Senate Bill 0270

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    Florida Senate - 1998                                   SB 270

    By Senators Childers, Dudley, Dyer, Silver, Turner, Jones,
    Casas, Forman, Campbell, Holzendorf, Jenne, Thomas,
    Diaz-Balart, Gutman, Crist, Rossin, Brown-Waite, Bronson,
    Harris, Klein, Myers, Kurth, Meadows, McKay and Clary


    1-145B-98

  1                      A bill to be entitled

  2         An act relating to municipal firefighters'

  3         pension trust funds and municipal police

  4         officers' retirement trust funds; amending and

  5         revising the provisions of chapters 175 and

  6         185, F.S.; defining "chapter plans" and "local

  7         law plans"; redefining "compensation" or

  8         "salary" for retirement purposes under these

  9         chapters; clarifying the applicability of

10         minimum benefits for both chapter and local law

11         plans; revising investment provisions to permit

12         cities greater investment latitude to make

13         foreign investments; eliminating discriminatory

14         language in conformance with state and federal

15         discrimination provisions; providing that

16         certain benefits provided are a minimum and may

17         not be diminished by any other state, local, or

18         federal benefits; providing an exception;

19         modifying the formula for calculating volunteer

20         firefighter service retirement benefits;

21         clarifying terminology relating to "sole and

22         exclusive use of" premium tax funds and "extra

23         benefits" by providing that moneys must be

24         placed in a police-only or firefighter-only

25         plan or a combined police and firefighter plan

26         as opposed to placing moneys in any type of

27         plan that includes general employees; providing

28         for establishment of a new board and for

29         transfer of assets in certain cases; creating

30         s. 175.195, F.S.; prohibiting certain

31         fraudulent practices; providing criminal and

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  1         administrative penalties; repealing s. 175.152,

  2         F.S., relating to contributions; repealing s.

  3         175.251, F.S., relating to employment records

  4         that are required to be kept by the secretary

  5         of the board of trustees; repealing s. 175.291,

  6         F.S., relating to the requirement that the

  7         attorney for the municipality or special fire

  8         control district represent the board of

  9         trustees upon request and the option to employ

10         independent counsel and other persons;

11         repealing s. 175.321, F.S., relating to the

12         application of certain provisions to

13         municipalities and fire control districts;

14         repealing s. 175.331, F.S., relating to the

15         rights of firefighters under former law;

16         repealing s. 175.391, F.S., relating to payment

17         of attorney's fees and costs; repealing s.

18         185.14, F.S., relating to contributions;

19         repealing s. 185.15, F.S., relating to

20         contributions and new employees; creating s.

21         185.185, F.S.; prohibiting certain fraudulent

22         practices; providing criminal and

23         administrative penalties; repealing s. 185.27,

24         F.S., relating to the roster of retirees;

25         repealing s. 185.29, F.S., relating to the city

26         attorney representing the board of trustees;

27         repealing s. 185.32, F.S., relating to

28         exemptions from the chapter; repealing s.

29         185.36, F.S., relating to the rights of police

30         officers under former laws; repealing s.

31

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  1         185.40, F.S., relating to costs and attorney's

  2         fees; providing an effective date.

  3

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

  5

  6         Section 1.  Section 175.021, Florida Statutes, is

  7  amended to read:

  8         175.021  Legislative declaration.--

  9         (1)  It is hereby declared by the Legislature that

10  firefighters, as hereinafter defined, perform state and

11  municipal functions; that it is their duty to extinguish

12  fires, to protect life, and to protect property at their own

13  risk and peril; that it is their duty to prevent conflagration

14  and to continuously instruct school personnel, public

15  officials, and private citizens in the prevention of fires and

16  firesafety; that they protect both life and property from

17  local emergencies as defined in s. 252.34(3); and that their

18  activities are vital to the public safety.  It is further

19  declared that firefighters employed by special fire control

20  districts serve under the same circumstances and perform the

21  same duties as firefighters employed by municipalities and

22  should therefore be entitled to the benefits available under

23  this chapter.  Therefore, the Legislature declares that it is

24  a proper and legitimate state purpose to provide a uniform

25  retirement system for the benefit of firefighters as

26  hereinafter defined and intends, in implementing the

27  provisions of s. 14, Art. X of the State Constitution as they

28  relate to municipal and special district firefighters' pension

29  trust fund systems and plans, that such retirement systems or

30  plans be managed, administered, operated, and funded in such

31  manner as to maximize the protection of the firefighters'

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  1  pension trust funds. Pursuant to s. 18, Art. VII of the State

  2  Constitution, the Legislature hereby determines and declares

  3  that the provisions of this act fulfill an important state

  4  interest.

