Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS for SB 246
       
       
       
       
       
       
                                Ì159300nÎ159300                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             04/25/2014 12:27 PM       .                                
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       Senator Ring moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 90 - 635
    4  and insert:
    5         Section 2. Section 175.032, Florida Statutes, is amended to
    6  read:
    7         175.032 Definitions.—For any municipality, special fire
    8  control district, chapter plan, local law municipality, local
    9  law special fire control district, or local law plan under this
   10  chapter, the term following words and phrases have the following
   11  meanings:
   12         (1) “Additional premium tax revenues” means revenues
   13  received by a municipality or special fire control district
   14  pursuant to s. 175.121 which exceed base premium tax revenues.
   15         (2)(1)(a) “Average final compensation” for:
   16         (a) A full-time firefighter means one-twelfth of the
   17  average annual compensation of the 5 best years of the last 10
   18  years of creditable service before prior to retirement,
   19  termination, or death, or the career average as a full-time
   20  firefighter since July 1, 1953, whichever is greater. A year is
   21  shall be 12 consecutive months or such other consecutive period
   22  of time as is used and consistently applied.
   23         (b) “Average final compensation” for A volunteer
   24  firefighter means the average salary of the 5 best years of the
   25  last 10 best contributing years before prior to change in status
   26  to a permanent full-time firefighter or retirement as a
   27  volunteer firefighter or the career average of a volunteer
   28  firefighter, since July 1, 1953, whichever is greater.
   29         (3) “Base premium tax revenues” means:
   30         (a) For a local law plan in effect on October 1, 1998, the
   31  revenues received by a municipality or special fire control
   32  district pursuant to s. 175.121 for calendar year 1997.
   33         (b) For a local law plan created between October 1, 1998,
   34  and March 1, 2014, inclusive, the revenues received by a
   35  municipality or special fire control district pursuant to s.
   36  175.121 based upon the tax collections during the second
   37  calendar year of participation.
   38         (4)(2) “Chapter plan” means a separate defined benefit
   39  pension plan for firefighters which incorporates by reference
   40  the provisions of this chapter and has been adopted by the
   41  governing body of a municipality or special district. Except as
   42  may be specifically authorized in this chapter, the provisions
   43  of a chapter plan may not differ from the plan provisions set
   44  forth in ss. 175.021-175.341 and ss. 175.361-175.401. Actuarial
   45  valuations of chapter plans shall be conducted by the division
   46  as provided by s. 175.261(1).
   47         (5)(3) “Compensation” or “salary” means, for
   48  noncollectively bargained service earned before July 1, 2011, or
   49  for service earned under collective bargaining agreements in
   50  place before July 1, 2011, the fixed monthly remuneration paid a
   51  firefighter. If remuneration is based on actual services
   52  rendered, as in the case of a volunteer firefighter, the term
   53  means the total cash remuneration received yearly for such
   54  services, prorated on a monthly basis. For noncollectively
   55  bargained service earned on or after July 1, 2011, or for
   56  service earned under collective bargaining agreements entered
   57  into on or after July 1, 2011, the term has the same meaning
   58  except that when calculating retirement benefits, up to 300
   59  hours per year in overtime compensation may be included as
   60  specified in the plan or collective bargaining agreement, but
   61  payments for accrued unused sick or annual leave may not be
   62  included.
   63         (a) Any retirement trust fund or plan that meets the
   64  requirements of this chapter does not, solely by virtue of this
   65  subsection, reduce or diminish the monthly retirement income
   66  otherwise payable to each firefighter covered by the retirement
   67  trust fund or plan.
   68         (b) The member’s compensation or salary contributed as
   69  employee-elective salary reductions or deferrals to any salary
   70  reduction, deferred compensation, or tax-sheltered annuity
   71  program authorized under the Internal Revenue Code shall be
   72  deemed to be the compensation or salary the member would receive
   73  if he or she were not participating in such program and shall be
   74  treated as compensation for retirement purposes under this
   75  chapter.
