Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1128
       
       
       
       
       
       
                                Barcode 762940                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/17/2011           .                                
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       The Committee on Governmental Oversight and Accountability
       (Ring) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (11) through (16) are added to
    6  section 112.66, Florida Statutes, to read:
    7         112.66 General provisions.—The following general provisions
    8  relating to the operation and administration of any retirement
    9  system or plan covered by this part shall be applicable:
   10         (11) A plan sponsor may not offer or provide membership in
   11  a defined benefit retirement system or plan to an employee hired
   12  on or after July 1, 2011. For those members whose terms and
   13  conditions of employment are collectively bargained, this
   14  subsection is effective for the first agreement negotiated on or
   15  after July 1, 2011. Compliance with this subsection does not
   16  disqualify a plan or plan sponsor from receiving premium tax
   17  revenues pursuant to chapters 175 and 185.
   18         (12) Effective July 1, 2011, for purposes of calculating
   19  retirement benefits, a pension system or plan sponsored by a
   20  local government may not include any overtime, unused leave, or
   21  any other form of compensation beyond base hourly or annual
   22  salary in calculating a member’s compensation or salary. For
   23  those members whose terms and conditions of employment are
   24  collectively bargained, this subsection is effective for the
   25  first agreement negotiated on or after July 1, 2011.
   26         (13) An actuarial or cash surplus in any system or plan may
   27  not be used for any expenses outside the plan.
   28         (14) A plan or system may not temporarily reduce
   29  contributions required to fund normal cost.
   30         (15) For each member hired on or after July 1, 2011, the
   31  local government shall provide a disability retirement benefit
   32  that meets the following minimum standards:
   33         (a) A member who becomes totally and permanently disabled,
   34  as defined in s. 121.091(4)(b), after completing a specified
   35  amount of service as determined by the local government, is
   36  entitled to a monthly disability benefit.
   37         (b) The local government must specify what constitutes
   38  permanent and total disability, how to determine proof of
   39  disability, provisions related to recovery from disability, and
   40  other necessary components of a disability retirement program.
   41         (16) For each member who is a firefighter, police officer,
   42  or correctional officer hired on or after July 1, 2011, local
   43  government shall provide a death benefit entitlement and
   44  payments that meet the following minimum standards:
   45         (a) The surviving spouse of a member killed in the line of
   46  duty may receive a monthly pension equal to one-half of the
   47  monthly salary being received by the member at the time of death
   48  for the remainder of the surviving spouse’s life.
   49         (b) If the surviving spouse of a member killed in the line
   50  of duty dies, the monthly payments that would have been payable
   51  to the surviving spouse had such surviving spouse lived shall be
   52  paid for the use and benefit of the member’s children under 18
   53  years of age and unmarried until the 18th birthday of the
   54  member’s youngest unmarried child.
   55         (c) If a member killed in the line of duty leaves no
   56  surviving spouse but is survived by children under 18 years of
   57  age, the benefits normally payable to a surviving spouse shall
   58  be paid for the use and benefit of the member’s child or
   59  children under 18 years of age and unmarried until the 18th
   60  birthday of the member’s youngest unmarried child.
   61  
   62  This subsection does not abrogate other applicable provisions of
   63  state or federal law providing death benefits.
   64         Section 2. Paragraph (g) is added to subsection (2) of
   65  section 121.051, Florida Statutes, to read:
   66         121.051 Participation in the system.—
   67         (2) OPTIONAL PARTICIPATION.—
   68         (g) A local government retirement system or plan, including
   69  a firefighters’ pension plan or a municipal police officers’
   70  retirement plan established in accordance with chapter 175 or
   71  chapter 185, is eligible for membership under this chapter if
   72  the plan has no unfunded actuarial liabilities.
