Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. HB 7181, 2nd Eng.
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       Senator Bradley moved the following:
       
    1         Senate Amendment to Amendment (710348) (with title
    2  amendment)
    3  
    4         Between lines 1441 and 1442
    5  insert:
    6         Section 13. Subsection (2) of section 175.021, Florida
    7  Statutes, is amended to read:
    8         175.021 Legislative declaration.—
    9         (2) This chapter hereby establishes, for all municipal and
   10  special district pension plans existing now or hereafter under
   11  this chapter, including chapter plans and local law plans,
   12  minimum benefits and minimum standards for the operation and
   13  funding of such plans, hereinafter referred to as firefighters’
   14  pension trust funds, which must be met as a condition precedent
   15  to the plan or plan sponsor receiving a distribution of
   16  insurance premium tax revenues under s. 175.121. The minimum
   17  benefits and minimum standards for each plan as set forth in
   18  this chapter may not be diminished by local charter, ordinance,
   19  or resolution or by special act of the Legislature and may not,
   20  nor may the minimum benefits or minimum standards be reduced or
   21  offset by any other local, state, or federal law that includes
   22  may include firefighters in its operation, except as provided
   23  under s. 112.65.
   24         Section 14. Section 175.032, Florida Statutes, is amended
   25  to read:
   26         175.032 Definitions.—For any municipality, special fire
   27  control district, chapter plan, local law municipality, local
   28  law special fire control district, or local law plan under this
   29  chapter, the term following words and phrases have the following
   30  meanings:
   31         (1) “Additional premium tax revenues” means revenues
   32  received by a municipality or special fire control district
   33  pursuant to s. 175.121 which exceed base premium tax revenues.
   34         (2)(1)(a) “Average final compensation” for:
   35         (a) A full-time firefighter means one-twelfth of the
   36  average annual compensation of the 5 best years of the last 10
   37  years of creditable service before prior to retirement,
   38  termination, or death, or the career average as a full-time
   39  firefighter since July 1, 1953, whichever is greater. A year is
   40  shall be 12 consecutive months or such other consecutive period
   41  of time as is used and consistently applied.
   42         (b) “Average final compensation” for A volunteer
   43  firefighter means the average salary of the 5 best years of the
   44  last 10 best contributing years before prior to change in status
   45  to a permanent full-time firefighter or retirement as a
   46  volunteer firefighter or the career average of a volunteer
   47  firefighter, since July 1, 1953, whichever is greater.
   48         (3) “Base premium tax revenues” means:
   49         (a) For a local law plan in effect on October 1, 1998, the
   50  revenues received by a municipality or special fire control
   51  district pursuant to s. 175.121 for calendar year 1997.
   52         (b) For a local law plan created between October 1, 1998,
   53  and March 1, 2014, inclusive, the revenues received by a
   54  municipality or special fire control district pursuant to s.
   55  175.121 based upon the tax collections during the second
   56  calendar year of participation.
   57         (4)(2) “Chapter plan” means a separate defined benefit
   58  pension plan for firefighters which incorporates by reference
   59  the provisions of this chapter and has been adopted by the
   60  governing body of a municipality or special district. Except as
   61  may be specifically authorized in this chapter, the provisions
   62  of a chapter plan may not differ from the plan provisions set
   63  forth in ss. 175.021-175.341 and ss. 175.361-175.401. Actuarial
   64  valuations of chapter plans shall be conducted by the division
   65  as provided by s. 175.261(1).
   66         (5)(3) “Compensation” or “salary” means, for
   67  noncollectively bargained service earned before July 1, 2011, or
   68  for service earned under collective bargaining agreements in
   69  place before July 1, 2011, the fixed monthly remuneration paid a
   70  firefighter. If remuneration is based on actual services
   71  rendered, as in the case of a volunteer firefighter, the term
   72  means the total cash remuneration received yearly for such
   73  services, prorated on a monthly basis. For noncollectively
   74  bargained service earned on or after July 1, 2011, or for
   75  service earned under collective bargaining agreements entered
   76  into on or after July 1, 2011, the term has the same meaning
   77  except that when calculating retirement benefits, up to 300
   78  hours per year in overtime compensation may be included as
   79  specified in the plan or collective bargaining agreement, but
   80  payments for accrued unused sick or annual leave may not be
   81  included.
   82         (a) Any retirement trust fund or plan that meets the
   83  requirements of this chapter does not, solely by virtue of this
   84  subsection, reduce or diminish the monthly retirement income
   85  otherwise payable to each firefighter covered by the retirement
   86  trust fund or plan.
   87         (b) The member’s compensation or salary contributed as
   88  employee-elective salary reductions or deferrals to any salary
   89  reduction, deferred compensation, or tax-sheltered annuity
   90  program authorized under the Internal Revenue Code shall be
   91  deemed to be the compensation or salary the member would receive
   92  if he or she were not participating in such program and shall be
   93  treated as compensation for retirement purposes under this
   94  chapter.
   95         (c) For any person who first becomes a member in any plan
   96  year beginning on or after January 1, 1996, compensation for
   97  that plan year may not include any amounts in excess of the
   98  Internal Revenue Code s. 401(a)(17) limitation, as amended by
   99  the Omnibus Budget Reconciliation Act of 1993, which limitation
  100  of $150,000 shall be adjusted as required by federal law for
  101  qualified government plans and shall be further adjusted for
  102  changes in the cost of living in the manner provided by Internal
  103  Revenue Code s. 401(a)(17)(B). For any person who first became a
  104  member before the first plan year beginning on or after January
  105  1, 1996, the limitation on compensation may not be less than the
  106  maximum compensation amount that was allowed to be taken into
  107  account under the plan in effect on July 1, 1993, which
  108  limitation shall be adjusted for changes in the cost of living
  109  since 1989 in the manner provided by Internal Revenue Code s.
  110  401(a)(17)(1991).
  111         (6)(4) “Creditable service” or “credited service” means the
  112  aggregate number of years of service, and fractional parts of
  113  years of service, of any firefighter, omitting intervening years
  114  and fractional parts of years when such firefighter may not have
  115  been employed by the municipality or special fire control
  116  district, subject to the following conditions:
  117         (a) A No firefighter may not will receive credit for years
  118  or fractional parts of years of service if he or she has
  119  withdrawn his or her contributions to the fund for those years
  120  or fractional parts of years of service, unless the firefighter
  121  repays into the fund the amount he or she has withdrawn, plus
  122  interest determined by the board. The member shall have at least
  123  90 days after his or her reemployment to make repayment.
  124         (b) A firefighter may voluntarily leave his or her
  125  contributions in the fund for a period of 5 years after leaving
  126  the employ of the fire department, pending the possibility of
  127  being rehired by the same department, without losing credit for
  128  the time he or she has participated actively as a firefighter.
  129  If the firefighter is not reemployed as a firefighter, with the
  130  same department, within 5 years, his or her contributions shall
  131  be returned without interest.
  132         (c) Credited service under this chapter shall be provided
  133  only for service as a firefighter, as defined in subsection (8),
  134  or for military service and does not include credit for any
  135  other type of service. A municipality may, by local ordinance,
  136  or a special fire control district may, by resolution, may
  137  provide for the purchase of credit for military service prior to
  138  employment as well as for prior service as a firefighter for
  139  some other employer as long as a firefighter is not entitled to
  140  receive a benefit for such prior service as a firefighter. For
  141  purposes of determining credit for prior service as a
  142  firefighter, in addition to service as a firefighter in this
  143  state, credit may be given for federal, other state, or county
  144  service if the prior service is recognized by the Division of
  145  State Fire Marshal as provided in under chapter 633, or the
  146  firefighter provides proof to the board of trustees that his or
  147  her service is equivalent to the service required to meet the
  148  definition of a firefighter under subsection (11) (8).
