line of duty, as
  227  certified by the member’s employing agency, by a special risk
  228  member that does not result in total and permanent disability as
  229  defined in s. 121.091(4)(b). An injury is a qualifying injury if
  230  the injury is a physical injury to the member’s physical body
  231  resulting in a physical loss, or loss of use, of at least two of
  232  the following: left arm, right arm, left leg, or right leg.
  233  Notwithstanding any other provision of this section, an injury
  234  that would otherwise qualify as a qualifying injury is not
  235  considered a qualifying injury if and when the member ceases
  236  employment with the employer for whom he or she was providing
  237  special risk services on the date the injury occurred.
  238         3. The new position, as described in sub-subparagraph 1.c.,
  239  which that is required for qualification as a special risk
  240  member under this paragraph is not required to be a position
  241  with essential job functions that entitle an individual to
  242  special risk membership. Whether a new position as described in
  243  sub-subparagraph 1.c. exists and is available to the special
  244  risk member is a decision to be made solely by the employer in
  245  accordance with its hiring practices and applicable law.
  246         4. This paragraph does not grant or create additional
  247  rights for any individual to continued employment or to be hired
  248  or rehired by his or her employer which that are not already
  249  provided by state law within the Florida Statutes, the State
  250  Constitution, the Americans with Disabilities Act, if
  251  applicable, or any other applicable state or federal law.
  252         (8) SPECIAL RISK ADMINISTRATIVE SUPPORT CLASS.—
  253         (d) Notwithstanding any other provision of this subsection,
  254  this subsection does not apply to any special risk member who
  255  qualifies for continued membership pursuant to paragraph (3)(k)
  256  (3)(j).
  257         Section 2. Subsection (1) of section 121.091, Florida
  258  Statutes, is amended to read:
  259         121.091 Benefits payable under the system.—Benefits may not
  260  be paid under this section unless the member has terminated
  261  employment as provided in s. 121.021(39)(a) or begun
  262  participation in the Deferred Retirement Option Program as
  263  provided in subsection (13), and a proper application has been
  264  filed in the manner prescribed by the department. The department
  265  may cancel an application for retirement benefits when the
  266  member or beneficiary fails to timely provide the information
  267  and documents required by this chapter and the department’s
  268  rules. The department shall adopt rules establishing procedures
  269  for application for retirement benefits and for the cancellation
  270  of such application when the required information or documents
  271  are not received.
  272         (1) NORMAL RETIREMENT BENEFIT.—Upon attaining his or her
  273  normal retirement date, the member, upon application to the
  274  administrator, shall receive a monthly benefit which shall begin
  275  to accrue on the first day of the month of retirement and be
  276  payable on the last day of that month and each month thereafter
  277  during his or her lifetime. The normal retirement benefit,
  278  including any past or additional retirement credit, may not
  279  exceed 100 percent of the average final compensation. The amount
  280  of monthly benefit shall be calculated as the product of A and
  281  B, subject to the adjustment of C, if applicable, as set forth
  282  below:
  283         (a)1. For creditable years of Regular Class service, A is
  284  1.60 percent of the member’s average final compensation, up to
  285  the member’s normal retirement date. Upon completion of the
  286  first year after the normal retirement date, A is 1.63 percent
  287  of the member’s average final compensation. Following the second
  288  year after the normal retirement date, A is 1.65 percent of the
  289  member’s average final compensation. Following the third year
  290  after the normal retirement date, and for subsequent years, A is
  291  1.68 percent of the member’s average final compensation.
  292  Notwithstanding subparagraph 2., for creditable years of special
  293  risk service through employment as a 911 public safety
  294  telecommunicator as provided in s. 121.0515(3)(j), the amount of
  295  monthly benefit shall be calculated in accordance with this
  296  subparagraph.
  297         2. For creditable years of special risk service, A is:
  298         a. Two percent of the member’s average final compensation
  299  for all creditable years before prior to October 1, 1974;
  300         b. Three percent of the member’s average final compensation
  301  for all creditable years after September 30, 1974, and before
  302  October 1, 1978;
  303         c. Two percent of the member’s average final compensation
  304  for all creditable years after September 30, 1978, and before
  305  January 1, 1989;
  306         d. Two and two-tenths percent of the member’s final monthly
  307  compensation for all creditable years after December 31, 1988,
  308  and before January 1, 1990;
  309         e. Two and four-tenths percent of the member’s average
  310  final compensation for all creditable years after December 31,
  311  1989, and before January 1, 1991;
  312         f. Two and six-tenths percent of the member’s average final
  313  compensation for all creditable years after December 31, 1990,
  314  and before January 1, 1992;
  315         g. Two and eight-tenths percent of the member’s average
  316  final compensation for all creditable years after December 31,
  317  1991, and before January 1, 1993;