   76         (c) For any person who first becomes a member in any plan
   77  year beginning on or after January 1, 1996, compensation for
   78  that plan year may not include any amounts in excess of the
   79  Internal Revenue Code s. 401(a)(17) limitation, as amended by
   80  the Omnibus Budget Reconciliation Act of 1993, which limitation
   81  of $150,000 shall be adjusted as required by federal law for
   82  qualified government plans and shall be further adjusted for
   83  changes in the cost of living in the manner provided by Internal
   84  Revenue Code s. 401(a)(17)(B). For any person who first became a
   85  member before the first plan year beginning on or after January
   86  1, 1996, the limitation on compensation may not be less than the
   87  maximum compensation amount that was allowed to be taken into
   88  account under the plan in effect on July 1, 1993, which
   89  limitation shall be adjusted for changes in the cost of living
   90  since 1989 in the manner provided by Internal Revenue Code s.
   91  401(a)(17)(1991).
   92         (6)(4) “Creditable service” or “credited service” means the
   93  aggregate number of years of service, and fractional parts of
   94  years of service, of any firefighter, omitting intervening years
   95  and fractional parts of years when such firefighter may not have
   96  been employed by the municipality or special fire control
   97  district, subject to the following conditions:
   98         (a) A No firefighter may not will receive credit for years
   99  or fractional parts of years of service if he or she has
  100  withdrawn his or her contributions to the fund for those years
  101  or fractional parts of years of service, unless the firefighter
  102  repays into the fund the amount he or she has withdrawn, plus
  103  interest determined by the board. The member shall have at least
  104  90 days after his or her reemployment to make repayment.
  105         (b) A firefighter may voluntarily leave his or her
  106  contributions in the fund for a period of 5 years after leaving
  107  the employ of the fire department, pending the possibility of
  108  being rehired by the same department, without losing credit for
  109  the time he or she has participated actively as a firefighter.
  110  If the firefighter is not reemployed as a firefighter, with the
  111  same department, within 5 years, his or her contributions shall
  112  be returned without interest.
  113         (c) Credited service under this chapter shall be provided
  114  only for service as a firefighter, as defined in subsection (8),
  115  or for military service and does not include credit for any
  116  other type of service. A municipality may, by local ordinance,
  117  or a special fire control district may, by resolution, may
  118  provide for the purchase of credit for military service prior to
  119  employment as well as for prior service as a firefighter for
  120  some other employer as long as a firefighter is not entitled to
  121  receive a benefit for such prior service as a firefighter. For
  122  purposes of determining credit for prior service as a
  123  firefighter, in addition to service as a firefighter in this
  124  state, credit may be given for federal, other state, or county
  125  service if the prior service is recognized by the Division of
  126  State Fire Marshal as provided in under chapter 633, or the
  127  firefighter provides proof to the board of trustees that his or
  128  her service is equivalent to the service required to meet the
  129  definition of a firefighter under subsection (11) (8).
  130         (d) In determining the creditable service of any
  131  firefighter, credit for up to 5 years of the time spent in the
  132  military service of the Armed Forces of the United States shall
  133  be added to the years of actual service if:
  134         1. The firefighter is in the active employ of an employer
  135  immediately prior to such service and leaves a position, other
  136  than a temporary position, for the purpose of voluntary or
  137  involuntary service in the Armed Forces of the United States.
  138         2. The firefighter is entitled to reemployment under the
  139  provisions of the Uniformed Services Employment and Reemployment
  140  Rights Act.
  141         3. The firefighter returns to his or her employment as a
  142  firefighter of the municipality or special fire control district
  143  within 1 year from the date of release from such active service.
  144         (7)(5) “Deferred Retirement Option Plan” or “DROP” means a
  145  local law plan retirement option in which a firefighter may
  146  elect to participate. A firefighter may retire for all purposes
  147  of the plan and defer receipt of retirement benefits into a DROP
  148  account while continuing employment with his or her employer.
  149  However, a firefighter who enters the DROP and who is otherwise
  150  eligible to participate may shall not thereby be precluded from
  151  participation or continued participation participating, or
  152  continuing to participate, in a supplemental plan in existence
  153  on, or created after, March 12, 1999 the effective date of this
  154  act.
  155         (8) “Defined contribution plan” means the component of a
  156  local law plan, as provided in s. 175.351(1), to which deposits,
  157  if any, are made to provide benefits for firefighters, or for
  158  firefighters and police officers if both are included. Such
  159  component is an element of a local law plan and exists in
  160  conjunction with the defined benefit component that meets the
  161  minimum benefits and minimum standards of this chapter. The
  162  retirement benefits, if any, of the defined contribution plan
  163  shall be provided through individual member accounts in
  164  accordance with the applicable provisions of the Internal
  165  Revenue Code and related regulations and are limited to the
  166  contributions, if any, made into each member’s account and the
  167  actual accumulated earnings, net of expenses, earned on the
  168  member’s account.