  149         (d) In determining the creditable service of any
  150  firefighter, credit for up to 5 years of the time spent in the
  151  military service of the Armed Forces of the United States shall
  152  be added to the years of actual service if:
  153         1. The firefighter is in the active employ of an employer
  154  immediately prior to such service and leaves a position, other
  155  than a temporary position, for the purpose of voluntary or
  156  involuntary service in the Armed Forces of the United States.
  157         2. The firefighter is entitled to reemployment under the
  158  provisions of the Uniformed Services Employment and Reemployment
  159  Rights Act.
  160         3. The firefighter returns to his or her employment as a
  161  firefighter of the municipality or special fire control district
  162  within 1 year from the date of release from such active service.
  163         (7)(5) “Deferred Retirement Option Plan” or “DROP” means a
  164  local law plan retirement option in which a firefighter may
  165  elect to participate. A firefighter may retire for all purposes
  166  of the plan and defer receipt of retirement benefits into a DROP
  167  account while continuing employment with his or her employer.
  168  However, a firefighter who enters the DROP and who is otherwise
  169  eligible to participate may shall not thereby be precluded from
  170  participation or continued participation participating, or
  171  continuing to participate, in a supplemental plan in existence
  172  on, or created after, March 12, 1999 the effective date of this
  173  act.
  174         (8) “Defined contribution plan” means the component of a
  175  local law plan, as provided in s. 175.351(1), to which deposits,
  176  if any, are made to provide benefits for firefighters, or for
  177  firefighters and police officers if both are included. Such
  178  component is an element of a local law plan and exists in
  179  conjunction with the defined benefit component that meets the
  180  minimum benefits and minimum standards of this chapter. The
  181  retirement benefits, if any, of the defined contribution plan
  182  shall be provided through individual member accounts in
  183  accordance with the applicable provisions of the Internal
  184  Revenue Code and related regulations and are limited to the
  185  contributions, if any, made into each member’s account and the
  186  actual accumulated earnings, net of expenses, earned on the
  187  member’s account.
  188         (9)(6) “Division” means the Division of Retirement of the
  189  Department of Management Services.
  190         (10)(7) “Enrolled actuary” means an actuary who is enrolled
  191  under Subtitle C of Title III of the Employee Retirement Income
  192  Security Act of 1974 and who is a member of the Society of
  193  Actuaries or the American Academy of Actuaries.
  194         (11)(8)(a) “Firefighter” means a person employed solely by
  195  a constituted fire department of any municipality or special
  196  fire control district who is certified as a firefighter as a
  197  condition of employment in accordance with s. 633.408 and whose
  198  duty it is to extinguish fires, to protect life, or to protect
  199  property. The term includes all certified, supervisory, and
  200  command personnel whose duties include, in whole or in part, the
  201  supervision, training, guidance, and management responsibilities
  202  of full-time firefighters, part-time firefighters, or auxiliary
  203  firefighters but does not include part-time firefighters or
  204  auxiliary firefighters. However, for purposes of this chapter
  205  only, the term also includes public safety officers who are
  206  responsible for performing both police and fire services, who
  207  are certified as police officers or firefighters, and who are
  208  certified by their employers to the Chief Financial Officer as
  209  participating in this chapter before October 1, 1979. Effective
  210  October 1, 1979, public safety officers who have not been
  211  certified as participating in this chapter are considered police
  212  officers for retirement purposes and are eligible to participate
  213  in chapter 185. Any plan may provide that the fire chief has an
  214  option to participate, or not, in that plan.
  215         (b) “Volunteer firefighter” means any person whose name is
  216  carried on the active membership roll of a constituted volunteer
  217  fire department or a combination of a paid and volunteer fire
  218  department of any municipality or special fire control district
  219  and whose duty it is to extinguish fires, to protect life, and
  220  to protect property. Compensation for services rendered by a
  221  volunteer firefighter does shall not disqualify him or her as a
  222  volunteer. A person may shall not be disqualified as a volunteer
  223  firefighter solely because he or she has other gainful
  224  employment. Any person who volunteers assistance at a fire but
  225  is not an active member of a department described herein is not
  226  a volunteer firefighter within the meaning of this paragraph.
  227         (12)(9) “Firefighters’ Pension Trust Fund” means a trust
  228  fund, by whatever name known, as provided under s. 175.041, for
  229  the purpose of assisting municipalities and special fire control
  230  districts in establishing and maintaining a retirement plan for
  231  firefighters.
  232         (13)(10) “Local law municipality” is any municipality in
  233  which there exists a local law plan exists.
  234         (14)(11) “Local law plan” means a retirement defined
  235  benefit pension plan, that includes both a defined benefit plan
  236  component and a defined contribution plan component, for
  237  firefighters, or for firefighters and or police officers if both
  238  are where included, as described in s. 175.351, established by
  239  municipal ordinance, special district resolution, or special act
  240  of the Legislature, which enactment sets forth all plan
  241  provisions. Local law plan provisions may vary from the
  242  provisions of this chapter if the, provided that required
  243  minimum benefits and minimum standards of this chapter are met.
  244  However, any such variance must shall provide a greater benefit
  245  for firefighters. Actuarial valuations of local law plans shall
  246  be conducted by an enrolled actuary as provided in s.
  247  175.261(2).
  248         (15)(12) “Local law special fire control district” means is
  249  any special fire control district in which there exists a local
  250  law plan exists.
  251         (16) “Minimum benefits” means the benefits set forth in ss.
  252  175.021-175.341 and ss. 175.361-175.401.
  253         (17) “Minimum standards” means the standards set forth in
  254  ss. 175.021-175.401.
  255         (18)(13) “Property insurance” means property insurance as
  256  defined in s. 624.604 and covers real and personal property
  257  within the corporate limits of a any municipality, or within the
  258  boundaries of a any special fire control district, within the
  259  state. The term “multiple peril” means a combination or package
  260  policy that includes both property and casualty coverage for a
  261  single premium.
  262         (19)(14) “Retiree” or “retired firefighter” means a
  263  firefighter who has entered retirement status. For the purposes
  264  of a plan that includes a Deferred Retirement Option Plan
  265  (DROP), a firefighter who enters the DROP is shall be considered
  266  a retiree for all purposes of the plan. However, a firefighter
  267  who enters the DROP and who is otherwise eligible to participate
  268  may shall not thereby be precluded from participation or
  269  continued participation participating, or continuing to
  270  participate, in a supplemental plan in existence on, or created
  271  after, March 12, 1999 the effective date of this act.
  272         (20)(15) “Retirement” means a firefighter’s separation from
  273  municipal city or fire district employment as a firefighter with
  274  immediate eligibility for receipt of benefits under the plan.
  275  For purposes of a plan that includes a Deferred Retirement
  276  Option Plan (DROP), “retirement” means the date a firefighter
  277  enters the DROP.
  278         (21) “Special act plan” means a plan subject to the
  279  provisions of this chapter which was created by an act of the
  280  Legislature and continues to require an act of the Legislature
  281  to alter plan benefits.
  282         (22) “Special benefits” means benefits provided in a
  283  defined contribution plan for firefighters.
  284         (23)(16) “Special fire control district” means a special
  285  district, as defined in s. 189.403(1), established for the
  286  purposes of extinguishing fires, protecting life, and protecting
  287  property within the incorporated or unincorporated portions of a
  288  any county or combination of counties, or within any combination
  289  of incorporated and unincorporated portions of a any county or
  290  combination of counties. The term does not include any dependent
  291  or independent special district, as those terms are defined in
  292  s. 189.403, whose s. 189.403(2) and (3), respectively, the
  293  employees of which are members of the Florida Retirement System
  294  pursuant to s. 121.051(1) or (2).
  295         (24)(17) “Supplemental plan” means a plan to which deposits
  296  are made to provide special extra benefits for firefighters, or
  297  for firefighters and police officers if both are where included
  298  under this chapter. Such a plan is an element of a local law
  299  plan and exists in conjunction with a defined benefit component
  300  plan that meets the minimum benefits and minimum standards of
  301  this chapter. Any supplemental plan in existence on March 1,
  302  2014, shall be deemed to be a defined contribution plan in
  303  compliance with s. 175.351(6).