  5         (2)  This chapter hereby establishes, for all municipal

  6  and special district pension plans existing now or hereafter

  7  under this chapter, including chapter plans and local law

  8  plans, minimum benefits and minimum standards for the

  9  operation and funding of such municipal and special district

10  firefighters' pension trust fund systems and plans,

11  hereinafter referred to as firefighters' pension trust funds.

12  The minimum benefits and minimum standards set forth in this

13  chapter may not be diminished by local charter, ordinance, or

14  resolution or by special act of the Legislature, nor may the

15  minimum benefits or minimum standards be reduced or offset by

16  any other local, state, or federal law that may include

17  firefighters in its operation, except as provided under s.

18  112.65.

19         Section 2.  Section 175.032, Florida Statutes, is

20  amended to read:

21         (Substantial rewording of section.  See

22         s. 175.032, F.S., for present text.)

23         175.032  Definitions.--For any municipality, special

24  fire control district, chapter plan, local law municipality,

25  local law special fire control district, or local law plan

26  under this chapter, the following words and phrases have the

27  following meanings:

28         (1)(a)  "Average final compensation" for a full-time

29  firefighter means one-twelfth of the average annual

30  compensation of the 5 best years of the last 10 years of

31  creditable service prior to retirement, termination, or death,

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  1  or the career average as a full-time firefighter since July 1,

  2  1953, whichever is greater. A year shall be 12 consecutive

  3  months or such other consecutive period of time as is used and

  4  consistently applied.

  5         (b)  "Average final compensation" for a volunteer

  6  firefighter means the average salary of the 5 best years of

  7  the last 10 best contributing years prior to change in status

  8  to a permanent full-time firefighter or retirement as a

  9  volunteer firefighter or the career average of a volunteer

10  firefighter, since July 1, 1953, whichever is greater.

11         (2)  "Chapter plan" means a separate defined benefit

12  pension plan for firefighters which incorporates by reference

13  the provisions of this chapter and has been adopted by the

14  governing body of a municipality or special district.  Except

15  as may be specifically authorized in this chapter, provisions

16  of a chapter plan may not differ from the plan provisions set

17  forth in ss. 175.021-175.341 and 175.361-175.401.  Actuarial

18  valuations of chapter plans shall be conducted by the division

19  as provided by s. 175.261(1).

20         (3)  "Compensation" or "salary" means the fixed monthly

21  remuneration paid a firefighter; where, as in the case of a

22  volunteer firefighter, remuneration is based on actual

23  services rendered, the term means the total cash remuneration

24  received yearly for such services, prorated on a monthly

25  basis.

26         (a)  A retirement trust fund or plan may use a

27  definition of salary other than the definition in this

28  subsection but only if the monthly retirement income payable

29  to each firefighter covered by the retirement trust fund or

30  plan, as determined under s. 175.162(2)(a) and using such

31  other definition, equals or exceeds the monthly retirement

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  1  income that would be payable to each firefighter if his

  2  monthly retirement income were determined under s.

  3  175.162(2)(a) and using the definition in this subsection.

  4         (b)  Any retirement trust fund or plan which now or

  5  hereafter meets the requirements of this chapter shall not,

  6  solely by virtue of this subsection, reduce or diminish the

  7  monthly retirement income otherwise payable to each

  8  firefighter covered by the retirement trust fund or plan.

  9         (c)  The member's compensation or salary contributed as

10  employee-elective salary reductions or deferrals to any salary

11  reduction, deferred compensation, or tax-sheltered annuity

12  program authorized under the Internal Revenue Code shall be

13  deemed to be the compensation or salary the member would

14  receive if he or she were not participating in such program

15  and shall be treated as compensation for retirement purposes

16  under this chapter.