  169         (9)(6) “Division” means the Division of Retirement of the
  170  Department of Management Services.
  171         (10)(7) “Enrolled actuary” means an actuary who is enrolled
  172  under Subtitle C of Title III of the Employee Retirement Income
  173  Security Act of 1974 and who is a member of the Society of
  174  Actuaries or the American Academy of Actuaries.
  175         (11)(8)(a) “Firefighter” means a person employed solely by
  176  a constituted fire department of any municipality or special
  177  fire control district who is certified as a firefighter as a
  178  condition of employment in accordance with s. 633.408 and whose
  179  duty it is to extinguish fires, to protect life, or to protect
  180  property. The term includes all certified, supervisory, and
  181  command personnel whose duties include, in whole or in part, the
  182  supervision, training, guidance, and management responsibilities
  183  of full-time firefighters, part-time firefighters, or auxiliary
  184  firefighters but does not include part-time firefighters or
  185  auxiliary firefighters. However, for purposes of this chapter
  186  only, the term also includes public safety officers who are
  187  responsible for performing both police and fire services, who
  188  are certified as police officers or firefighters, and who are
  189  certified by their employers to the Chief Financial Officer as
  190  participating in this chapter before October 1, 1979. Effective
  191  October 1, 1979, public safety officers who have not been
  192  certified as participating in this chapter are considered police
  193  officers for retirement purposes and are eligible to participate
  194  in chapter 185. Any plan may provide that the fire chief has an
  195  option to participate, or not, in that plan.
  196         (b) “Volunteer firefighter” means any person whose name is
  197  carried on the active membership roll of a constituted volunteer
  198  fire department or a combination of a paid and volunteer fire
  199  department of any municipality or special fire control district
  200  and whose duty it is to extinguish fires, to protect life, and
  201  to protect property. Compensation for services rendered by a
  202  volunteer firefighter does shall not disqualify him or her as a
  203  volunteer. A person may shall not be disqualified as a volunteer
  204  firefighter solely because he or she has other gainful
  205  employment. Any person who volunteers assistance at a fire but
  206  is not an active member of a department described herein is not
  207  a volunteer firefighter within the meaning of this paragraph.
  208         (12)(9) “Firefighters’ Pension Trust Fund” means a trust
  209  fund, by whatever name known, as provided under s. 175.041, for
  210  the purpose of assisting municipalities and special fire control
  211  districts in establishing and maintaining a retirement plan for
  212  firefighters.
  213         (13)(10) “Local law municipality” is any municipality in
  214  which there exists a local law plan exists.
  215         (14)(11) “Local law plan” means a retirement defined
  216  benefit pension plan, that includes both a defined benefit plan
  217  component and a defined contribution plan component, for
  218  firefighters, or for firefighters and or police officers if both
  219  are where included, as described in s. 175.351, established by
  220  municipal ordinance, special district resolution, or special act
  221  of the Legislature, which enactment sets forth all plan
  222  provisions. Local law plan provisions may vary from the
  223  provisions of this chapter if the, provided that required
  224  minimum benefits and minimum standards of this chapter are met.
  225  However, any such variance must shall provide a greater benefit
  226  for firefighters. Actuarial valuations of local law plans shall
  227  be conducted by an enrolled actuary as provided in s.
  228  175.261(2).
  229         (15)(12) “Local law special fire control district” means is
  230  any special fire control district in which there exists a local
  231  law plan exists.
  232         (16) “Minimum benefits” means the benefits set forth in ss.
  233  175.021-175.341 and ss. 175.361-175.401.
  234         (17) “Minimum standards” means the standards set forth in
  235  ss. 175.021-175.401.
  236         (18)(13) “Property insurance” means property insurance as
  237  defined in s. 624.604 and covers real and personal property
  238  within the corporate limits of a any municipality, or within the
  239  boundaries of a any special fire control district, within the
  240  state. The term “multiple peril” means a combination or package
  241  policy that includes both property and casualty coverage for a
  242  single premium.