  304         (25)(18) “Supplemental plan municipality” means a any local
  305  law municipality in which any there existed a supplemental plan
  306  existed, of any type or nature, as of December 1, 2000.
  307         Section 15. Subsection (7) of section 175.071, Florida
  308  Statutes, is amended to read:
  309         175.071 General powers and duties of board of trustees.—For
  310  any municipality, special fire control district, chapter plan,
  311  local law municipality, local law special fire control district,
  312  or local law plan under this chapter:
  313         (7) To assist the board in meeting its responsibilities
  314  under this chapter, the board, if it so elects, may:
  315         (a) Employ independent legal counsel at the pension fund’s
  316  expense.
  317         (b) Employ an independent enrolled actuary, as defined in
  318  s. 175.032(7), at the pension fund’s expense.
  319         (c) Employ such independent professional, technical, or
  320  other advisers as it deems necessary at the pension fund’s
  321  expense.
  322  
  323  If the board chooses to use the municipality’s or special
  324  district’s legal counsel or actuary, or chooses to use any of
  325  the municipality’s or special district’s other professional,
  326  technical, or other advisers, it must do so only under terms and
  327  conditions acceptable to the board.
  328         Section 16. Paragraph (d) of subsection (1) of section
  329  175.091, Florida Statutes, is amended to read:
  330         175.091 Creation and maintenance of fund.—For any
  331  municipality, special fire control district, chapter plan, local
  332  law municipality, local law special fire control district, or
  333  local law plan under this chapter:
  334         (1) The firefighters’ pension trust fund in each
  335  municipality and in each special fire control district shall be
  336  created and maintained in the following manner:
  337         (d) By mandatory payment by the municipality or special
  338  fire control district of a sum equal to the normal cost of and
  339  the amount required to fund any actuarial deficiency shown by an
  340  actuarial valuation conducted under as provided in part VII of
  341  chapter 112 after taking into account the amounts described in
  342  paragraphs (b), (c), (e), (f), and (g) and the tax proceeds
  343  described in paragraph (a) which are used to fund defined
  344  benefit plan benefits.
  345  
  346  Nothing in this section shall be construed to require adjustment
  347  of member contribution rates in effect on the date this act
  348  becomes a law, including rates that exceed 5 percent of salary,
  349  provided that such rates are at least one-half of 1 percent of
  350  salary.
  351         Section 17. Paragraph (a) of subsection (2) of section
  352  175.162, Florida Statutes, is amended to read:
  353         175.162 Requirements for retirement.—For any municipality,
  354  special fire control district, chapter plan, local law
  355  municipality, local law special fire control district, or local
  356  law plan under this chapter, any firefighter who completes 10 or
  357  more years of creditable service as a firefighter and attains
  358  age 55, or completes 25 years of creditable service as a
  359  firefighter and attains age 52, and who for such minimum period
  360  has been a member of the firefighters’ pension trust fund
  361  operating under a chapter plan or local law plan, is eligible
  362  for normal retirement benefits. Normal retirement under the plan
  363  is retirement from the service of the municipality or special
  364  fire control district on or after the normal retirement date. In
  365  such event, payment of retirement income will be governed by the
  366  following provisions of this section:
  367         (2)(a)1. The amount of monthly retirement income payable to
  368  a full-time firefighter who retires on or after his or her
  369  normal retirement date shall be an amount equal to the number of
  370  his or her years of credited service multiplied by 2.75 2
  371  percent of his or her average final compensation as a full-time
  372  firefighter. However, if current state contributions pursuant to
  373  this chapter are not adequate to fund the additional benefits to
  374  meet the minimum requirements in this chapter, only such
  375  incremental increases shall be required as state moneys are
  376  adequate to provide. Such increments shall be provided as state
  377  moneys become available.
  378         2. Effective July 1, 2014, a plan that is in compliance
  379  with this chapter except that the plan provides a benefit that
  380  is less than 2.75 percent of the average final compensation of a
  381  full-time firefighter for all years of credited service, as
  382  provided in subparagraph 1., or provides an effective benefit
  383  that is below 2.75 percent as a result of a maximum benefit
  384  limitation, must maintain, at a minimum, the percentage amount
  385  or maximum benefit limitation in effect on July 1, 2014, and is
  386  not required to increase the benefit to 2.75 percent of the
  387  average final compensation of a full-time firefighter for all
  388  years of credited service.
  389         3. Effective July 1, 2014, a plan that is in compliance
  390  with this chapter except that the plan provides a benefit that
  391  is less than 2.75 percent of the average final compensation of a
  392  full-time firefighter for all years of credited service, as
  393  provided in subparagraph 1., or provides an effective benefit
  394  that is below 2.75 percent as a result of a maximum benefit
  395  limitation, and which changes the percentage amount or maximum
  396  benefit limitation to 2.75 percent, or greater, of the average
  397  final compensation of a full-time firefighter for all years of
  398  credited service, as provided in subparagraph 1., may not
  399  thereafter decrease the percentage amount or maximum benefit
  400  limitation to less than 2.75 percent of the average final
  401  compensation of a full-time firefighter for all years of
  402  credited service, as provided in subparagraph 1.
  403         Section 18. Section 175.351, Florida Statutes, is amended
  404  to read:
  405         175.351 Municipalities and special fire control districts
  406  that have having their own retirement pension plans for
  407  firefighters.—For any municipality, special fire control
  408  district, local law municipality, local law special fire control
  409  district, or local law plan under this chapter, In order for a
  410  municipality or municipalities and special fire control district
  411  that has its districts with their own retirement plan pension
  412  plans for firefighters, or for firefighters and police officers
  413  if both are included, to participate in the distribution of the
  414  tax fund established under pursuant to s. 175.101, a local law
  415  plan plans must meet the minimum benefits and minimum standards
  416  set forth in this chapter, except as provided in the mutual
  417  consent provisions in paragraph (1)(g) with respect to the
  418  minimum benefits not met as of October 1, 2012.
  419         (1) If a municipality has a retirement pension plan for
  420  firefighters, or a pension plan for firefighters and police
  421  officers if both are included, which in the opinion of the
  422  division meets the minimum benefits and minimum standards set
  423  forth in this chapter, the board of trustees of the pension plan
  424  must, as approved by a majority of firefighters of the
  425  municipality, may:
  426         (a) place the income from the premium tax in s. 175.101 in
  427  such pension plan for the sole and exclusive use of its
  428  firefighters, or for firefighters and police officers if both
  429  are included, where it shall become an integral part of that
  430  pension plan and shall be used to fund benefits as provided
  431  herein. Effective October 1, 2014, for noncollectively bargained
  432  service or upon entering into a collective bargaining agreement
  433  on or after July 1, 2014:
  434         (a) The base premium tax revenues must be used to fund
  435  minimum benefits or other retirement benefits in excess of the
  436  minimum benefits as determined by the municipality or special
  437  fire control district.
  438         (b) Of the additional premium tax revenues received which
  439  are in excess of the amount received for the 2012 calendar year,
  440  50 percent must be used to fund minimum benefits or other
  441  retirement benefits in excess of the minimum benefits as
  442  determined by the municipality or special fire control district,
  443  and 50 percent must be placed in a defined contribution plan to
  444  fund special benefits.
  445         (c) Additional premium tax revenues not described in
  446  paragraph (b) must be used to fund benefits that are not
  447  included in the minimum benefits. If the additional premium tax
  448  revenues subject to this paragraph exceed the full annual cost
  449  of benefits provided through the plan which are in excess of the
  450  minimum benefits, any amount in excess of the full annual cost
  451  must be used as provided in paragraph (b).