   73         Section 3. Subsection (3) of section 175.032, Florida
   74  Statutes, is amended to read:
   75         175.032 Definitions.—For any municipality, special fire
   76  control district, chapter plan, local law municipality, local
   77  law special fire control district, or local law plan under this
   78  chapter, the following words and phrases have the following
   79  meanings:
   80         (3) “Compensation” or “salary” for service earned and
   81  collective bargaining agreements in place before July 1, 2011,
   82  means the fixed monthly remuneration paid a firefighter. If;
   83  where, as in the case of a volunteer firefighter, remuneration
   84  is based on actual services rendered, as in the case of a
   85  volunteer firefighter, the term means the total cash
   86  remuneration received yearly for such services, prorated on a
   87  monthly basis. For service earned and collective bargaining
   88  agreements entered into on or after July 1, 2011, overtime
   89  compensation, unused leave, or any other form of compensation
   90  beyond base hourly or annual salary may not be included when
   91  calculating a member’s compensation or salary.
   92         (a) A retirement trust fund or plan may use a definition of
   93  salary other than the definition in this subsection but only if
   94  the monthly retirement income payable to each firefighter
   95  covered by the retirement trust fund or plan, as determined
   96  under s. 175.162(2)(a) and using such other definition, equals
   97  or exceeds the monthly retirement income that would be payable
   98  to each firefighter if his or her monthly retirement income were
   99  determined under s. 175.162(2)(a) and using the definition in
  100  this subsection.
  101         (a)(b) Any retirement trust fund or plan that which now or
  102  hereafter meets the requirements of this chapter does shall not,
  103  solely by virtue of this subsection, reduce or diminish the
  104  monthly retirement income otherwise payable to each firefighter
  105  covered by the retirement trust fund or plan.
  106         (b)(c) The member’s compensation or salary contributed as
  107  employee-elective salary reductions or deferrals to any salary
  108  reduction, deferred compensation, or tax-sheltered annuity
  109  program authorized under the Internal Revenue Code shall be
  110  deemed to be the compensation or salary the member would receive
  111  if he or she were not participating in such program and shall be
  112  treated as compensation for retirement purposes under this
  113  chapter.
  114         (c)(d) For any person who first becomes a member in any
  115  plan year beginning on or after January 1, 1996, compensation
  116  for that any plan year may shall not include any amounts in
  117  excess of the Internal Revenue Code s. 401(a)(17) limitation,
  118  (as amended by the Omnibus Budget Reconciliation Act of 1993),
  119  which limitation of $150,000 shall be adjusted as required by
  120  federal law for qualified government plans and shall be further
  121  adjusted for changes in the cost of living in the manner
  122  provided by Internal Revenue Code s. 401(a)(17)(B). For any
  123  person who first became a member before prior to the first plan
  124  year beginning on or after January 1, 1996, the limitation on
  125  compensation may shall be not be less than the maximum
  126  compensation amount that was allowed to be taken into account
  127  under the plan as in effect on July 1, 1993, which limitation
  128  shall be adjusted for changes in the cost of living since 1989
  129  in the manner provided by Internal Revenue Code s.
  130  401(a)(17)(1991).
  131         Section 4. Section 175.351, Florida Statutes, is amended to
  132  read:
  133         175.351 Municipalities and special fire control districts
  134  having their own pension plans for firefighters.—For any
  135  municipality, special fire control district, local law
  136  municipality, local law special fire control district, or local
  137  law plan under this chapter, in order for municipalities and
  138  special fire control districts with their own pension plans for
  139  firefighters, or for firefighters and police officers if, where
  140  included, to participate in the distribution of the tax fund
  141  established pursuant to s. 175.101, local law plans must meet
  142  the minimum benefits and minimum standards set forth in this
  143  chapter.