  243         (19)(14) “Retiree” or “retired firefighter” means a
  244  firefighter who has entered retirement status. For the purposes
  245  of a plan that includes a Deferred Retirement Option Plan
  246  (DROP), a firefighter who enters the DROP is shall be considered
  247  a retiree for all purposes of the plan. However, a firefighter
  248  who enters the DROP and who is otherwise eligible to participate
  249  may shall not thereby be precluded from participation or
  250  continued participation participating, or continuing to
  251  participate, in a supplemental plan in existence on, or created
  252  after, March 12, 1999 the effective date of this act.
  253         (20)(15) “Retirement” means a firefighter’s separation from
  254  municipal city or fire district employment as a firefighter with
  255  immediate eligibility for receipt of benefits under the plan.
  256  For purposes of a plan that includes a Deferred Retirement
  257  Option Plan (DROP), “retirement” means the date a firefighter
  258  enters the DROP.
  259         (21) “Special act plan” means a plan subject to the
  260  provisions of this chapter which was created by an act of the
  261  Legislature and continues to require an act of the Legislature
  262  to alter plan benefits.
  263         (22) “Special benefits” means benefits provided in a
  264  defined contribution plan for firefighters.
  265         (23)(16) “Special fire control district” means a special
  266  district, as defined in s. 189.403(1), established for the
  267  purposes of extinguishing fires, protecting life, and protecting
  268  property within the incorporated or unincorporated portions of a
  269  any county or combination of counties, or within any combination
  270  of incorporated and unincorporated portions of a any county or
  271  combination of counties. The term does not include any dependent
  272  or independent special district, as those terms are defined in
  273  s. 189.403, whose s. 189.403(2) and (3), respectively, the
  274  employees of which are members of the Florida Retirement System
  275  pursuant to s. 121.051(1) or (2).
  276         (24)(17) “Supplemental plan” means a plan to which deposits
  277  are made to provide special extra benefits for firefighters, or
  278  for firefighters and police officers if both are where included
  279  under this chapter. Such a plan is an element of a local law
  280  plan and exists in conjunction with a defined benefit component
  281  plan that meets the minimum benefits and minimum standards of
  282  this chapter. Any supplemental plan in existence on March 1,
  283  2014, shall be deemed to be a defined contribution plan in
  284  compliance with s. 175.351(6).
  285         (25)(18) “Supplemental plan municipality” means a any local
  286  law municipality in which any there existed a supplemental plan
  287  existed, of any type or nature, as of December 1, 2000.
  288         Section 3. Subsection (7) of section 175.071, Florida
  289  Statutes, is amended to read:
  290         175.071 General powers and duties of board of trustees.—For
  291  any municipality, special fire control district, chapter plan,
  292  local law municipality, local law special fire control district,
  293  or local law plan under this chapter:
  294         (7) To assist the board in meeting its responsibilities
  295  under this chapter, the board, if it so elects, may:
  296         (a) Employ independent legal counsel at the pension fund’s
  297  expense.
  298         (b) Employ an independent enrolled actuary, as defined in
  299  s. 175.032(7), at the pension fund’s expense.
  300         (c) Employ such independent professional, technical, or
  301  other advisers as it deems necessary at the pension fund’s
  302  expense.
  303  
  304  If the board chooses to use the municipality’s or special
  305  district’s legal counsel or actuary, or chooses to use any of
  306  the municipality’s or special district’s other professional,
  307  technical, or other advisers, it must do so only under terms and
  308  conditions acceptable to the board.
  309         Section 4. Paragraph (d) of subsection (1) of section
  310  175.091, Florida Statutes, is amended to read:
  311         175.091 Creation and maintenance of fund.—For any
  312  municipality, special fire control district, chapter plan, local
  313  law municipality, local law special fire control district, or
  314  local law plan under this chapter:
  315         (1) The firefighters’ pension trust fund in each
  316  municipality and in each special fire control district shall be
  317  created and maintained in the following manner:
  318         (d) By mandatory payment by the municipality or special
  319  fire control district of a sum equal to the normal cost of and
  320  the amount required to fund any actuarial deficiency shown by an
  321  actuarial valuation conducted under as provided in part VII of
  322  chapter 112 after taking into account the amounts described in
  323  paragraphs (b), (c), (e), (f), and (g) and the tax proceeds
  324  described in paragraph (a) which are used to fund defined
  325  benefit plan benefits.
  326  
  327  Nothing in this section shall be construed to require adjustment
  328  of member contribution rates in effect on the date this act
  329  becomes a law, including rates that exceed 5 percent of salary,
  330  provided that such rates are at least one-half of 1 percent of
  331  salary.