  452         (d) Of any accumulations of additional premium tax revenues
  453  which have not been allocated to fund benefits in excess of the
  454  minimum benefits, 50 percent of the amount of the accumulations
  455  must be used to fund special benefits, and 50 percent must be
  456  applied to fund any unfunded actuarial liabilities of the plan;
  457  provided that any amount of accumulations in excess of the
  458  amount required to fund the unfunded actuarial liabilities must
  459  be used to fund special benefits to pay extra benefits to the
  460  firefighters included in that pension plan; or
  461         (b) Place the income from the premium tax in s. 175.101 in
  462  a separate supplemental plan to pay extra benefits to
  463  firefighters, or to firefighters and police officers if
  464  included, participating in such separate supplemental plan.
  465         (e) For a plan created after March 1, 2014, 50 percent of
  466  the insurance premium tax revenues must be used to fund defined
  467  benefit plan component benefits, with the remainder used to fund
  468  defined contribution plan component benefits.
  469         (f) If a plan offers benefits in excess of the minimum
  470  benefits, such benefits, excluding supplemental plan benefits in
  471  effect as of September 30, 2013, may be reduced if the plan
  472  continues to meet the minimum benefits and the minimum standards
  473  set forth in this chapter. The amount of insurance premium tax
  474  revenues previously used to fund benefits in excess of minimum
  475  benefits, excluding the amount of any additional premium tax
  476  revenues distributed to a supplemental plan for calendar year
  477  2012, before the reduction must be used as provided in paragraph
  478  (b). However, benefits in excess of the minimum benefits may not
  479  be reduced if a plan does not meet the minimum percentage amount
  480  of 2.75 percent, or greater, of the average final compensation
  481  of a full-time firefighter, as provided in s. 175.162(2)(a)1.,
  482  or provides an effective benefit that is below 2.75 percent as a
  483  result of a maximum benefit limitation, as described in s.
  484  175.162(2)(a)2.
  485         (g) Notwithstanding paragraphs (a)-(f), the use of premium
  486  tax revenues, including any accumulations of additional premium
  487  tax revenues which have not been allocated to fund benefits in
  488  excess of the minimum benefits, may deviate from the provisions
  489  of this subsection by mutual consent of the members’ collective
  490  bargaining representative or, if none, by majority consent of
  491  the firefighter members of the fund, and by consent of the
  492  municipality or special fire control district, provided that the
  493  plan continues to meet the minimum benefits and minimum
  494  standards of this chapter; however, a plan that operates
  495  pursuant to this paragraph which does not meet the minimum
  496  benefits as of October 1, 2012, may continue to provide the
  497  benefits that do not meet the minimum benefits at the same level
  498  as was provided as of October 1, 2012, and all other benefit
  499  levels must continue to meet the minimum benefits. Such mutually
  500  agreed deviation shall continue until modified or revoked by
  501  subsequent mutual consent of the members’ collective bargaining
  502  representative or, if none, by a majority of the firefighter
  503  members of the fund, and the municipality or special fire
  504  control district. An existing arrangement for the use of premium
  505  tax revenues contained within a special act plan or a plan
  506  within a supplemental plan municipality is considered, as of
  507  July 1, 2014, to be a deviation for which mutual consent has
  508  been granted.
  509         (2) The premium tax provided by this chapter shall in all
  510  cases be used in its entirety to provide retirement extra
  511  benefits to firefighters, or to firefighters and police officers
  512  if both are included. However, local law plans in effect on
  513  October 1, 1998, must comply with the minimum benefit provisions
  514  of this chapter only to the extent that additional premium tax
  515  revenues become available to incrementally fund the cost of such
  516  compliance as provided in s. 175.162(2)(a). If a plan is in
  517  compliance with such minimum benefit provisions, as subsequent
  518  additional premium tax revenues become available, they must be
  519  used to provide extra benefits. Local law plans created by
  520  special act before May 27, 1939, are deemed to comply with this
  521  chapter. For the purpose of this chapter, the term:
  522         (a) “Additional premium tax revenues” means revenues
  523  received by a municipality or special fire control district
  524  pursuant to s. 175.121 which exceed that amount received for
  525  calendar year 1997.
  526         (b) “Extra benefits” means benefits in addition to or
  527  greater than those provided to general employees of the
  528  municipality and in addition to those in existence for
  529  firefighters on March 12, 1999.
  530         (3) A retirement plan or amendment to a retirement plan may
  531  not be proposed for adoption unless the proposed plan or
  532  amendment contains an actuarial estimate of the costs involved.
  533  Such proposed plan or proposed plan change may not be adopted
  534  without the approval of the municipality, special fire control
  535  district, or, where required permitted, the Legislature. Copies
  536  of the proposed plan or proposed plan change and the actuarial
  537  impact statement of the proposed plan or proposed plan change
  538  shall be furnished to the division before the last public
  539  hearing on the proposal is held thereon. Such statement must
  540  also indicate whether the proposed plan or proposed plan change
  541  is in compliance with s. 14, Art. X of the State Constitution
  542  and those provisions of part VII of chapter 112 which are not
  543  expressly provided in this chapter. Notwithstanding any other
  544  provision, only those local law plans created by special act of
  545  legislation before May 27, 1939, are deemed to meet the minimum
  546  benefits and minimum standards only in this chapter.
  547         (4) Notwithstanding any other provision, with respect to
  548  any supplemental plan municipality:
  549         (a) A local law plan and a supplemental plan may continue
  550  to use their definition of compensation or salary in existence
  551  on March 12, 1999.
  552         (b) Section 175.061(1)(b) does not apply, and a local law
  553  plan and a supplemental plan shall continue to be administered
  554  by a board or boards of trustees numbered, constituted, and
  555  selected as the board or boards were numbered, constituted, and
  556  selected on December 1, 2000.
  557         (c) The election set forth in paragraph (1)(b) is deemed to
  558  have been made.
  559         (5) The retirement plan setting forth the benefits and the
  560  trust agreement, if any, covering the duties and
  561  responsibilities of the trustees and the regulations of the
  562  investment of funds must be in writing, and copies made
  563  available to the participants and to the general public.
  564         (6) In addition to the defined benefit component of the
  565  local law plan, each plan sponsor must have a defined
  566  contribution plan component within the local law plan by October
  567  1, 2014, for noncollectively bargained service, upon entering
  568  into a collective bargaining agreement on or after July 1, 2014,
  569  or upon the creation date of a new participating plan. Depending
  570  upon the application of subsection (1), a defined contribution
  571  component may or may not receive any funding.
  572         (7) Notwithstanding any other provision of this chapter, a
  573  municipality or special fire control district that has
  574  implemented or proposed changes to a local law plan based on the
  575  municipality’s or district’s reliance on an interpretation of
  576  this chapter by the Department of Management Services on or
  577  after August 14, 2012, and before March 4, 2014, may continue
  578  the implemented changes or continue to implement proposed
  579  changes. Such reliance must be evidenced by a written collective
  580  bargaining proposal or agreement, or formal correspondence
  581  between the municipality or district and the Department of
  582  Management Services which describes the specific changes to the
  583  local law plan, with the initial proposal, agreement, or
  584  correspondence from the municipality or district dated before
  585  March 4, 2014. Changes to the local law plan which are otherwise
  586  contrary to the minimum benefits and minimum standards in this
  587  chapter may continue in effect until the earlier of October 1,
  588  2017, or the effective date of a collective bargaining agreement
  589  that is contrary to the changes to the local law plan.
  590         Section 19. Subsection (2) of section 185.01, Florida
  591  Statutes, is amended to read:
  592         185.01 Legislative declaration.—
  593         (2) This chapter hereby establishes, for all municipal
  594  pension plans now or hereinafter provided for under this
  595  chapter, including chapter plans and local law plans, minimum
  596  benefits and minimum standards for the operation and funding of
  597  such plans, hereinafter referred to as municipal police
  598  officers’ retirement trust funds, which must be met as
  599  conditions precedent to the plans or plan sponsors receiving a
  600  distribution of insurance premium tax revenues under s. 185.10.