  318         h. Three percent of the member’s average final compensation
  319  for all creditable years after December 31, 1992; and
  320         i. Three percent of the member’s average final compensation
  321  for all creditable years of service after September 30, 1978,
  322  and before January 1, 1993, for any special risk member who
  323  retires after July 1, 2000, or any member of the Special Risk
  324  Administrative Support Class entitled to retain the special risk
  325  normal retirement date who was a member of the Special Risk
  326  Class during the time period and who retires after July 1, 2000.
  327         3. For creditable years of Senior Management Service Class
  328  service after January 31, 1987, A is 2 percent;
  329         4. For creditable years of Elected Officers’ Class service
  330  as a Supreme Court Justice, district court of appeal judge,
  331  circuit judge, or county court judge, A is 3 1/3 percent of the
  332  member’s average final compensation, and for all other
  333  creditable service in such class, A is 3 percent of average
  334  final compensation;
  335         (b) B is the number of the member’s years and any
  336  fractional part of a year of creditable service earned
  337  subsequent to November 30, 1970; and
  338         (c) C is the normal retirement benefit credit brought
  339  forward as of November 30, 1970, by a former member of an
  340  existing system. Such normal retirement benefit credit shall be
  341  determined as the product of X and Y when X is the percentage of
  342  average final compensation which the member would have been
  343  eligible to receive if the member had attained his or her normal
  344  retirement date as of November 30, 1970, all in accordance with
  345  the existing system under which the member is covered on
  346  November 30, 1970, and Y is average final compensation as
  347  defined in s. 121.021(24). However, any member of an existing
  348  retirement system who is eligible to retire and who does retire,
  349  become disabled, or die prior to April 15, 1971, may have his or
  350  her retirement benefits calculated on the basis of the best 5 of
  351  the last 10 years of service.
  352         (d) A member’s average final compensation shall be
  353  determined by formula to obtain the coverage for the 5 highest
  354  fiscal years’ salaries, calculated as provided by rule.
  355         Section 3. Subsections (4) and (5) of section 121.71,
  356  Florida Statutes, are amended to read:
  357         121.71 Uniform rates; process; calculations; levy.—
  358         (4) Required employer retirement contribution rates for
  359  each membership class and subclass of the Florida Retirement
  360  System for both retirement plans are as follows:
  361  
  362  
  363  Membership Class                         Percentage ofGrossCompensation,EffectiveJuly 1, 2020
  364  
  365  Regular Class                                    4.84%        
  366  Special Risk Class                              15.13%        
  367  Special Risk Administrative Support Class        9.89%        
  368  Elected Officers’ Class— Legislators, Governor, Lt. Governor, Cabinet Officers, State Attorneys, Public Defenders        8.38%        
  369  Elected Officers’ Class— Justices, Judges       13.31%        
  370  Elected Officers’ Class— County Elected Officers       10.07%        
  371  Senior Management Class                          6.39%        
  372  DROP                                             7.03%        
  373  Membership Subclass                      Percentage ofGrossCompensation,EffectiveJuly 1, 2021
  374  Special Risk911 Public SafetyTelecommunicators        X.XX%        
  375         (5) In order to address unfunded actuarial liabilities of
  376  the system, the required employer retirement contribution rates
  377  for each membership class and subclass of the Florida Retirement
  378  System for both retirement plans are as follows:
  379  
  380  
  381  Membership Class                         Percentage ofGrossCompensation,EffectiveJuly 1, 2020
  382  
  383  Regular Class                                    3.44%        
  384  Special Risk Class                               7.60%        
  385  Special Risk Administrative Support Class       24.23%        
  386  Elected Officers’ Class— Legislators, Governor, Lt. Governor, Cabinet Officers, State Attorneys, Public Defenders       48.81%        
  387  Elected Officers’ Class— Justices, Judges       24.70%        
  388  Elected Officers’ Class— County Elected Officers       37.39%        
  389  Senior Management Service Class                 19.18%        
  390  DROP                                             8.29%        
  391  Membership Subclass                      Percentage ofGrossCompensation,EffectiveJuly 1, 2021
  392  Special Risk911 Public SafetyTelecommunicators        X.XX%        
  393         Section 4. The Legislature finds that a proper and
  394  legitimate state purpose is served when employees and retirees
  395  of the state and its political subdivisions, and the dependents,
  396  survivors, and beneficiaries of such employees and retirees, are
  397  extended the basic protections afforded by governmental
  398  retirement systems. These persons must be provided benefits that
  399  are fair and adequate and are managed, administered, and funded
  400  in an actuarially sound manner, as required by s. 14, Article X
  401  of the State Constitution and part VII of chapter 112, Florida
  402  Statutes. Therefore, the Legislature determines and declares
  403  that this act fulfills an important state interest.
  404         Section 5. This act shall take effect July 1, 2021.