  332         Section 5. Paragraph (a) of subsection (2) of section
  333  175.162, Florida Statutes, is amended to read:
  334         175.162 Requirements for retirement.—For any municipality,
  335  special fire control district, chapter plan, local law
  336  municipality, local law special fire control district, or local
  337  law plan under this chapter, any firefighter who completes 10 or
  338  more years of creditable service as a firefighter and attains
  339  age 55, or completes 25 years of creditable service as a
  340  firefighter and attains age 52, and who for such minimum period
  341  has been a member of the firefighters’ pension trust fund
  342  operating under a chapter plan or local law plan, is eligible
  343  for normal retirement benefits. Normal retirement under the plan
  344  is retirement from the service of the municipality or special
  345  fire control district on or after the normal retirement date. In
  346  such event, payment of retirement income will be governed by the
  347  following provisions of this section:
  348         (2)(a)1. The amount of monthly retirement income payable to
  349  a full-time firefighter who retires on or after his or her
  350  normal retirement date shall be an amount equal to the number of
  351  his or her years of credited service multiplied by 2.75 2
  352  percent of his or her average final compensation as a full-time
  353  firefighter. However, if current state contributions pursuant to
  354  this chapter are not adequate to fund the additional benefits to
  355  meet the minimum requirements in this chapter, only such
  356  incremental increases shall be required as state moneys are
  357  adequate to provide. Such increments shall be provided as state
  358  moneys become available.
  359         2. Effective July 1, 2014, a plan that is in compliance
  360  with this chapter except that the plan provides a benefit that
  361  is less than 2.75 percent of the average final compensation of a
  362  full-time firefighter for all years of credited service, as
  363  provided in subparagraph 1., or provides an effective benefit
  364  that is below 2.75 percent as a result of a maximum benefit
  365  limitation, must maintain, at a minimum, the percentage amount
  366  or maximum benefit limitation in effect on July 1, 2014, and is
  367  not required to increase the benefit to 2.75 percent of the
  368  average final compensation of a full-time firefighter for all
  369  years of credited service.
  370         3. Effective July 1, 2014, a plan that is in compliance
  371  with this chapter except that the plan provides a benefit that
  372  is less than 2.75 percent of the average final compensation of a
  373  full-time firefighter for all years of credited service, as
  374  provided in subparagraph 1., or provides an effective benefit
  375  that is below 2.75 percent as a result of a maximum benefit
  376  limitation, and which changes the percentage amount or maximum
  377  benefit limitation to 2.75 percent, or greater, of the average
  378  final compensation of a full-time firefighter for all years of
  379  credited service, as provided in subparagraph 1., may not
  380  thereafter decrease the percentage amount or maximum benefit
  381  limitation to less than 2.75 percent of the average final
  382  compensation of a full-time firefighter for all years of
  383  credited service, as provided in subparagraph 1.
  384         Section 6. Section 175.351, Florida Statutes, is amended to
  385  read:
  386         175.351 Municipalities and special fire control districts
  387  that have having their own retirement pension plans for
  388  firefighters.—For any municipality, special fire control
  389  district, local law municipality, local law special fire control
  390  district, or local law plan under this chapter, In order for a
  391  municipality or municipalities and special fire control district
  392  that has its districts with their own retirement plan pension
  393  plans for firefighters, or for firefighters and police officers
  394  if both are included, to participate in the distribution of the
  395  tax fund established under pursuant to s. 175.101, a local law
  396  plan plans must meet the minimum benefits and minimum standards
  397  set forth in this chapter, except as provided in the mutual
  398  consent provisions in paragraph (1)(g) with respect to the
  399  minimum benefits not met as of October 1, 2012.
  400         (1) If a municipality has a retirement pension plan for
  401  firefighters, or a pension plan for firefighters and police
  402  officers if both are included, which in the opinion of the
  403  division meets the minimum benefits and minimum standards set
  404  forth in this chapter, the board of trustees of the pension plan
  405  must, as approved by a majority of firefighters of the
  406  municipality, may:
  407         (a) place the income from the premium tax in s. 175.101 in
  408  such pension plan for the sole and exclusive use of its
  409  firefighters, or for firefighters and police officers if both
  410  are included, where it shall become an integral part of that
  411  pension plan and shall be used to fund benefits as provided
  412  herein. Effective October 1, 2014, for noncollectively bargained
  413  service or upon entering into a collective bargaining agreement
  414  on or after July 1, 2014:
  415         (a) The base premium tax revenues must be used to fund
  416  minimum benefits or other retirement benefits in excess of the
  417  minimum benefits as determined by the municipality or special
  418  fire control district.