  601  The minimum benefits and minimum standards for each plan as set
  602  forth in this chapter may not be diminished by local ordinance
  603  or by special act of the Legislature and may not, nor may the
  604  minimum benefits or minimum standards be reduced or offset by
  605  any other local, state, or federal plan that includes may
  606  include police officers in its operation, except as provided
  607  under s. 112.65.
  608         Section 20. Section 185.02, Florida Statutes, is amended to
  609  read:
  610         185.02 Definitions.—For any municipality, chapter plan,
  611  local law municipality, or local law plan under this chapter,
  612  the term following words and phrases as used in this chapter
  613  shall have the following meanings, unless a different meaning is
  614  plainly required by the context:
  615         (1) “Additional premium tax revenues” means revenues
  616  received by a municipality pursuant to s. 185.10 which exceed
  617  base premium tax revenues.
  618         (2)(1) “Average final compensation” means one-twelfth of
  619  the average annual compensation of the 5 best years of the last
  620  10 years of creditable service prior to retirement, termination,
  621  or death.
  622         (3) “Base premium tax revenues” means:
  623         (a) For a local law plan in effect on October 1, 1998, the
  624  revenues received by a municipality pursuant to s. 185.10 for
  625  the calendar year 1997.
  626         (b) For a local law plan created between October 1, 1998,
  627  and March 1, 2014, inclusive, the revenues received by a
  628  municipality pursuant to s. 185.10 based upon the tax
  629  collections during the second calendar year of participation.
  630         (4)(2) “Casualty insurance” means automobile public
  631  liability and property damage insurance to be applied at the
  632  place of residence of the owner, or if the subject is a
  633  commercial vehicle, to be applied at the place of business of
  634  the owner; automobile collision insurance; fidelity bonds;
  635  burglary and theft insurance; and plate glass insurance. The
  636  term “multiple peril” means a combination or package policy that
  637  includes both property coverage and casualty coverage for a
  638  single premium.
  639         (5)(3) “Chapter plan” means a separate defined benefit
  640  pension plan for police officers which incorporates by reference
  641  the provisions of this chapter and has been adopted by the
  642  governing body of a municipality as provided in s. 185.08.
  643  Except as may be specifically authorized in this chapter, the
  644  provisions of a chapter plan may not differ from the plan
  645  provisions set forth in ss. 185.01-185.341 and ss. 185.37
  646  185.39. Actuarial valuations of chapter plans shall be conducted
  647  by the division as provided by s. 185.221(1)(b).
  648         (6)(4) “Compensation” or “salary” means, for
  649  noncollectively bargained service earned before July 1, 2011, or
  650  for service earned under collective bargaining agreements in
  651  place before July 1, 2011, the total cash remuneration including
  652  “overtime” paid by the primary employer to a police officer for
  653  services rendered, but not including any payments for extra duty
  654  or special detail work performed on behalf of a second party
  655  employer. Overtime may be limited prior to July 1, 2011, in a
  656  local law plan by the plan provisions A local law plan may limit
  657  the amount of overtime payments which can be used for retirement
  658  benefit calculation purposes; however, such overtime limit may
  659  not be less than 300 hours per officer per calendar year. For
  660  noncollectively bargained service earned on or after July 1,
  661  2011, or for service earned under collective bargaining
  662  agreements entered into on or after July 1, 2011, the term has
  663  the same meaning except that when calculating retirement
  664  benefits, up to 300 hours per year in overtime compensation may
  665  be included as specified in the plan or collective bargaining
  666  agreement, but payments for accrued unused sick or annual leave
  667  may not be included.
  668         (a) Any retirement trust fund or plan that meets the
  669  requirements of this chapter does not, solely by virtue of this
  670  subsection, reduce or diminish the monthly retirement income
  671  otherwise payable to each police officer covered by the
  672  retirement trust fund or plan.
  673         (b) The member’s compensation or salary contributed as
  674  employee-elective salary reductions or deferrals to any salary
  675  reduction, deferred compensation, or tax-sheltered annuity
  676  program authorized under the Internal Revenue Code shall be
  677  deemed to be the compensation or salary the member would receive
  678  if he or she were not participating in such program and shall be
  679  treated as compensation for retirement purposes under this
  680  chapter.
  681         (c) For any person who first becomes a member in any plan
  682  year beginning on or after January 1, 1996, compensation for
  683  that plan year may not include any amounts in excess of the
  684  Internal Revenue Code s. 401(a)(17) limitation, as amended by
  685  the Omnibus Budget Reconciliation Act of 1993, which limitation
  686  of $150,000 shall be adjusted as required by federal law for
  687  qualified government plans and shall be further adjusted for
  688  changes in the cost of living in the manner provided by Internal
  689  Revenue Code s. 401(a)(17)(B). For any person who first became a
  690  member before the first plan year beginning on or after January
  691  1, 1996, the limitation on compensation may not be less than the
  692  maximum compensation amount that was allowed to be taken into
  693  account under the plan as in effect on July 1, 1993, which
  694  limitation shall be adjusted for changes in the cost of living
  695  since 1989 in the manner provided by Internal Revenue Code s.
  696  401(a)(17)(1991).
  697         (7)(5) “Creditable service” or “credited service” means the
  698  aggregate number of years of service and fractional parts of
  699  years of service of any police officer, omitting intervening
  700  years and fractional parts of years when such police officer may
  701  not have been employed by the municipality subject to the
  702  following conditions:
  703         (a) A No police officer may not will receive credit for
  704  years or fractional parts of years of service if he or she has
  705  withdrawn his or her contributions to the fund for those years
  706  or fractional parts of years of service, unless the police
  707  officer repays into the fund the amount he or she has withdrawn,
  708  plus interest as determined by the board. The member has shall
  709  have at least 90 days after his or her reemployment to make
  710  repayment.
  711         (b) A police officer may voluntarily leave his or her
  712  contributions in the fund for a period of 5 years after leaving
  713  the employ of the police department, pending the possibility of
  714  his or her being rehired by the same department, without losing
  715  credit for the time he or she has participated actively as a
  716  police officer. If he or she is not reemployed as a police
  717  officer with the same department within 5 years, his or her
  718  contributions shall be returned to him or her without interest.
  719         (c) Credited service under this chapter shall be provided
  720  only for service as a police officer, as defined in subsection
  721  (11), or for military service and may not include credit for any
  722  other type of service. A municipality may, by local ordinance,
  723  may provide for the purchase of credit for military service
  724  occurring before employment as well as prior service as a police
  725  officer for some other employer as long as the police officer is
  726  not entitled to receive a benefit for such other prior service
  727  as a police officer. For purposes of determining credit for
  728  prior service, in addition to service as a police officer in
  729  this state, credit may be given for federal, other state, or
  730  county service as long as such service is recognized by the
  731  Criminal Justice Standards and Training Commission within the
  732  Department of Law Enforcement as provided in under chapter 943
  733  or the police officer provides proof to the board of trustees
  734  that such service is equivalent to the service required to meet
  735  the definition of a police officer under subsection (16) (11).
  736         (d) In determining the creditable service of a any police
  737  officer, credit for up to 5 years of the time spent in the
  738  military service of the Armed Forces of the United States shall
  739  be added to the years of actual service, if:
  740         1. The police officer is in the active employ of the
  741  municipality before prior to such service and leaves a position,
  742  other than a temporary position, for the purpose of voluntary or
  743  involuntary service in the Armed Forces of the United States.
  744         2. The police officer is entitled to reemployment under the
  745  provisions of the Uniformed Services Employment and Reemployment
  746  Rights Act.
  747         3. The police officer returns to his or her employment as a
  748  police officer of the municipality within 1 year after from the
  749  date of his or her release from such active service.
  750         (8)(6) “Deferred Retirement Option Plan” or “DROP” means a
  751  local law plan retirement option in which a police officer may
  752  elect to participate. A police officer may retire for all
  753  purposes of the plan and defer receipt of retirement benefits
  754  into a DROP account while continuing employment with his or her
  755  employer. However, a police officer who enters the DROP and who
  756  is otherwise eligible to participate may shall not thereby be
  757  precluded from participation or continued participation
  758  participating, or continuing to participate, in a supplemental
  759  plan in existence on, or created after, March 12, 1999 the
  760  effective date of this act.