  144         (1) PREMIUM TAX INCOME.—If a municipality has a pension
  145  plan for firefighters, or a pension plan for firefighters and
  146  police officers if, where included, which in the opinion of the
  147  division meets the minimum benefits and minimum standards set
  148  forth in this chapter, all premium tax revenues received by the
  149  municipality in excess of the adjusted base amount and all
  150  accumulated excess premium tax revenues held in reserve must
  151  first be used to pay the unfunded actuarial accrued liabilities
  152  of the plan. After all unfunded actuarial accrued liabilities
  153  are paid, the board of trustees of the pension plan, as approved
  154  by a majority of firefighters of the municipality, may:
  155         (a) Place the income from the premium tax in s. 175.101 in
  156  such pension plan for the sole and exclusive use of its
  157  firefighters, or for firefighters and police officers if, where
  158  included, where it shall become an integral part of that pension
  159  plan and shall be used to pay extra benefits to the firefighters
  160  included in that pension plan; or
  161         (b) Place the income from the premium tax in s. 175.101 in
  162  a separate supplemental plan to pay extra benefits to
  163  firefighters, or to firefighters and police officers if where
  164  included, participating in such separate supplemental plan.
  165         (2) The premium tax provided by this chapter shall in all
  166  cases be used in its entirety to provide retirement extra
  167  benefits to firefighters, or to firefighters and police officers
  168  if, where included. However, local law plans in effect on
  169  October 1, 1998, must shall be required to comply with the
  170  minimum benefit provisions of this chapter only to the extent
  171  that additional premium tax revenues become available to
  172  incrementally fund the cost of such compliance as provided in s.
  173  175.162(2)(a). If When a plan is in compliance with such minimum
  174  benefit provisions, as subsequent additional premium tax
  175  revenues become available, they must shall be used to provide
  176  extra benefits, except as provided in subsection (1). For the
  177  purpose of this chapter, “additional premium tax revenues” means
  178  revenues received by a municipality or special fire control
  179  district pursuant to s. 175.121 which exceed that amount
  180  received for calendar year 1997, and the term “extra benefits”
  181  means benefits in addition to or greater than those provided to
  182  general employees of the municipality and in addition to those
  183  in existence for firefighters on March 12, 1999. Local law plans
  184  created by special act before May 23, 1939, shall be deemed to
  185  comply with this chapter.
  186         (3)(2)A ADOPTION OR REVISION OF A LOCAL LAW PLAN.—No
  187  retirement plan or amendment to a retirement plan may not shall
  188  be proposed for adoption unless the proposed plan or amendment
  189  contains an actuarial estimate of the costs involved. No Such
  190  proposed plan or proposed plan change may not shall be adopted
  191  without the approval of the municipality, special fire control
  192  district, or, where permitted, the Legislature. Copies of the
  193  proposed plan or proposed plan change and the actuarial impact
  194  statement of the proposed plan or proposed plan change shall be
  195  furnished to the division before prior to the last public
  196  hearing thereon. Such statement must shall also indicate whether
  197  the proposed plan or proposed plan change is in compliance with
  198  s. 14, Art. X of the State Constitution and those provisions of
  199  part VII of chapter 112 which are not expressly provided in this
  200  chapter. Notwithstanding any other provision, only those local
  201  law plans created by special act of legislation before prior to
  202  May 23, 1939, are shall be deemed to meet the minimum benefits
  203  and minimum standards only in this chapter.
  204         (4)(3) Notwithstanding any other provision, with respect to
  205  any supplemental plan municipality:
  206         (a) Section 175.032(3)(a) shall not apply, and A local law
  207  plan and a supplemental plan may continue to use their
  208  definition of compensation or salary in existence on the
  209  effective date of this act.
  210         (b) Section 175.061(1)(b) does shall not apply, and a local
  211  law plan and a supplemental plan shall continue to be
  212  administered by a board or boards of trustees numbered,
  213  constituted, and selected as the board or boards were numbered,
  214  constituted, and selected on December 1, 2000.
  215         (c) The election set forth in paragraph (1)(b) is shall be
  216  deemed to have been made.
  217         (5)(4) The retirement plan setting forth the benefits and
  218  the trust agreement, if any, covering the duties and
  219  responsibilities of the trustees and the regulations of the
  220  investment of funds must be in writing, and copies thereof must
  221  be made available to the participants and to the general public.
