Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 910
       
       
       
       
       
       
                                Barcode 708624                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/02/2012           .                                
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       The Committee on Banking and Insurance (Hays) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (6) is added to section 175.351,
    6  Florida Statutes, to read:
    7         175.351 Municipalities and special fire control districts
    8  having their own pension plans for firefighters.—For any
    9  municipality, special fire control district, local law
   10  municipality, local law special fire control district, or local
   11  law plan under this chapter, in order for municipalities and
   12  special fire control districts with their own pension plans for
   13  firefighters, or for firefighters and police officers if
   14  included, to participate in the distribution of the tax fund
   15  established pursuant to s. 175.101, local law plans must meet
   16  the minimum benefits and minimum standards set forth in this
   17  chapter.
   18         (6) Notwithstanding any other provision, with respect to
   19  any plan established under this chapter, if the municipality or
   20  special fire control district and the plan members’ collective
   21  bargaining representative or, if none, a majority of the plan
   22  members, agree to the retirement benefits provided in the plan
   23  or to the use of income from the premium tax provided pursuant
   24  to this chapter, the provisions of the agreement shall be deemed
   25  to comply with this chapter for all purposes. This subsection is
   26  retroactive in application to any agreement entered into or
   27  effective on or after October 1, 2010.
   28         Section 2. Subsection (4) of section 185.02, Florida
   29  Statutes, is amended to read:
   30         185.02 Definitions.—For any municipality, chapter plan,
   31  local law municipality, or local law plan under this chapter,
   32  the following words and phrases as used in this chapter shall
   33  have the following meanings, unless a different meaning is
   34  plainly required by the context:
   35         (4) The term “compensation” or “salary” means, for
   36  noncollectively bargained service earned before July 1, 2011, or
   37  for service earned under collective bargaining agreements in
   38  place before July 1, 2011, the total cash remuneration including
   39  overtime paid by the primary employer to a police officer for
   40  services rendered, but not including any payments for extra duty
   41  or special detail work performed on behalf of a second party
   42  employer. A local law plan may limit the amount of overtime
   43  payments which can be used for retirement benefit calculation
   44  purposes; however, such overtime limit may not be less than 300
   45  hours per officer per calendar year. For noncollectively
   46  bargained service earned on or after July 1, 2011, or for
   47  service earned under collective bargaining agreements entered
   48  into on or after July 1, 2011, the term has the same meaning
   49  except that when calculating retirement benefits, up to 300
   50  hours per year in overtime compensation may be included as
   51  specified in the plan or collective bargaining agreement, but
   52  payments for accrued unused sick or annual leave may not be
   53  included.
   54         (a) Any retirement trust fund or plan that meets the
   55  requirements of this chapter does not, solely by virtue of this
   56  subsection, reduce or diminish the monthly retirement income
   57  otherwise payable to each police officer covered by the
   58  retirement trust fund or plan.
   59         (b) The member’s compensation or salary contributed as
   60  employee-elective salary reductions or deferrals to any salary
   61  reduction, deferred compensation, or tax-sheltered annuity
   62  program authorized under the Internal Revenue Code shall be
   63  deemed to be the compensation or salary the member would receive
   64  if he or she were not participating in such program and shall be
   65  treated as compensation for retirement purposes under this
   66  chapter.
   67         (c) For any person who first becomes a member in any plan
   68  year beginning on or after January 1, 1996, compensation for
   69  that plan year may not include any amounts in excess of the
   70  Internal Revenue Code s. 401(a)(17) limitation, as amended by
   71  the Omnibus Budget Reconciliation Act of 1993, which limitation
   72  of $150,000 shall be adjusted as required by federal law for
   73  qualified government plans and shall be further adjusted for
   74  changes in the cost of living in the manner provided by Internal
   75  Revenue Code s. 401(a)(17)(B). For any person who first became a
   76  member before the first plan year beginning on or after January
   77  1, 1996, the limitation on compensation may not be less than the
   78  maximum compensation amount that was allowed to be taken into
   79  account under the plan as in effect on July 1, 1993, which
   80  limitation shall be adjusted for changes in the cost of living
   81  since 1989 in the manner provided by Internal Revenue Code s.
   82  401(a)(17)(1991).
   83         Section 3. Subsection (6) is added to section 185.35,
   84  Florida Statutes, to read:
   85         185.35 Municipalities having their own pension plans for
   86  police officers.—For any municipality, chapter plan, local law
   87  municipality, or local law plan under this chapter, in order for
   88  municipalities with their own pension plans for police officers,
   89  or for police officers and firefighters if included, to
   90  participate in the distribution of the tax fund established
   91  pursuant to s. 185.08, local law plans must meet the minimum
   92  benefits and minimum standards set forth in this chapter:
   93         (6) Notwithstanding any other provision, with respect to
   94  any plan established under this chapter, if the municipality and
   95  the plan members’ collective bargaining representative or, if
   96  none, a majority of the plan members, agree to the retirement
   97  benefits provided in the plan or to the use of income from the
   98  premium tax provided pursuant to this chapter, the provisions of
   99  the agreement shall be deemed to comply with this chapter for
  100  all purposes. This subsection is retroactive in application to
  101  any agreement entered into or effective on or after October 1,
  102  2010.
  103         Section 4. The Legislature finds that a proper and
  104  legitimate state purpose is served when employees and retirees
  105  of the state and its political subdivisions, and the dependents,
  106  survivors, and beneficiaries of such employees and retirees are
  107  extended the basic protections afforded by governmental
  108  retirement systems that provide fair and adequate benefits and
  109  that are managed, administered, and funded in an actuarially
  110  sound manner as required by s. 14, Art. X of the State
  111  Constitution and part VII of chapter 112, Florida Statutes.
  112  Therefore, the Legislature determines and declares that this act
  113  fulfills an important state interest.
  114         Section 5. This act shall take effect upon becoming a law.
  115  
  116  ================= T I T L E  A M E N D M E N T ================
  117         And the title is amended as follows:
  118         Delete everything before the enacting clause
  119  and insert:
  120                        A bill to be entitled                      
  121         An act relating to public retirement plans; amending
  122         s. 175.351, F.S.; revising provisions relating to
  123         benefits paid from the premium tax by a municipality
  124         or special fire control district that has its own
  125         pension plan; providing for retroactive application;
  126         amending s. 185.02, F.S.; revising the definition of
  127         the term “compensation” or “salary” for purposes of
  128         police officers’ pensions; amending s. 185.35, F.S.;
  129         revising provisions relating to benefits paid by a
  130         municipality that has its own pension plan; providing
  131         for retroactive application; providing a declaration
  132         of important state interest; providing an effective
  133         date.