  761         (9) “Defined contribution plan” means the component of a
  762  local law plan, as provided in s. 185.35(1), to which deposits,
  763  if any, are made to provide benefits for police officers, or for
  764  police officers and firefighters if both are included. Such
  765  component is an element of a local law plan and exists in
  766  conjunction with the defined benefit component that meets the
  767  minimum benefits and minimum standards of this chapter. The
  768  retirement benefits, if any, of the defined contribution plan
  769  shall be provided through individual member accounts in
  770  accordance with the applicable provisions of the Internal
  771  Revenue Code and related regulations and are limited to the
  772  contributions, if any, made into each member’s account and the
  773  actual accumulated earnings, net of expenses, earned on the
  774  member’s account.
  775         (10)(7) “Division” means the Division of Retirement of the
  776  Department of Management Services.
  777         (11)(8) “Enrolled actuary” means an actuary who is enrolled
  778  under Subtitle C of Title III of the Employee Retirement Income
  779  Security Act of 1974 and who is a member of the Society of
  780  Actuaries or the American Academy of Actuaries.
  781         (12)(9) “Local law municipality” means is any municipality
  782  in which there exists a local law plan exists.
  783         (13)(10) “Local law plan” means a retirement defined
  784  benefit pension plan, that includes both a defined benefit plan
  785  component and a defined contribution plan component, for police
  786  officers, or for police officers and firefighters if both are,
  787  where included, as described in s. 185.35, established by
  788  municipal ordinance or special act of the Legislature, which
  789  enactment sets forth all plan provisions. Local law plan
  790  provisions may vary from the provisions of this chapter if the,
  791  provided that required minimum benefits and minimum standards of
  792  this chapter are met. However, any such variance must shall
  793  provide a greater benefit for police officers. Actuarial
  794  valuations of local law plans shall be conducted by an enrolled
  795  actuary as provided in s. 185.221(2)(b).
  796         (14) “Minimum benefits” means the benefits set forth in ss.
  797  185.01-185.341 and ss. 185.37-185.50.
  798         (15) “Minimum standards” means the standards set forth in
  799  ss. 185.01-185.50.
  800         (16)(11) “Police officer” means any person who is elected,
  801  appointed, or employed full time by a any municipality, who is
  802  certified or required to be certified as a law enforcement
  803  officer in compliance with s. 943.1395, who is vested with
  804  authority to bear arms and make arrests, and whose primary
  805  responsibility is the prevention and detection of crime or the
  806  enforcement of the penal, criminal, traffic, or highway laws of
  807  the state. The term This definition includes all certified
  808  supervisory and command personnel whose duties include, in whole
  809  or in part, the supervision, training, guidance, and management
  810  responsibilities of full-time law enforcement officers, part
  811  time law enforcement officers, or auxiliary law enforcement
  812  officers, but does not include part-time law enforcement
  813  officers or auxiliary law enforcement officers as those terms
  814  the same are defined in s. 943.10(6) and (8), respectively. For
  815  the purposes of this chapter only, the term also includes
  816  “police officer” also shall include a public safety officer who
  817  is responsible for performing both police and fire services. Any
  818  plan may provide that the police chief shall have an option to
  819  participate, or not, in that plan.
  820         (17)(12) “Police Officers’ Retirement Trust Fund” means a
  821  trust fund, by whatever name known, as provided under s. 185.03
  822  for the purpose of assisting municipalities in establishing and
  823  maintaining a retirement plan for police officers.
  824         (18)(13) “Retiree” or “retired police officer” means a
  825  police officer who has entered retirement status. For the
  826  purposes of a plan that includes a Deferred Retirement Option
  827  Plan (DROP), a police officer who enters the DROP is shall be
  828  considered a retiree for all purposes of the plan. However, a
  829  police officer who enters the DROP and who is otherwise eligible
  830  to participate may shall not thereby be precluded from
  831  participating, or continuing to participate, in a supplemental
  832  plan in existence on, or created after, March 12, 1999 the
  833  effective date of this act.
  834         (19)(14) “Retirement” means a police officer’s separation
  835  from municipal city employment as a police officer with
  836  immediate eligibility for receipt of benefits under the plan.
  837  For purposes of a plan that includes a Deferred Retirement
  838  Option Plan (DROP), “retirement” means the date a police officer
  839  enters the DROP.
  840         (20) “Special act plan” means a plan subject to the
  841  provisions of this chapter which was created by an act of the
  842  Legislature and continues to require an act of the Legislature
  843  to alter plan benefits.
  844         (21) “Special benefits” means benefits provided in a
  845  defined contribution plan for police officers.
  846         (22)(15) “Supplemental plan” means a plan to which deposits
  847  of the premium tax moneys as provided in s. 185.08 are made to
  848  provide special extra benefits to police officers, or police
  849  officers and firefighters if both are where included, under this
  850  chapter. Such a plan is an element of a local law plan and
  851  exists in conjunction with a defined benefit component plan that
  852  meets the minimum benefits and minimum standards of this
  853  chapter. Any supplemental plan in existence on March 1, 2014,
  854  shall be deemed to be a defined contribution plan in compliance
  855  with s. 185.35(6).
  856         (23)(16) “Supplemental plan municipality” means a any local
  857  law municipality in which there existed a supplemental plan
  858  existed as of December 1, 2000.
  859         Section 21. Subsection (6) of section 185.06, Florida
  860  Statutes, is amended to read:
  861         185.06 General powers and duties of board of trustees.—For
  862  any municipality, chapter plan, local law municipality, or local
  863  law plan under this chapter:
  864         (6) To assist the board in meeting its responsibilities
  865  under this chapter, the board, if it so elects, may:
  866         (a) Employ independent legal counsel at the pension fund’s
  867  expense.
  868         (b) Employ an independent enrolled actuary, as defined in
  869  s. 185.02(8), at the pension fund’s expense.
  870         (c) Employ such independent professional, technical, or
  871  other advisers as it deems necessary at the pension fund’s
  872  expense.
  873  
  874  If the board chooses to use the municipality’s or special
  875  district’s legal counsel or actuary, or chooses to use any of
  876  the municipality’s other professional, technical, or other
  877  advisers, it must do so only under terms and conditions
  878  acceptable to the board.
  879         Section 22. Paragraph (d) of subsection (1) of section
  880  185.07, Florida Statutes, is amended to read:
  881         185.07 Creation and maintenance of fund.—For any
  882  municipality, chapter plan, local law municipality, or local law
  883  plan under this chapter:
  884         (1) The municipal police officers’ retirement trust fund in
  885  each municipality described in s. 185.03 shall be created and
  886  maintained in the following manner:
  887         (d) By payment by the municipality or other sources of a
  888  sum equal to the normal cost and the amount required to fund any
  889  actuarial deficiency shown by an actuarial valuation conducted
  890  under as provided in part VII of chapter 112 after taking into
  891  account the amounts described in paragraphs (b), (c), (e), (f),
  892  and (g) and the tax proceeds described in paragraph (a) which
  893  are used to fund defined benefit plan benefits.
  894  
  895  Nothing in this section shall be construed to require adjustment
  896  of member contribution rates in effect on the date this act
  897  becomes a law, including rates that exceed 5 percent of salary,
  898  provided that such rates are at least one-half of 1 percent of
  899  salary.
  900         Section 23. Subsection (2) of section 185.16, Florida
  901  Statutes, is amended to read:
  902         185.16 Requirements for retirement.—For any municipality,
  903  chapter plan, local law municipality, or local law plan under
  904  this chapter, any police officer who completes 10 or more years
  905  of creditable service as a police officer and attains age 55, or
  906  completes 25 years of creditable service as a police officer and
  907  attains age 52, and for such period has been a member of the
  908  retirement fund is eligible for normal retirement benefits.