  222         Section 5. Subsection (4) of section 185.02, Florida
  223  Statutes, is amended to read:
  224         185.02 Definitions.—For any municipality, chapter plan,
  225  local law municipality, or local law plan under this chapter,
  226  the following words and phrases as used in this chapter shall
  227  have the following meanings, unless a different meaning is
  228  plainly required by the context:
  229         (4) “Compensation” or “salary” for service earned and
  230  collective bargaining agreements in place before July 1, 2011,
  231  means the total cash remuneration including “overtime” paid by
  232  the primary employer to a police officer for services rendered,
  233  but not including any payments for extra duty or a special
  234  detail work performed on behalf of a second party employer. For
  235  service earned and collective bargaining agreements in place
  236  before July 1, 2011 However, a local law plan may limit the
  237  amount of overtime payments which can be used for retirement
  238  benefit calculation purposes; however, but in no event shall
  239  such overtime limit may not be less than 300 hours per officer
  240  per calendar year. For service earned and collective bargaining
  241  agreements entered into on or after July 1, 2011, total cash
  242  remuneration may not include payments for extra duty or special
  243  detail work performed on behalf of a second party employer, or
  244  any overtime, unused leave, or other compensation beyond base
  245  hourly or annual salary.
  246         (a) Any retirement trust fund or plan that which now or
  247  hereafter meets the requirements of this chapter does shall not,
  248  solely by virtue of this subsection, reduce or diminish the
  249  monthly retirement income otherwise payable to each police
  250  officer covered by the retirement trust fund or plan.
  251         (b) The member’s compensation or salary contributed as
  252  employee-elective salary reductions or deferrals to any salary
  253  reduction, deferred compensation, or tax-sheltered annuity
  254  program authorized under the Internal Revenue Code shall be
  255  deemed to be the compensation or salary the member would receive
  256  if he or she were not participating in such program and shall be
  257  treated as compensation for retirement purposes under this
  258  chapter.
  259         (c) For any person who first becomes a member in any plan
  260  year beginning on or after January 1, 1996, compensation for
  261  that any plan year may shall not include any amounts in excess
  262  of the Internal Revenue Code s. 401(a)(17) limitation, (as
  263  amended by the Omnibus Budget Reconciliation Act of 1993), which
  264  limitation of $150,000 shall be adjusted as required by federal
  265  law for qualified government plans and shall be further adjusted
  266  for changes in the cost of living in the manner provided by
  267  Internal Revenue Code s. 401(a)(17)(B). For any person who first
  268  became a member before prior to the first plan year beginning on
  269  or after January 1, 1996, the limitation on compensation may
  270  shall be not be less than the maximum compensation amount that
  271  was allowed to be taken into account under the plan as in effect
  272  on July 1, 1993, which limitation shall be adjusted for changes
  273  in the cost of living since 1989 in the manner provided by
  274  Internal Revenue Code s. 401(a)(17)(1991).
  275         Section 6. Section 185.35, Florida Statutes, is amended to
  276  read:
  277         185.35 Municipalities having their own pension plans for
  278  police officers.—For any municipality, chapter plan, local law
  279  municipality, or local law plan under this chapter, in order for
  280  municipalities with their own pension plans for police officers,
  281  or for police officers and firefighters if where included, to
  282  participate in the distribution of the tax fund established
  283  pursuant to s. 185.08, local law plans must meet the minimum
  284  benefits and minimum standards set forth in this chapter:
  285         (1) PREMIUM TAX INCOME.—If a municipality has a pension
  286  plan for police officers, or for police officers and
  287  firefighters if where included, which, in the opinion of the
  288  division, meets the minimum benefits and minimum standards set
  289  forth in this chapter, all premium tax revenues received by the
  290  municipality in excess of the adjusted base amount and all
  291  accumulated excess premium tax revenues held in reserve, must
  292  first be used to pay off the unfunded actuarial accrued
  293  liabilities of the plan. After all unfunded actuarial accrued
  294  liabilities are paid off, the board of trustees of the pension
  295  plan, as approved by a majority of police officers of the
  296  municipality, may:
  297         (a) Place the income from the premium tax in s. 185.08 in
  298  such pension plan for the sole and exclusive use of its police
  299  officers, or its police officers and firefighters if where
  300  included, where it shall become an integral part of that pension
  301  plan and shall be used to pay extra benefits to the police
  302  officers included in that pension plan; or
  303         (b) May place the income from the premium tax in s. 185.08
  304  in a separate supplemental plan to pay extra benefits to the
  305  police officers, or police officers and firefighters if where
  306  included, participating in such separate supplemental plan.