17         (d)  For any person who first becomes a member in any

18  plan year beginning on or after January 1, 1996, compensation

19  for any plan year shall not include any amounts in excess of

20  the Internal Revenue Code Section 401(a)(17) limitation [as

21  amended by the Omnibus Budget Reconciliation Act of 1993],

22  which limitation of $150,000 shall be adjusted as required by

23  federal law for qualified government plans and shall be

24  further adjusted for changes in the cost of living in the

25  manner provided by Internal Revenue Code Section

26  401(a)(17)(B).  For any person who first became a member prior

27  to the first plan year beginning on or after January 1, 1996,

28  the limitation on compensation shall be not less than the

29  maximum compensation amount that was allowed to be taken into

30  account under the plan as in effect on July 1, 1993, which

31  limitation shall be adjusted for changes in the cost of living

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  1  since 1989 in the manner provided by Internal Revenue Code

  2  Section 401(a)(17)(1991).

  3         (4)  "Creditable service" or "credited service" means

  4  the aggregate number of years of service, and fractional parts

  5  of years of service, of any firefighter, omitting intervening

  6  years and fractional parts of years when such firefighter may

  7  not have been employed by the municipality or special fire

  8  control district, subject to the following conditions:

  9         (a)  No firefighter will receive credit for years or

10  fractional parts of years of service if he or she has

11  withdrawn his or her contributions to the fund for those years

12  or fractional parts of years of service, unless the

13  firefighter repays into the fund the amount he or she has

14  withdrawn, plus interest determined by the board.  The member

15  shall have at least 90 days after his or her reemployment to

16  make repayment.

17         (b)  A firefighter may voluntarily leave his or her

18  contributions in the fund for a period of 5 years after

19  leaving the employ of the fire department, pending the

20  possibility of being rehired by the same department, without

21  losing credit for the time he or she has participated actively

22  as a firefighter. If the firefighter is not reemployed as a

23  firefighter, with the same department, within 5 years, his or

24  her contributions shall be returned without interest.

25         (c)  Credited service under this chapter shall be

26  provided only for service as a firefighter, as defined in s.

27  175.032(8), or for military service and shall not include

28  credit for any other type of service. A municipality may, by

29  local ordinance, or a special fire control district may, by

30  resolution, provide for the purchase of credit for military

31  service prior to employment as well as for prior service as a

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  1  firefighter for some other employer as long as a firefighter

  2  is not already receiving a benefit for such other prior

  3  service as a firefighter.

  4         (d)  In determining the creditable service of any

  5  firefighter, credit for up to 5 years of the time spent in the

  6  military service of the Armed Forces of the United States

  7  shall be added to the years of actual service if:

  8         1.  The firefighter is in the active employ of an

  9  employer immediately prior to such service and leaves a

10  position, other than a temporary position, for the purpose of

11  voluntary or involuntary service in the Armed Forces of the

12  United States.

13         2.  The firefighter is entitled to reemployment under

14  the provisions of the Uniformed Services Employment and

15  Reemployment Rights Act.

16         3.  The firefighter returns to his or her employment as

17  a firefighter of the municipality or special fire control

18  district within 1 year from the date of release from such

19  active service.

20         (5)  "Deferred Retirement Option Plan" or "DROP" means

21  a local law plan retirement option in which a firefighter may

22  elect to participate. A firefighter may retire for all

23  purposes of the plan and defer receipt of retirement benefits

24  into a DROP account while continuing employment with his

25  employer. However, a firefighter who enters the DROP and who

26  is otherwise eligible to participate shall not thereby be

27  precluded from participating, or continuing to participate, in

28  a supplemental plan in existence on, or created after, the

29  effective date of this act.

30         (6)  "Division" means the Division of Retirement of the

31  Department of Management Services.

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  1         (7)  "Enrolled actuary" means an actuary who is

  2  enrolled under Subtitle C of Title III of the Employee

  3  Retirement Income Security Act of 1974 and who is a member of

  4  the Society of Actuaries or the American Academy of Actuaries.