  419         (b) Of the additional premium tax revenues received which
  420  are in excess of the amount received for the 2012 calendar year,
  421  50 percent must be used to fund minimum benefits or other
  422  retirement benefits in excess of the minimum benefits as
  423  determined by the municipality or special fire control district,
  424  and 50 percent must be placed in a defined contribution plan to
  425  fund special benefits.
  426         (c) Additional premium tax revenues not described in
  427  paragraph (b) must be used to fund benefits that are not
  428  included in the minimum benefits. If the additional premium tax
  429  revenues subject to this paragraph exceed the full annual cost
  430  of benefits provided through the plan which are in excess of the
  431  minimum benefits, any amount in excess of the full annual cost
  432  must be used as provided in paragraph (b).
  433         (d) Of any accumulations of additional premium tax revenues
  434  which have not been allocated to fund benefits in excess of the
  435  minimum benefits, 50 percent of the amount of the accumulations
  436  must be used to fund special benefits, and 50 percent must be
  437  applied to fund any unfunded actuarial liabilities of the plan;
  438  provided that any amount of accumulations in excess of the
  439  amount required to fund the unfunded actuarial liabilities must
  440  be used to fund special benefits to pay extra benefits to the
  441  firefighters included in that pension plan; or
  442         (b) Place the income from the premium tax in s. 175.101 in
  443  a separate supplemental plan to pay extra benefits to
  444  firefighters, or to firefighters and police officers if
  445  included, participating in such separate supplemental plan.
  446         (e) For a plan created after March 1, 2014, 50 percent of
  447  the insurance premium tax revenues must be used to fund defined
  448  benefit plan component benefits, with the remainder used to fund
  449  defined contribution plan component benefits.
  450         (f) If a plan offers benefits in excess of the minimum
  451  benefits, such benefits, excluding supplemental plan benefits in
  452  effect as of September 30, 2013, may be reduced if the plan
  453  continues to meet the minimum benefits and the minimum standards
  454  set forth in this chapter. The amount of insurance premium tax
  455  revenues previously used to fund benefits in excess of minimum
  456  benefits, excluding the amount of any additional premium tax
  457  revenues distributed to a supplemental plan for calendar year
  458  2012, before the reduction must be used as provided in paragraph
  459  (b). However, benefits in excess of the minimum benefits may not
  460  be reduced if a plan does not meet the minimum percentage amount
  461  of 2.75 percent, or greater, of the average final compensation
  462  of a full-time firefighter, as provided in s. 175.162(2)(a)1.,
  463  or provides an effective benefit that is below 2.75 percent as a
  464  result of a maximum benefit limitation, as described in s.
  465  175.162(2)(a)2.
  466         (g) Notwithstanding paragraphs (a)-(f), the use of premium
  467  tax revenues, including any accumulations of additional premium
  468  tax revenues which have not been allocated to fund benefits in
  469  excess of the minimum benefits, may deviate from the provisions
  470  of this subsection by mutual consent of the members’ collective
  471  bargaining representative or, if none, by majority consent of
  472  the firefighter members of the fund, and by consent of the
  473  municipality or special fire control district, provided that the
  474  plan continues to meet the minimum benefits and minimum
  475  standards of this chapter; however, a plan that operates
  476  pursuant to this paragraph which does not meet the minimum
  477  benefits as of October 1, 2012, may continue to provide the
  478  benefits that do not meet the minimum benefits at the same level
  479  as was provided as of October 1, 2012, and all other benefit
  480  levels must continue to meet the minimum benefits. Such mutually
  481  agreed deviation shall continue until modified or revoked by
  482  subsequent mutual consent of the members’ collective bargaining
  483  representative or, if none, by a majority of the firefighter
  484  members of the fund, and the municipality or special fire
  485  control district. An existing arrangement for the use of premium
  486  tax revenues contained within a special act plan or a plan
  487  within a supplemental plan municipality is considered, as of
  488  July 1, 2014, to be a deviation for which mutual consent has
  489  been granted.