  307         (2) The premium tax provided by this chapter shall in all
  308  cases be used in its entirety to provide retirement extra
  309  benefits to police officers, or to police officers and
  310  firefighters if, where included. However, local law plans in
  311  effect on October 1, 1998, must shall be required to comply with
  312  the minimum benefit provisions of this chapter only to the
  313  extent that additional premium tax revenues become available to
  314  incrementally fund the cost of such compliance as provided in s.
  315  185.16(2). If When a plan is in compliance with such minimum
  316  benefit provisions, as subsequent additional tax revenues become
  317  available, they shall be used to provide extra benefits, except
  318  as provided under subsection (1). For the purpose of this
  319  chapter, “additional premium tax revenues” means revenues
  320  received by a municipality pursuant to s. 185.10 which exceed
  321  the amount received for calendar year 1997, and the term “extra
  322  benefits” means benefits in addition to or greater than those
  323  provided to general employees of the municipality and in
  324  addition to those in existence for police officers on March 12,
  325  1999. Local law plans created by special act before May 23,
  326  1939, shall be deemed to comply with this chapter.
  327         (3)(2)A ADOPTION OR REVISION OF A LOCAL LAW PLAN.—No
  328  retirement plan or amendment to a retirement plan may not shall
  329  be proposed for adoption unless the proposed plan or amendment
  330  contains an actuarial estimate of the costs involved. No Such
  331  proposed plan or proposed plan change may not shall be adopted
  332  without the approval of the municipality or, where permitted,
  333  the Legislature. Copies of the proposed plan or proposed plan
  334  change and the actuarial impact statement of the proposed plan
  335  or proposed plan change shall be furnished to the division
  336  before prior to the last public hearing thereon. Such statement
  337  must shall also indicate whether the proposed plan or proposed
  338  plan change is in compliance with s. 14, Art. X of the State
  339  Constitution and those provisions of part VII of chapter 112
  340  which are not expressly provided in this chapter.
  341  Notwithstanding any other provision, only those local law plans
  342  created by special act of legislation before prior to May 23,
  343  1939, are shall be deemed to meet the minimum benefits and
  344  minimum standards only in this chapter.
  345         (4)(3) Notwithstanding any other provision, with respect to
  346  any supplemental plan municipality:
  347         (a) Section 185.02(4)(a) does shall not apply, and a local
  348  law plan and a supplemental plan may continue to use their
  349  definition of compensation or salary in existence on March 12,
  350  1999 the effective date of this act.
  351         (b) Section 185.05(1)(b) does shall not apply, and a local
  352  law plan and a supplemental plan shall continue to be
  353  administered by a board or boards of trustees numbered,
  354  constituted, and selected as the board or boards were numbered,
  355  constituted, and selected on December 1, 2000.
  356         (c) The election set forth in paragraph (1)(b) is shall be
  357  deemed to have been made.
  358         (5)(4) The retirement plan setting forth the benefits and
  359  the trust agreement, if any, covering the duties and
  360  responsibilities of the trustees and the regulations of the
  361  investment of funds must be in writing and copies made available
  362  to the participants and to the general public.
  363         Section 7. Financial rating of local pension plans.—The
  364  Department of Financial Services shall develop standardized
  365  ratings for classifying the financial strength of all local
  366  government defined benefit pension plans.
  367         (1) In assigning a rating to a plan, the department shall
  368  consider, but need not be limited to:
  369         (a) The plan’s current and future unfunded liabilities.
  370         (b) The plan’s net asset value, managed returns, and funded
  371  ratio.
