Senate Bill 1146c1

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    Florida Senate - 1998                           CS for SB 1146

    By the Committee on Governmental Reform and Oversight and
    Senator Williams




    302-1644A-98

  1                      A bill to be entitled

  2         An act relating to the Florida Retirement

  3         System; amending s. 121.021, F.S.; including

  4         certain correctional probation officers within

  5         the Special Risk Class; amending s. 121.0515,

  6         F.S.; specifying criteria for inclusion of

  7         correctional probation officers in the Special

  8         Risk Class; providing for inclusion of

  9         probation and parole circuit and deputy circuit

10         administrators in the Special Risk Class;

11         clarifying the procedure for designating

12         special risk membership in the system;

13         providing for the retention of special risk

14         membership for certain members transferred or

15         reassigned to other positions; authorizing

16         members of the Regular Class and the Special

17         Risk Administrative Support Class to reapply

18         for and be admitted as members of the Special

19         Risk Class; restoring special risk credit for

20         certain periods of employment; providing for

21         contributions; providing for an increased

22         employer contribution to fund benefits;

23         providing a finding of important state

24         interest; providing an effective date.

25

26  Be It Enacted by the Legislature of the State of Florida:

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28         Section 1.  Paragraph (b) of subsection (15) of section

29  121.021, Florida Statutes, is amended to read:

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    Florida Senate - 1998                           CS for SB 1146
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  1         121.021  Definitions.--The following words and phrases

  2  as used in this chapter have the respective meanings set forth

  3  unless a different meaning is plainly required by the context:

  4         (15)

  5         (b)  Effective October 1, 1978, "special risk member"

  6  means a member of the Florida Retirement System who is

  7  designated as a special risk member by the division in

  8  accordance with s. 121.0515.  Such member must be employed as

  9  a law enforcement officer, a firefighter, or a correctional

10  officer and must meet certain other special criteria as set

11  forth in s. 121.0515. Effective January 1, 1999, the term

12  "special risk member" also includes any member who is employed

13  as a correctional probation officer and meets the special

14  criteria set forth in s. 121.0515(2)(d).

15         Section 2.  Subsections (2), (3), and (7) of section

16  121.0515, Florida Statutes, are amended, present subsection

17  (8) of that section is renumbered as subsection (9) and

18  amended, and a new subsection (8) is added to that section to

19  read:

20         121.0515  Special risk membership; criteria;

21  designation and removal of classification; credits for past

22  service and prior service; retention of special risk normal

23  retirement date.--

24         (2)  CRITERIA.--A member, to be designated as a special

25  risk member, must meet the following criteria:

26         (a)  The member must be employed as a law enforcement

27  officer and be certified, or required to be certified, in

28  compliance with s. 943.1395; however, sheriffs and elected

29  police chiefs shall be excluded from meeting the certification

30  requirements of this paragraph.  In addition, the member's

31  duties and responsibilities must include the pursuit,

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    Florida Senate - 1998                           CS for SB 1146
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  1  apprehension, and arrest of law violators or suspected law

  2  violators; or the member must be an active member of a bomb

  3  disposal unit whose primary responsibility is the location,

  4  handling, and disposal of explosive devices; or the member

  5  must be the supervisor or command officer of a member or

  6  members who have such responsibilities; provided, however,

  7  administrative support personnel, including, but not limited

  8  to, those whose primary duties and responsibilities are in

  9  accounting, purchasing, legal, and personnel, shall not be

10  included;

11         (b)  The member must be employed as a firefighter and

12  be certified, or required to be certified, in compliance with

13  s. 633.35 and be employed solely within the fire department of

14  the employer or agency of state government.  In addition, the

15  member's duties and responsibilities must include on-the-scene

16  fighting of fires or direct supervision of firefighting units,

17  or the member must be the supervisor or command officer of a

18  member or members who have such responsibilities; provided,

19  however, administrative support personnel, including, but not

20  limited to, those whose primary duties and responsibilities

21  are in accounting, purchasing, legal, and personnel, shall not

22  be included; or

23         (c)  The member must be employed as a correctional

24  officer and be certified, or required to be certified, in

25  compliance with s. 943.1395.  In addition, the member's

26  primary duties and responsibilities must be the custody, and

27  physical restraint when necessary, of prisoners or inmates

28  within a prison, jail, or other criminal detention facility,

29  or while on work detail outside the facility, or while being

30  transported; or the member must be the supervisor or command

31  officer of a member or members who have such responsibilities;

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    Florida Senate - 1998                           CS for SB 1146
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  1  provided, however, administrative support personnel,

  2  including, but not limited to, those whose primary duties and

  3  responsibilities are in accounting, purchasing, legal, and

  4  personnel, shall not be included; however, superintendents and

  5  assistant superintendents shall participate in the Special

  6  Risk Class, or.

  7         (d)  The member must be employed as a correctional

  8  probation officer and be certified, or must be required to be

  9  certified, in compliance with s. 943.1395. In addition, the

10  member's primary duties and responsibilities must be the

11  supervised custody, surveillance, control, investigation, and

12  counseling of assigned inmates, probationers, parolees, or

13  community controllees within institutions or the community; or

14  the member must be the supervisor of a member or members who

15  have such responsibilities; however, administrative support

16  personnel, including, but not limited to, those whose primary

17  duties and responsibilities are in accounting, purchasing,

18  legal services, and personnel are not included; however,

19  probation and parole circuit and deputy circuit administrators

20  are included in the Special Risk Class.