  5         (8)(a)  "Firefighter" means any person employed solely

  6  by a constituted fire department of any municipality or

  7  special fire control district who is certified as a

  8  firefighter as a condition of employment in accordance with

  9  the provisions of s. 633.35 and whose duty it is to extinguish

10  fires, to protect life, or to protect property.  However, for

11  purposes of this chapter only, "firefighter" also includes

12  public safety officers who are responsible for performing both

13  police and fire services, who are certified as police officers

14  or firefighters, and who are certified by their employers to

15  the Insurance Commissioner and Treasurer as participating in

16  this chapter prior to October 1, 1979.  Effective October 1,

17  1979, public safety officers who have not been certified as

18  participating in this chapter shall be considered police

19  officers for retirement purposes and shall be eligible to

20  participate in chapter 185. Any plan may provide that the fire

21  chief shall have an option to participate, or not, in that

22  plan.

23         (b)  "Volunteer firefighter" means any person whose

24  name is carried on the active membership roll of a constituted

25  volunteer fire department or a combination of a paid and

26  volunteer fire department of any municipality or special fire

27  control district and whose duty it is to extinguish fires, to

28  protect life, and to protect property.  Compensation for

29  services rendered by a volunteer firefighter shall not

30  disqualify him or her as a volunteer.  A person shall not be

31  disqualified as a volunteer firefighter solely because he or

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  1  she has other gainful employment.  Any person who volunteers

  2  assistance at a fire but is not an active member of a

  3  department described herein is not a volunteer firefighter

  4  within the meaning of this paragraph.

  5         (9)  "Firefighter's Pension Trust Fund" means a trust

  6  fund, by whatever name known, as provided under s. 175.041,

  7  for the purpose of assisting municipalities and special fire

  8  control districts in establishing and maintaining a retirement

  9  plan for firefighters.

10         (10)  "Local law municipality" is any municipality in

11  which there exists a local law plan.

12         (11)  "Local law plan" means a defined benefit pension

13  plan for firefighters, or for firefighters or police officers

14  where included, as described in s. 175.351, established by

15  municipal ordinance, special district resolution, or special

16  act of the Legislature, which enactment sets forth all plan

17  provisions.  Local law plan provisions may vary from the

18  provisions of this chapter, provided that required minimum

19  benefits and standards are met.  Any such variance shall

20  provide a greater benefit for firefighters.  Actuarial

21  valuations of local law plans shall be conducted by an

22  enrolled actuary as provided in s. 175.261(2).

23         (12)  "Local law special fire control district" is any

24  special fire control district in which there exists a local

25  law plan.

26         (13)  "Property insurance" means property insurance as

27  defined in s. 624.604 and covers real and personal property

28  within the corporate limits of any municipality, or within the

29  boundaries of any special fire control district, within the

30  state. "Multiple peril" means a combination or package policy

31

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  1  that includes both property and casualty coverage for a single

  2  premium.

  3         (14)  "Retiree" or "retired firefighter" means a

  4  firefighter who has entered retirement status. For the

  5  purposes of a plan that includes a Deferred Retirement Option

  6  Plan (DROP), a firefighter who enters the DROP shall be

  7  considered a retiree for all purposes of the plan. However, a

  8  firefighter who enters the DROP and who is otherwise eligible

  9  to participate shall not thereby be precluded from

10  participating, or continuing to participate, in a supplemental

11  plan in existence on, or created after, the effective date of

12  this act.

13         (15)  "Retirement" means a firefighter's separation

14  from city or fire district employment as a firefighter with

15  immediate eligibility for receipt of benefits under the plan.

16  For purposes of a plan that includes a Deferred Retirement

17  Option Plan (DROP), "retirement" means the date a firefighter

18  enters the DROP.

19         (16)  "Special fire control district" means a special

20  district, as defined in s. 189.403(1), established for the

21  purposes of extinguishing fires, protecting life, and

22  protecting property within the incorporated or unincorporated

23  portions of any county or combination of counties, or within

24  any combination of incorporated and unincorporated portions of

25  any county or combination of counties.  The term does not

26  include any dependent or independent special district, as

27  defined in s. 189.403(2) and (3), respectively, the employees

28  of which are members of the Florida Retirement System pursuant

29  to s. 121.051(1) or (2).