  372         (c) Metrics related to the sustainability of the plan,
  373  including, but not limited to, the percentage that the annual
  374  contribution is of the participating employee payroll.
  375         (d) Municipal bond ratings for the local government, if
  376  applicable.
  377         (e) Whether the local government has reduced contribution
  378  rates to the plan when the plan has an actuarial surplus.
  379         (f) Whether the local government uses any actuarial surplus
  380  in the plan for obligations outside the plan.
  381         (2) The department may obtain all necessary data to
  382  formulate the ratings from all relevant entities, including
  383  local pension boards, local governments, and the Division of
  384  Retirement, all of which shall cooperate with the department in
  385  supplying all necessary information.
  386         (3) The ratings shall be posted on the department’s website
  387  in a standardized format.
  388         Section 8. Task Force on Public Employee Disability
  389  Presumptions.—
  390         (1) The Task Force on Public Employee Disability
  391  Presumptions is created for the purpose of developing findings
  392  and issuing recommendations on the disability presumptions in
  393  ss. 112.18, 185.34, and 175.231, Florida Statutes.
  394         (2) All members of the task force shall be appointed on or
  395  before July 15, 2011, and the task force shall hold its first
  396  meeting on or before August 15, 2011. The task force shall be
  397  composed of nine members as follows:
  398         (a) Three members appointed by the President of the Senate,
  399  one of whom must be an attorney in private practice who has
  400  experience in the relevant laws; one of whom must be a
  401  representative of organized labor; and one of whom must be from
  402  the Florida Association of Counties.
  403         (b) Three members appointed by the Speaker of the House of
  404  Representatives, one of whom must be an attorney in private
  405  practice who has experience in the relevant laws; one of whom
  406  must be a representative of organized labor; and one of whom
  407  must be from the Florida League of Cities.
  408         (c) A member employed by the Office of the Auditor General
  409  who has experience in local government auditing and finances.
  410         (d) A member employed by the Department of Management
  411  Services’ Division of Retirement who has experience in local
  412  government pension plans, appointed by the Governor.
  413         (e) A member employed by the Department of Financial
  414  Services who has relevant expertise in state risk management,
  415  appointed by the Chief Financial Officer.
  416         (3) The task force shall address issues, including, but not
  417  limited to:
  418         (a) Data related to the operation of the statutory
  419  disability presumptions.
  420         (b) How disability presumptions are handled in other
  421  states.
  422         (c) Proposals for changes to the existing disability
  423  presumptions.
  424         (4) The Department of Financial Services shall provide
  425  administrative support to the task force.
  426         (5) Members of the task force shall serve without
  427  compensation while in the performance of their duties, but are
  428  entitled to reimbursement for per diem and travel expenses in
  429  accordance with s. 112.061, Florida Statutes.
  430         (6) The task force may obtain data, information, and
  431  assistance from any officer or state agency and any political
  432  subdivision thereof. All such officers, agencies, and political
  433  subdivisions shall provide the task force with all relevant
  434  information and assistance on any matter within their knowledge
  435  or control.
  436         (7) The task force shall submit a report, including
  437  findings and recommendations, to the Governor, the Chief
  438  Financial Officer, the President of the Senate, and the Speaker
  439  of the House of Representatives by January 1, 2012. The report
  440  must include specific recommendations for legislative action
  441  during the 2012 Regular Session of the Legislature.
  442         (8) The task force is dissolved upon submission of its
  443  report.
  444         Section 9. By December 1, 2011, the Department of Financial
  445  Services shall submit a report and recommendations to the
  446  Governor, the President of the Senate, and the Speaker of the
  447  House of Representatives on actions to be taken to increase the
  448  visibility and transparency of local government pension plans,
  449  including, but not limited to, those created pursuant to
  450  chapters 175 and 185, Florida Statutes, with the goal of
  451  increasing the ability of a taxpayer or policymaker to assess
  452  the financial health of the local plans. The report must include
  453  specific recommendations for legislative action during the 2012
  454  Regular Session of the Legislature. The department shall consult
  455  with the Legislature’s office of Economic and Demographic
  456  Research in formulating the recommendations, which must address,
  457  but need not be limited to:
  458         (1) Whether and what kinds of local pension plan data
  459  should be included in the financial audit reports required under
  460  s. 218.39, Florida Statutes.