21         (3)  PROCEDURE FOR DESIGNATING.--

22         (a)  Any member of the Florida Retirement System

23  employed by a county, city, or special district who feels that

24  he or she meets the criteria set forth in subsection (2) this

25  section for membership in the Special Risk Class may request

26  that his or her employer submit an application to the division

27  requesting that the division designate him or her as a special

28  risk member.  If the employer agrees that the member meets the

29  requirements for special risk membership, the employer shall

30  submit an application to the division in behalf of the

31  employee containing a certification that the member meets the

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    Florida Senate - 1998                           CS for SB 1146
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  1  criteria for special risk membership set forth in subsection

  2  (2) this section and such other supporting documentation as

  3  may be required by administrative rule.  The division shall,

  4  within 90 days, either designate or refuse to designate the

  5  member as a special risk member.  If the employer declines to

  6  submit the member's application to the division or if the

  7  division does not designate the member as a special risk

  8  member, the member or the employer may appeal to the State

  9  Retirement Commission, as provided in s. 121.23, for

10  designation as a special risk member.

11         (b)1.  Applying the criteria set forth in subsection

12  (2) this section, the division Department of Management

13  Services shall specify which current and newly created classes

14  of positions under the uniform classification plans plan

15  established pursuant to chapter 110 entitle the incumbents of

16  positions in those classes to membership in the Special Risk

17  Class.  Only employees employed in the classes so specified

18  shall be special risk members; however, if an employee

19  complies with the provisions of subsection (8), such member

20  shall retain his Special Risk Class membership.

21         2.  When a class is not specified by the division

22  department as provided in subparagraph 1., the employing

23  agency may petition the State Retirement Commission for

24  approval in accordance with s. 121.23.

25         (7)  RETENTION OF SPECIAL RISK NORMAL RETIREMENT

26  DATE.--

27         (a)  A special risk member who is moved or reassigned

28  to a nonspecial risk law enforcement, firefighting, or

29  correctional administrative support position with the same

30  agency prior to July 1, 1998, or who is subsequently employed

31  in such a position prior to July 1, 1998, with any law

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    Florida Senate - 1998                           CS for SB 1146
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  1  enforcement, firefighting, or correctional agency under the

  2  Florida Retirement System, shall earn credit for such service

  3  at the same percentage rate as that earned by a regular

  4  member.  Notwithstanding the provisions of subsection (4),

  5  service in such an administrative support position shall, for

  6  purposes of s. 121.091, apply toward satisfaction of the

  7  special risk normal retirement date, as defined in s.

  8  121.021(29)(c), provided that, while in such position, the

  9  member remains certified as a law enforcement officer,

10  firefighter, or correctional officer; remains subject to

11  reassignment at any time to a position qualifying for special

12  risk membership; and completes an aggregate of 10 or more

13  years of service as a designated special risk member prior to

14  retirement.

15         (b)  Upon application by a member, the provisions of

16  this subsection shall apply, with respect to such member,

17  retroactively to October 1, 1978.

18         (c)  The division shall adopt such rules as are

19  required to administer this subsection.

20         (8)  Retention of Special Risk Membership.--

21         (a)  Effective July 1, 1998, a member of the Special

22  Risk Class who is employed in, assigned to, or reassigned to a

23  non-special risk position, or whose duties are changed to

24  delete special risk duties, shall retain special risk

25  membership if such employment is in a law enforcement,

26  firefighting, or correctional agency, or, in a subdivision of

27  an agency with multiple responsibilities where law

28  enforcement, firefighting, or corrections is the primary

29  function of the subdivision, or the member is in a position

30  with direct supervisory or command responsibility over such

31  subdivision, provided that:

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    Florida Senate - 1998                           CS for SB 1146
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  1         1.  The member has completed a minimum of 5 years as a

  2  member of the Special Risk Class, as provided in subsection

  3  (2).

  4         2.  The member remains certified within the area of law

  5  enforcement, firefighting, or corrections in which he is

  6  employed, as provided in s. 121.0515(2).

  7         3.  The member remains subject to reassignment at any

  8  time to a position qualifying for special risk membership as

  9  specified in subsection (2).

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11  The employing agency shall notify the division of the member's

12  assignment or reassignment to a non-special-risk position on

13  the forms required by the division.