30         (17)  "Supplemental plan" means a plan to which

31  deposits are made to provide extra benefits for firefighters,

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  1  or for firefighters and police officers where included under

  2  this chapter.  Such a plan is an element of a local law plan

  3  and exists in conjunction with a defined benefit plan that

  4  meets the minimum benefits and minimum standards of this

  5  chapter.

  6         (18)  "Supplemental plan municipality" means any local

  7  law municipality in which there existed a supplemental plan,

  8  of any type or nature, as of January 1, 1997.

  9         Section 3.  Section 175.041, Florida Statutes, is

10  amended to read:

11         175.041  Firefighters' Pension Trust Fund created;

12  applicability of provisions.--For any municipality, special

13  fire control district, chapter plan, local law municipality,

14  local law special fire control district, or local law plan

15  under this chapter:

16         (1)  There shall be established is hereby created a

17  special fund exclusively for the purpose of this chapter,

18  which in the case of chapter plans shall to be known as the

19  "Firefighters' Pension Trust Fund," exclusively for the

20  purpose of this chapter, in each municipality and each special

21  fire control district of this state heretofore or hereafter

22  created which now has or which may hereafter have a

23  constituted fire department or an authorized volunteer fire

24  department, or any combination thereof, and which municipality

25  or special fire control district does not presently have

26  established by law, special law, or local ordinance a similar

27  fund.

28         (2)  To qualify as a fire department or volunteer fire

29  department or combination thereof under the provisions of this

30  chapter, the department shall own and use apparatus for the

31  fighting of fires that is in compliance with National Fire

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  1  Protection Association Standards for Automotive Fire

  2  Apparatus.

  3         (3)  The provisions of this chapter shall apply only to

  4  municipalities organized and established pursuant to the laws

  5  of the state and to special fire control districts, and said

  6  provisions shall not apply to the unincorporated areas of any

  7  county or counties except with respect to special fire control

  8  districts that include unincorporated areas, nor shall the

  9  provisions hereof apply to any governmental entity whose

10  firefighters are eligible to employees participate in the

11  Florida Retirement System.  Special fire control districts

12  that include, or consist exclusively of, unincorporated areas

13  of one or more counties may levy and impose the tax and

14  participate in the retirement programs enabled by this

15  chapter.

16         (4)  No municipality shall establish more than one

17  retirement plan for public safety officers which is supported

18  in whole or in part by the distribution of premium tax funds

19  as provided by this chapter or chapter 185, nor shall any

20  municipality establish a retirement plan for public safety

21  officers which receives premium tax funds from both this

22  chapter and chapter 185.

23         (5)  The plan provisions, participation, and benefits

24  as set forth in this chapter must be provided on a

25  nondiscriminatory basis.

26         Section 4.  Section 175.051, Florida Statutes, is

27  amended to read:

28         175.051  Actuarial deficits not state obligation.--For

29  any municipality, special fire control district, chapter plan,

30  local law municipality, local law special fire control

31  district, or local law plan under this chapter, actuarial

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  1  deficits, if any, arising under this chapter act, shall not be

  2  the obligation of the state.

  3         Section 5.  Section 175.061, Florida Statutes, is

  4  amended to read:

  5         175.061  Board of trustees; members, terms of office;

  6  meetings; legal entity; costs; attorney's fees.--For any

  7  municipality, special fire control district, chapter plan,

  8  local law municipality, local law special fire control

  9  district, or local law plan under this chapter:

10         (1)  In each municipality and in each special fire

11  control district there is hereby created a board of trustees

12  of the firefighters' pension trust fund, which shall be solely

13  responsible for administering the trust fund.  Effective

14  October 1, 1986, and thereafter:,

15         (a)  The membership of the board of trustees for a

16  chapter plan shall consist of five members, two of whom,

17  unless otherwise prohibited by law, shall be legal residents

18  of the municipality or special fire control district, who

19  shall be appointed by the governing body of the municipality

20  or special fire control district, and two of whom shall be

21  full-time firefighters as defined in s. 175.032 who shall be

22  elected by a majority of the active firefighters who are

23  members of such plan. With respect to any chapter plan or

24  local law plan that, on January 1, 1997, allowed retired

25  firefighters to vote in such elections, retirees may continue

26  to vote in such elections. The fifth member shall be chosen by

27  a majority of the previous four members as provided for

28  herein, and such person's name shall be submitted to the

29  governing body of the municipality or special fire control

30  district.  Upon receipt of the fifth person's name, the

31  governing body of the municipality or special fire control

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  1  district shall, as a ministerial duty, appoint such person to

  2  the board of trustees as its fifth member. The fifth member

  3  shall have the same rights as each of the other four members

  4  appointed or elected as herein provided, shall serve as

  5  trustee for a period of 2 years, and may succeed himself or

  6  herself in office.  Each resident member shall serve as

  7  trustee for a period of 2 years, unless sooner replaced by the

  8  governing body at whose pleasure he or she shall serve, and

  9  may succeed himself or herself as a trustee. Each firefighter

10  member shall serve as trustee for a period of 2 years, unless

11  he or she sooner leaves the employment of the municipality or

12  special fire control district as a firefighter, whereupon a

13  successor shall be chosen in the same manner as an original

14  appointment.  Each firefighter may succeed himself or herself

15  in office.

16         (b)  The membership of boards of trustees for local law

17  plans shall be as follows:

18         1.  If a municipality or special fire control district

19  has a pension plan for firefighters only, the provisions of

20  paragraph (a) shall apply.

21         2.  If a municipality has a pension plan for

22  firefighters and police officers, the provisions of paragraph

23  (a) shall apply, except that one member of the board shall be

24  a firefighter as defined in s. 175.032 and one member of the

25  board shall be a police officer as defined in s. 185.02,

26  respectively elected by a majority of the active firefighters

27  or police officers who are members of the plan.

28         3.  Any board of trustees operating a local law plan on

29  July 1, 1998, which is combined with a plan for general

30  employees shall hold an election of the firefighters, or

31  firefighters and police officers, if included, to determine

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  1  whether a plan is to be established for firefighters only, or

  2  for firefighters and police officers where included.  Based on

  3  the election results, a new board shall be established as

  4  provided in subparagraph 1. or 2., as appropriate. The

  5  municipality or fire control district shall enact an ordinance

  6  or resolution to implement the new board by October 1, 1998.

  7  The newly established board shall take whatever action is

  8  necessary to determine the amount of assets which is

  9  attributable to firefighters, or firefighters and police

10  officers where included.  Such assets shall include all

11  employer, employee, and state contributions made by or on

12  behalf of firefighters, or firefighters and police officers

13  where included, and any investment income derived from such

14  contributions.  All such moneys shall be transferred into the

15  newly established retirement plan, as directed by the board.

16

17  With respect to any board of trustees operating a local law

18  plan on June 30, 1986, nothing in this paragraph shall permit

19  the reduction of the membership percentage of firefighters, or

20  of firefighters and police officers where a joint or mixed

21  fund exists. The board of trustees shall meet at least

22  quarterly each year.  Each board of trustees shall be a legal

23  entity with, in addition to other powers and responsibilities

24  contained herein, the power to bring and defend lawsuits of

25  every kind, nature, and description.

26         (2)  The trustees shall by a majority vote elect from

27  their number a chair and a secretary.  The secretary of the

28  board shall keep a complete minute book of the actions,

29  proceedings, or hearings of the board.  The trustees shall not

30  receive any compensation as such, but may receive expenses and

31  per diem as provided by Florida law.

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  1         (3)  The board of trustees shall meet at least

  2  quarterly each year.

  3         (4)  Each board of trustees shall be a legal entity

  4  with, in addition to other powers and responsibilities

  5  contained herein, the power to bring and defend lawsuits of

  6  every kind, nature, and description.