  461         (2) Whether the reporting requirements of ss. 175.261 and
  462  185.221, Florida Statutes, should be supplemented with other
  463  types of financial data in order to give a more complete and
  464  transparent picture of a local government’s financial solvency.
  465         (3) Proposals for a uniform format for providing pension
  466  data, including standard terminology and data and the specific
  467  types of data which should be provided, including funding
  468  ratios, and whether contributions are sufficient to fund
  469  actuarial liabilities.
  470         (4) Whether to require local governments to provide pension
  471  financial data on local public websites.
  472         (5) Other related issues, including insurance benefits,
  473  health care benefits, and postemployment plan benefits.
  474         (6) Proposals related to the composition of local pension
  475  plan boards.
  476         Section 10. The Legislature finds that a proper and
  477  legitimate state purpose is served when employees and retirees
  478  of the state and of its political subdivisions, and the
  479  dependents, survivors, and beneficiaries of those employees and
  480  retirees, are extended the basic protections afforded by
  481  governmental retirement systems that provide fair and adequate
  482  benefits and that are managed, administered, and funded in an
  483  actuarially sound manner as required by s. 14, Article X of the
  484  State Constitution and part VII of chapter 112, Florida
  485  Statutes. Therefore, the Legislature determines and declares
  486  that this act fulfills an important state interest.
  487         Section 11. This act shall take effect July 1, 2011.
  488  
  489  ================= T I T L E  A M E N D M E N T ================
  490         And the title is amended as follows:
  491         Delete everything before the enacting clause
  492  and insert:
  493                        A bill to be entitled                      
  494         An act relating to public retirement plans; amending
  495         s. 112.66, F.S.; providing that a local governmental
  496         entity may not offer a defined benefit retirement plan
  497         to a plan member hired on or after a certain date;
  498         providing for the calculation of retirement benefits
  499         after a certain date; providing a prohibition on the
  500         use of plan revenues; prohibiting a reduction in
  501         certain contributions to a plan; requiring a plan to
  502         provide disability benefits after a certain date;
  503         providing a death benefit for the spouse and minor
  504         children of a member hired after a certain date who is
  505         killed in the line of duty; amending s. 121.051, F.S.;
  506         providing that a plan is eligible for participation in
  507         the Florida Retirement System if it has no unfunded
  508         actuarial liabilities; amending s. 175.032, F.S.;
  509         revising the definition of the term “compensation” or
  510         “salary” for purposes of firefighter pensions;
  511         amending s. 175.351, F.S.; revising provisions
  512         relating to benefits paid from the premium tax by a
  513         municipality or special fire control district that has
  514         its own pension plan; conforming a cross-reference;
  515         amending s. 185.02, F.S.; revising the definition of
  516         the terms “compensation” or “salary” for purposes of
  517         police officer pensions; amending s. 185.35, F.S.;
  518         revising provisions relating to benefits paid by a
  519         municipality that has its own pension plan; directing
  520         the Department of Financial Services to rate the
  521         financial strength of local government defined benefit
  522         plans; specifying the factors for assigning the
  523         ratings; requiring certain entities to cooperate in
  524         providing data for the ratings; requiring the ratings
  525         to be posted on the department’s website; creating the
  526         Task Force on Public Employee Disability Presumptions;
  527         providing for appointment and membership; specifying
  528         the issues for the task force to address; providing
  529         for a report to be submitted to the Governor, Chief
  530         Financial Officer, and Legislature by a certain date;
  531         providing for expiration; directing the Department of
  532         Financial Services to submit a report on the financial
  533         health of local government pension plans to the
  534         Governor and Legislature by a certain date; specifying
  535         the issues the report must address; providing a
  536         declaration of important state interest; providing an
  537         effective date.