  909  Normal retirement under the plan is retirement from the service
  910  of the city on or after the normal retirement date. In such
  911  event, for chapter plans and local law plans, payment of
  912  retirement income will be governed by the following provisions
  913  of this section:
  914         (2)(a) The amount of the monthly retirement income payable
  915  to a police officer who retires on or after his or her normal
  916  retirement date shall be an amount equal to the number of the
  917  police officer’s years of credited service multiplied by 2.75 2
  918  percent of his or her average final compensation. However, if
  919  current state contributions pursuant to this chapter are not
  920  adequate to fund the additional benefits to meet the minimum
  921  requirements in this chapter, only increment increases shall be
  922  required as state moneys are adequate to provide. Such
  923  increments shall be provided as state moneys become available.
  924         (b) Effective July 1, 2014, a plan that is in compliance
  925  with this chapter except that the plan provides a benefit that
  926  is less than 2.75 percent of the average final compensation of a
  927  police officer for all years of credited service, as provided in
  928  paragraph (a), or provides an effective benefit that is below
  929  2.75 percent as a result of a maximum benefit limitation, must
  930  maintain, at a minimum, the percentage amount or maximum benefit
  931  limitation in effect on July 1, 2014, and is not required to
  932  increase the benefit to 2.75 percent of the average final
  933  compensation of a police officer for all years of credited
  934  service.
  935         (c) Effective July 1, 2014, a plan that is in compliance
  936  with this chapter except that the plan provides a benefit that
  937  is less than 2.75 percent of the average final compensation of a
  938  police officer for all years of credited service, as provided in
  939  paragraph (a), or provides an effective benefit that is below
  940  2.75 percent as a result of a maximum benefit limitation, and
  941  which changes the percentage amount or maximum benefit
  942  limitation to 2.75 percent, or greater, of the average final
  943  compensation of a police officer for all years of credited
  944  service, as provided in paragraph (a), may not thereafter
  945  decrease the percentage amount or the maximum benefit limitation
  946  to less than 2.75 percent of the average final compensation of a
  947  police officer for all years of credited service, as provided in
  948  paragraph (a).
  949         Section 24. Section 185.35, Florida Statutes, is amended to
  950  read:
  951         185.35 Municipalities that have having their own retirement
  952  pension plans for police officers.—For any municipality, chapter
  953  plan, local law municipality, or local law plan under this
  954  chapter, In order for a municipality that has its municipalities
  955  with their own retirement plan pension plans for police
  956  officers, or for police officers and firefighters if both are
  957  included, to participate in the distribution of the tax fund
  958  established under pursuant to s. 185.08, a local law plan plans
  959  must meet the minimum benefits and minimum standards set forth
  960  in this chapter, except as provided in the mutual consent
  961  provisions in paragraph (1)(g) with respect to the minimum
  962  benefits not met as of October 1, 2012.:
  963         (1) If a municipality has a retirement pension plan for
  964  police officers, or for police officers and firefighters if both
  965  are included, which, in the opinion of the division, meets the
  966  minimum benefits and minimum standards set forth in this
  967  chapter, the board of trustees of the pension plan must, as
  968  approved by a majority of police officers of the municipality,
  969  may:
  970         (a) place the income from the premium tax in s. 185.08 in
  971  such pension plan for the sole and exclusive use of its police
  972  officers, or its police officers and firefighters if both are
  973  included, where it shall become an integral part of that pension
  974  plan and shall be used to fund benefits as provided herein.
  975  Effective October 1, 2014, for noncollectively bargained service
  976  or upon entering into a collective bargaining agreement on or
  977  after July 1, 2014:
  978         (a) The base premium tax revenues must be used to fund
  979  minimum benefits or other retirement benefits in excess of the
  980  minimum benefits as determined by the municipality.
  981         (b) Of the additional premium tax revenues received which
  982  are in excess of the amount received for the 2012 calendar year,
  983  50 percent must be used to fund minimum benefits or other
  984  retirement benefits in excess of the minimum benefits as
  985  determined by the municipality, and 50 percent must be placed in
  986  a defined contribution plan to fund special benefits.
  987         (c) Additional premium tax revenues not described in
  988  paragraph (b) must be used to fund benefits that are not
  989  included in the minimum benefits. If the additional premium tax
  990  revenues subject to this paragraph exceed the full annual cost
  991  of benefits provided through the plan which are in excess of the
  992  minimum benefits, any amount in excess of the full annual cost
  993  must be used as provided in paragraph (b).
  994         (d) Of any accumulations of additional premium tax revenues
  995  which have not been allocated to fund benefits in excess of the
  996  minimum benefits, 50 percent of the amount of the accumulations
  997  must be used to fund special benefits and 50 percent must be
  998  applied to fund any unfunded actuarial liabilities of the plan;
  999  provided that any amount of accumulations in excess of the
 1000  amount required to fund the unfunded actuarial liabilities must
 1001  be used to fund special benefits pay extra benefits to the
 1002  police officers included in that pension plan; or
 1003         (b) May place the income from the premium tax in s. 185.08
 1004  in a separate supplemental plan to pay extra benefits to the
 1005  police officers, or police officers and firefighters if
 1006  included, participating in such separate supplemental plan.
 1007         (e) For a plan created after March 1, 2014, 50 percent of
 1008  the insurance premium tax revenues shall be used to fund defined
 1009  benefit plan component benefits, with the remainder used to fund
 1010  defined contribution plan component benefits.
 1011         (f) If a plan offers benefits in excess of the minimum
 1012  benefits, such benefits, excluding supplemental plan benefits in
 1013  effect as of September 30, 2013, may be reduced if the plan
 1014  continues to meet the minimum benefits and the minimum standards
 1015  set forth in this chapter. The amount of insurance premium tax
 1016  revenues previously used to fund benefits in excess of the
 1017  minimum benefits, excluding the amount of any additional premium
 1018  tax revenues distributed to a supplemental plan for calendar
 1019  year 2012, before the reduction must be used as provided in
 1020  paragraph (b). However, benefits in excess of the minimum
 1021  benefits may not be reduced if a plan does not meet the minimum
 1022  percentage amount of 2.75 percent, or greater, of the average
 1023  final compensation of a police officer, as provided in s.
 1024  185.16(2)(a), or provides an effective benefit that is below
 1025  2.75 percent as a result of a maximum benefit limitation, as
 1026  described in s. 185.16(2)(b).
 1027         (g) Notwithstanding paragraphs (a)-(f), the use of premium
 1028  tax revenues, including any accumulations of additional premium
 1029  tax revenues which have not been allocated to fund benefits in
 1030  excess of the minimum benefits, may deviate from the provisions
 1031  of this subsection by mutual consent of the members’ collective
 1032  bargaining representative or, if none, by majority consent of
 1033  the police officer members of the fund, and by consent of the
 1034  municipality, provided that the plan continues to meet the
 1035  minimum benefits and minimum standards of this chapter; however,
 1036  a plan that operates pursuant to this paragraph which does not
 1037  meet the minimum benefits as of October 1, 2012, may continue to
 1038  provide the benefits that do not meet the minimum benefits at
 1039  the same level as was provided as of October 1, 2012, and all
 1040  other benefit levels must continue to meet the minimum benefits.
 1041  Such mutually agreed deviation shall continue until modified or
 1042  revoked by subsequent mutual consent of the members’ collective
 1043  bargaining representative or, if none, by a majority of the
 1044  police officer members of the fund, and the municipality. An
 1045  existing arrangement for the use of premium tax revenues
 1046  contained within a special act plan or a plan within a
 1047  supplemental plan municipality is considered, as of July 1,
 1048  2014, to be a deviation for which mutual consent has been
 1049  granted.