  7         (5)  In any judicial proceeding or administrative

  8  proceeding under chapter 120 brought under or pursuant to the

  9  provisions of this chapter, the prevailing party shall be

10  entitled to recover the costs thereof, together with

11  reasonable attorney's fees.

12         (6)  The provisions of this section may not be altered

13  by a participating municipality or special fire control

14  district operating a chapter plan or local law plan under this

15  chapter.

16         Section 6.  Section 175.071, Florida Statutes, is

17  amended to read:

18         175.071  General powers and duties of board of

19  trustees.--For any municipality, special fire control

20  district, chapter plan, local law municipality, local law

21  special fire control district, or local law plan under this

22  chapter:

23         (1)  The board of trustees may:

24         (a)  Invest and reinvest the assets of the

25  firefighters' pension trust fund in annuity and life insurance

26  contracts of life insurance companies in amounts sufficient to

27  provide, in whole or in part, the benefits to which all of the

28  participants in the firefighters' pension trust fund shall be

29  entitled under the provisions of this chapter and pay the

30  initial and subsequent premiums thereon.

31

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  1         (b)  Invest and reinvest the assets of the

  2  firefighters' pension trust fund in:

  3         1.  Time or savings accounts of a national bank, a

  4  state bank insured by the Bank Insurance Fund Federal Deposit

  5  Insurance Corporation, or a savings, building, and loan

  6  association insured by the Savings Association Insurance Fund

  7  which is administered by the Federal Deposit Insurance

  8  Corporation Federal Savings and Loan Insurance Corporation.

  9         2.  Obligations of the United States or obligations

10  guaranteed as to principal and interest by the Government of

11  the United States.

12         3.  Bonds issued by the State of Israel.

13         4.  Bonds, stocks, or other evidences of indebtedness

14  issued or guaranteed by a corporation organized under the laws

15  of the United States, any state or organized territory of the

16  United States, or the District of Columbia, provided:

17         a.  The corporation is listed on any one or more of the

18  recognized national stock exchanges and holds a rating in one

19  of the three highest classifications by a major rating

20  service; and

21         b.  The board of trustees shall not invest more than 5

22  percent of its assets in the common stock or capital stock of

23  any one issuing company, nor shall the aggregate investment in

24  any one issuing company exceed 5 percent of the outstanding

25  capital stock of that company or the aggregate of its

26  investments under this subparagraph at market cost exceed 50

27  30 percent of the assets of the fund. Investment experience

28  producing a market value percent exceeding the stated limit

29  does not arbitrarily mean assets are to be liquidated to

30  satisfy the limit.

31

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  1  This paragraph shall apply to all boards of trustees and

  2  participants. However, in the event that a municipality or

  3  special fire control district has a duly enacted pension plan

  4  pursuant to, and in compliance with, s. 175.351, and the

  5  trustees thereof desire to vary the investment procedures

  6  herein, the trustees of such plan shall request a variance of

  7  the investment procedures as outlined herein only through a

  8  municipal ordinance, special act of the Legislature, or

  9  resolution by the governing body of the special fire control

10  district; where a special act, or a municipality by ordinance

11  adopted prior to the effective date of this act October 1,

12  1986, permits a greater than 50-percent 30-percent equity

13  investment, such municipality shall not be required to comply

14  with the aggregate equity investment provisions of this

15  paragraph. The board of trustees may invest up to 10 percent

16  of plan assets in foreign securities. Investments shall not be

17  made in any stocks, bonds, or other securities owned or

18  controlled by a government other than that of the United

19  States or the several states.

20         (c)  Issue drafts upon the firefighters' pension trust

21  fund pursuant to this act and rules and regulations prescribed

22  by the board of trustees. All such drafts shall be

23  consecutively numbered, be signed by the chair and secretary,

24  and state upon their faces the purpose for which the drafts

25  are drawn.  The treasurer or depository of each municipality

26  or special fire control district shall retain such drafts when

27  paid, as permanent vouchers for disbursements made, and no

28  money shall be otherwise drawn from the fund.

29         (d)  Convert into cash any securities of the fund.

30         (e)  Keep a complete record of all receipts and

31  disbursements and of the board's acts and proceedings.