  490         (2) The premium tax provided by this chapter shall in all
  491  cases be used in its entirety to provide retirement extra
  492  benefits to firefighters, or to firefighters and police officers
  493  if both are included. However, local law plans in effect on
  494  October 1, 1998, must comply with the minimum benefit provisions
  495  of this chapter only to the extent that additional premium tax
  496  revenues become available to incrementally fund the cost of such
  497  compliance as provided in s. 175.162(2)(a). If a plan is in
  498  compliance with such minimum benefit provisions, as subsequent
  499  additional premium tax revenues become available, they must be
  500  used to provide extra benefits. Local law plans created by
  501  special act before May 27, 1939, are deemed to comply with this
  502  chapter. For the purpose of this chapter, the term:
  503         (a) “Additional premium tax revenues” means revenues
  504  received by a municipality or special fire control district
  505  pursuant to s. 175.121 which exceed that amount received for
  506  calendar year 1997.
  507         (b) “Extra benefits” means benefits in addition to or
  508  greater than those provided to general employees of the
  509  municipality and in addition to those in existence for
  510  firefighters on March 12, 1999.
  511         (3) A retirement plan or amendment to a retirement plan may
  512  not be proposed for adoption unless the proposed plan or
  513  amendment contains an actuarial estimate of the costs involved.
  514  Such proposed plan or proposed plan change may not be adopted
  515  without the approval of the municipality, special fire control
  516  district, or, where required permitted, the Legislature. Copies
  517  of the proposed plan or proposed plan change and the actuarial
  518  impact statement of the proposed plan or proposed plan change
  519  shall be furnished to the division before the last public
  520  hearing on the proposal is held thereon. Such statement must
  521  also indicate whether the proposed plan or proposed plan change
  522  is in compliance with s. 14, Art. X of the State Constitution
  523  and those provisions of part VII of chapter 112 which are not
  524  expressly provided in this chapter. Notwithstanding any other
  525  provision, only those local law plans created by special act of
  526  legislation before May 27, 1939, are deemed to meet the minimum
  527  benefits and minimum standards only in this chapter.
  528         (4) Notwithstanding any other provision, with respect to
  529  any supplemental plan municipality:
  530         (a) A local law plan and a supplemental plan may continue
  531  to use their definition of compensation or salary in existence
  532  on March 12, 1999.
  533         (b) Section 175.061(1)(b) does not apply, and a local law
  534  plan and a supplemental plan shall continue to be administered
  535  by a board or boards of trustees numbered, constituted, and
  536  selected as the board or boards were numbered, constituted, and
  537  selected on December 1, 2000.
  538         (c) The election set forth in paragraph (1)(b) is deemed to
  539  have been made.
  540         (5) The retirement plan setting forth the benefits and the
  541  trust agreement, if any, covering the duties and
  542  responsibilities of the trustees and the regulations of the
  543  investment of funds must be in writing, and copies made
  544  available to the participants and to the general public.
  545         (6) In addition to the defined benefit component of the
  546  local law plan, each plan sponsor must have a defined
  547  contribution plan component within the local law plan by October
  548  1, 2014, for noncollectively bargained service, upon entering
  549  into a collective bargaining agreement on or after July 1, 2014,
  550  or upon the creation date of a new participating plan. Depending
  551  upon the application of subsection (1), a defined contribution
  552  component may or may not receive any funding.
  553         (7) Notwithstanding any other provision of this chapter, a
  554  municipality or special fire control district that has
  555  implemented or proposed changes to a local law plan based on the
  556  municipality’s or district’s reliance on an interpretation of
  557  this chapter by the Department of Management Services on or
  558  after August 14, 2012, and before March 4, 2014, may continue
  559  the implemented changes or continue to implement proposed
  560  changes. Such reliance must be evidenced by a written collective
  561  bargaining proposal or agreement, or formal correspondence
  562  between the municipality or district and the Department of
  563  Management Services which describes the specific changes to the
  564  local law plan, with the initial proposal, agreement, or
  565  correspondence from the municipality or district dated before
  566  March 4, 2014. Changes to the local law plan which are otherwise
  567  contrary to the minimum benefits and minimum standards in this
  568  chapter may continue in effect until the earlier of October 1,
  569  2017, or the effective date of a collective bargaining agreement
  570  that is contrary to the changes to the local law plan.
  571  
  572  ================= T I T L E  A M E N D M E N T ================
  573  And the title is amended as follows:
  574         Delete lines 23 - 25
  575  and insert:
  576  
  577