 1050         (2) The premium tax provided by this chapter shall in all
 1051  cases be used in its entirety to provide retirement extra
 1052  benefits to police officers, or to police officers and
 1053  firefighters if both are included. However, local law plans in
 1054  effect on October 1, 1998, must comply with the minimum benefit
 1055  provisions of this chapter only to the extent that additional
 1056  premium tax revenues become available to incrementally fund the
 1057  cost of such compliance as provided in s. 185.16(2). If a plan
 1058  is in compliance with such minimum benefit provisions, as
 1059  subsequent additional tax revenues become available, they shall
 1060  be used to provide extra benefits. Local law plans created by
 1061  special act before May 27, 1939, shall be deemed to comply with
 1062  this chapter. For the purpose of this chapter, the term:
 1063         (a) “Additional premium tax revenues” means revenues
 1064  received by a municipality pursuant to s. 185.10 which exceed
 1065  the amount received for calendar year 1997.
 1066         (b) “Extra benefits” means benefits in addition to or
 1067  greater than those provided to general employees of the
 1068  municipality and in addition to those in existence for police
 1069  officers on March 12, 1999.
 1070         (3) A retirement plan or amendment to a retirement plan may
 1071  not be proposed for adoption unless the proposed plan or
 1072  amendment contains an actuarial estimate of the costs involved.
 1073  Such proposed plan or proposed plan change may not be adopted
 1074  without the approval of the municipality or, where required
 1075  permitted, the Legislature. Copies of the proposed plan or
 1076  proposed plan change and the actuarial impact statement of the
 1077  proposed plan or proposed plan change shall be furnished to the
 1078  division before the last public hearing on the proposal is held
 1079  thereon. Such statement must also indicate whether the proposed
 1080  plan or proposed plan change is in compliance with s. 14, Art. X
 1081  of the State Constitution and those provisions of part VII of
 1082  chapter 112 which are not expressly provided in this chapter.
 1083  Notwithstanding any other provision, only those local law plans
 1084  created by special act of legislation before May 27, 1939, are
 1085  deemed to meet the minimum benefits and minimum standards only
 1086  in this chapter.
 1087         (4) Notwithstanding any other provision, with respect to
 1088  any supplemental plan municipality:
 1089         (a) Section 185.02(6)(a) 185.02(4)(a) does not apply, and a
 1090  local law plan and a supplemental plan may continue to use their
 1091  definition of compensation or salary in existence on March 12,
 1092  1999.
 1093         (b) A local law plan and a supplemental plan must continue
 1094  to be administered by a board or boards of trustees numbered,
 1095  constituted, and selected as the board or boards were numbered,
 1096  constituted, and selected on December 1, 2000.
 1097         (c) The election set forth in paragraph (1)(b) is deemed to
 1098  have been made.
 1099         (5) The retirement plan setting forth the benefits and the
 1100  trust agreement, if any, covering the duties and
 1101  responsibilities of the trustees and the regulations of the
 1102  investment of funds must be in writing and copies made available
 1103  to the participants and to the general public.
 1104         (6) In addition to the defined benefit component of the
 1105  local law plan, each plan sponsor must have a defined
 1106  contribution plan component within the local law plan by October
 1107  1, 2014, for noncollectively bargained service, upon entering
 1108  into a collective bargaining agreement on or after July 1, 2014,
 1109  or upon the creation date of a new participating plan. Depending
 1110  upon the application of subsection (1), a defined contribution
 1111  component may or may not receive any funding.
 1112         (7) Notwithstanding any other provision of this chapter, a
 1113  municipality that has implemented or proposed changes to a local
 1114  law plan based on the municipality’s reliance on an
 1115  interpretation of this chapter by the Department of Management
 1116  Services on or after August 14, 2012, and before March 4, 2014,
 1117  may continue the implemented changes or continue to implement
 1118  proposed changes. Such reliance must be evidenced by a written
 1119  collective bargaining proposal or agreement, or formal
 1120  correspondence between the municipality and the Department of
 1121  Management Services which describes the specific changes to the
 1122  local law plan, with the initial proposal, agreement, or
 1123  correspondence from the municipality dated before March 4, 2014.
 1124  Changes to the local law plan which are otherwise contrary to
 1125  the minimum benefits and minimum standards of this chapter may
 1126  continue in effect until the earlier of October 1, 2017, or the
 1127  effective date of a collective bargaining agreement that is
 1128  contrary to the changes to the local law plan.
 1129  
 1130  ================= T I T L E  A M E N D M E N T ================
 1131  And the title is amended as follows:
 1132         Between lines 1595 and 1596
 1133  insert:
 1134         amending s. 175.021, F.S.; revising the legislative
 1135         declaration to require that all firefighter pension
 1136         plans meet the requirements of ch. 175, F.S., in order
 1137         to receive insurance premium tax revenues; amending s.
 1138         175.032, F.S.; revising definitions to conform to
 1139         changes made by the act and providing new definitions;
 1140         amending s. 175.071, F.S.; conforming a cross
 1141         reference; amending s. 175.091, F.S.; revising the
 1142         method of creating and maintaining a firefighters’
 1143         pension trust fund; amending s. 175.162, F.S.;
 1144         deleting a provision basing the availability of
 1145         additional benefits in a firefighter pension plan upon
 1146         state funding; revising the calculation of monthly
 1147         retirement income for a full-time firefighter;
 1148         providing that certain firefighter pension plans must
 1149         maintain a certain minimum percentage of average final
 1150         compensation by a specified date; amending s. 175.351,
 1151         F.S., relating to municipalities and special fire
 1152         control districts that have their own pension plans
 1153         and want to participate in the distribution of a tax
 1154         fund; redesignating the term “pension plan” as
 1155         “retirement plan”; revising criteria governing the use
 1156         of revenues from the premium tax; authorizing a
 1157         retirement plan to reduce certain excess benefits if
 1158         the plan continues to meet certain minimum benefits
 1159         and standards; providing that the use of premium tax
 1160         revenues may deviate from the requirements of ch. 175,
 1161         F.S., under certain circumstances; requiring plan
 1162         sponsors to have a defined contribution plan in place
 1163         by a certain date; authorizing a municipality to
 1164         implement certain changes to a local law plan which
 1165         are contrary to ch. 175, F.S., for a limited time;
 1166         amending s. 185.01, F.S.; revising the legislative
 1167         declaration to require that all police officer pension
 1168         plans meet the requirements of ch. 185, F.S., in order
 1169         to receive insurance premium tax revenues; amending s.
 1170         185.02, F.S.; revising definitions to conform to
 1171         changes made by the act and adding new definitions;
 1172         revising applicability of the limitation on the amount
 1173         of overtime payments that may be used for retirement
 1174         benefit calculations; amending s. 185.06, F.S.;
 1175         conforming a cross-reference; amending s. 185.07,
 1176         F.S.; revising the method of creating and maintaining
 1177         a police officers’ retirement trust fund; amending s.
 1178         185.16, F.S.; deleting a provision basing the
 1179         availability of additional benefits in a police
 1180         officer pension plan upon state funding; revising the
 1181         calculation of monthly retirement income for a police
 1182         officer; providing that certain police officer pension
 1183         plans must maintain a certain minimum percentage of
 1184         average final compensation after a specified date;
 1185         amending s. 185.35, F.S., relating to municipalities
 1186         that have their own pension plans for police officers
 1187         and want to participate in the distribution of a tax
 1188         fund; conforming a cross-reference; redesignating the
 1189         term “pension plan” as “retirement plan”; revising
 1190         criteria governing the use of revenues from the
 1191         premium tax; authorizing a plan to reduce certain
 1192         excess benefits if the plan continues to meet certain
 1193         minimum benefits and minimum standards; providing that
 1194         the use of premium tax revenues may deviate from the
 1195         requirements of ch. 185, F.S., under specified
 1196         circumstances; requiring plan sponsors to have a
 1197         defined contribution plan in place by a certain date;
 1198         authorizing a municipality to implement certain
 1199         changes to a local law plan which are contrary to ch.
 1200         185, F.S., for a limited time;