14         (b)  A member of the Regular Class or Special Risk

15  Administrative Support Class of the Florida Retirement System

16  prior to and on July 1, 1998, shall be enrolled in the Special

17  Risk Class upon application by the member, certification by

18  the employing agency, and approval by the division that the

19  member satisfies the conditions specified in paragraph (a).

20         (9)(8)  RESTORATION OF SPECIAL RISK CREDIT FOR

21  SPECIFIED PERIOD OF EMPLOYMENT.--

22         (a)  A special risk member who was removed from the

23  Special Risk Class effective October 1978, for the sole reason

24  that he or she did not possess the required certificate or

25  temporary waiver of certificate, and who obtained

26  certification and was approved for special risk membership on

27  or before June 30, 1982, shall be permitted to have special

28  risk credit restored for that period upon:

29         1.(a)  Certification by his or her employer that all

30  requirements for special risk membership except the

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    Florida Senate - 1998                           CS for SB 1146
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  1  requirement for certification or temporary waiver of

  2  certification were met; and

  3         2.(b)  Payment of contributions equal to the difference

  4  in the contributions that were paid during the period and the

  5  contributions required for special risk members during that

  6  period, plus 6.5 percent interest thereon, compounded each

  7  June 30 from date of service until date of payment.

  8

  9  This credit may be purchased by the member or by the employer

10  on behalf of the member.

11         (b)  A special risk member who was removed from the

12  Special Risk Class of the Florida Retirement System on or

13  after October 1, 1978, and prior to July 1, 1998, due to

14  employment in a non-special-risk position or assignment or

15  reassignment to a non-special-risk position, or because the

16  duties of his or her position were changed to delete special

17  risk duties, shall be permitted to have special risk credit

18  restored for that period as follows:

19         1.  The member shall satisfy all of the provisions of

20  subsection (8), as verified by the employing agency.

21         2.  Each active member eligible for such retroactive

22  special risk membership, or the employer of such member shall

23  pay the difference between the contributions paid and the

24  required contribution rate for the Special Risk Class during

25  the period for which special risk credit is restored, plus 6.5

26  percent interest thereon, compounded each June 30 from date of

27  service until date of payment.

28         3.  Contributions paid in excess of the required

29  special risk contribution rate after October 1, 1986, for

30  members of the Special Risk Administrative Support Class shall

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    Florida Senate - 1998                           CS for SB 1146
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  1  be refunded to the employing agency that paid the special risk

  2  administrative support contributions.

  3         4.  Such member who is not employed on July 1, 1998,

  4  and who has creditable service in the Regular Class or Special

  5  Risk Administrative Support Class between October 1, 1978, and

  6  June 30, 1998, may have special risk membership restored for

  7  that period upon return to employment with a law enforcement,

  8  firefighting, or corrections agency; satisfaction of the

  9  provisions of subsection (8); and payment by the member or the

10  member's employer of the required contributions as provided in

11  subparagraph 2.

12         Section 3.  Effective July 1, 1998, the percentage

13  contribution rate applicable to employers of members of the

14  Special Risk Class of the Florida Retirement System shall be

15  increased by 0.11 percentage points to fund the provisions of

16  this act. This increase is in addition to all other changes to

17  such contribution rates.

18         Section 4.  The Legislature finds that a proper and

19  legitimate state purpose is served when employees and retirees

20  of the state and of its political subdivisions, and the

21  dependents, survivors, and beneficiaries of such employees and

22  retirees, are extended the basic protections afforded by

23  governmental retirement systems that provide fair and adequate

24  benefits and that are managed, administered, and funded in an

25  actuarially sound manner, as required by Section 14 of Article

26  X of the State Constitution and part VII of chapter 112,

27  Florida Statutes.  Therefore, the Legislature determines and

28  declares that this act fulfills an important state interest.

29         Section 5.  This act shall take effect July 1, 1998.

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    Florida Senate - 1998                           CS for SB 1146
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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1146

  3

  4  The committee substitute expands the definition of the Special
    Risk Class to include correctional probation officers,
  5  correctional probation officer supervisors, and probation,
    parole circuit and deputy circuit administrators, effective
  6  January 1, 1999.

  7  The bill restores special risk credit for Special Risk
    Administrative Support Class members and Regular Class members
  8  who were removed form the Special Risk Class on or after
    October 1, 1978, and prior to July 1, 1998. Special Risk Class
  9  membership will be restored only to those who were assigned or
    responsibilities during that period.
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    The bill will take those members of the Florida Retirement
11  System, effective July 1, 1998, who are: employed in; assigned
    to; or reassigned to a non-special-risk position; or whose
12  duties changed by deleting special risk will remain in the
    Special Risk Class provided the member is employed by an
13  agency or subdivision thereof whose primary functions are law
    enforcement, firefighting, or corrections.
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    The act becomes effective July 1, 1998.
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