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  1         (2)  Any and all acts and decisions shall be

  2  effectuated by vote of a majority of the at least three

  3  members of the board; however, no trustee shall take part in

  4  any action in connection with the trustee's own participation

  5  in the fund, and no unfair discrimination shall be shown to

  6  any individual firefighter participating in the fund.

  7         (3)  The board's action on all claims for retirement

  8  under this act shall be final, provided, however, that the

  9  rules and regulations of the board have been complied with.

10         (4)  The secretary of the board of trustees shall keep

11  a record of all persons receiving retirement payments under

12  the provisions of this chapter, in which shall be noted the

13  time when the pension is allowed and when the pension shall

14  cease to be paid.  In this record, the secretary shall keep a

15  list of all firefighters employed by the municipality or

16  special fire control district.  The record shall show the

17  name, address, and time of employment of such firefighters and

18  when they cease to be employed by the municipality or special

19  fire control district.

20         (5)(4)  The sole and exclusive administration of, and

21  the responsibilities for, the proper operation of the

22  firefighters' pension trust fund and for making effective the

23  provisions of this chapter are vested in the board of

24  trustees; however, nothing herein shall empower a board of

25  trustees to amend the provisions of a retirement plan without

26  the approval of the municipality or special fire control

27  district. The board of trustees shall keep in convenient form

28  such data as shall be necessary for an actuarial valuation of

29  the firefighters' pension trust fund and for checking the

30  actual experience of the fund.

31

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  1         (6)(a)(5)  At least once every 3 years, the board of

  2  trustees shall retain a professionally qualified an

  3  independent consultant who shall professionally qualified to

  4  evaluate the performance of any existing professional money

  5  manager and managers.  The independent consultant shall make

  6  recommendations to the board of trustees regarding the

  7  selection of money managers for the next investment term.

  8  These recommendations shall be considered by the board of

  9  trustees at its next regularly scheduled meeting. The date,

10  time, place, and subject of this meeting shall be advertised

11  in the same manner as for any meeting of the board a newspaper

12  of general circulation in the municipality or special fire

13  control district, as appropriate, at least 10 days prior to

14  the date of the hearing.

15         (b)  For purposes of this subsection, a "professionally

16  qualified independent consultant" means a consultant who,

17  based on education and experience, is professionally qualified

18  to evaluate the performance of professional money managers,

19  and who, at a minimum:

20         1.  Provides his or her services on a flat-fee basis.

21         2.  Is not associated in any manner with the money

22  manager for the pension fund.

23         3.  Makes calculations according to the American

24  Banking Institute method of calculating time-weighted rates of

25  return. All calculations must be made net of fees.

26         4.  Has 3 or more years of experience working in the

27  public sector.

28         (7)  To assist the board in meeting its

29  responsibilities under this chapter, the board, if it so

30  elects, may:

31

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  1         (a)  Employ independent legal counsel at the pension

  2  fund's expense.

  3         (b)  Employ an independent actuary, as defined in s.

  4  175.032(6), at the pension fund's expense.

  5         (c)  Employ such independent professional, technical,

  6  or other advisers as it deems necessary at the pension fund's

  7  expense.

  8

  9  If the board chooses to use the city's or special district's

10  legal counsel or actuary, or chooses to use any of the city's

11  or special district's other professional, technical, or other

12  advisers, it shall do so only under terms and conditions

13  acceptable to the board.

14         Section 7.  Section 175.081, Florida Statutes, is

15  amended to read:

16         175.081  Use of annuity or insurance policies.--When

17  the board of trustees of any municipality, special fire

18  control district, chapter plan, local law municipality, local

19  law special fire control district, or local law plan purchases

20  annuity or life insurance contracts to provide all or any part

21  of the benefits as provided for by this chapter act, the

22  following principles shall be observed:

23         (1)  Only those firefighters who have been members of

24  the firefighters' pension trust fund for 1 year or more may

25  participate in the insured plan.

26         (2)  Individual policies shall be purchased only when a

27  group insurance plan is not feasible.

28         (3)  Each application and policy shall designate the

29  firefighters' pension trust fund as owner of the policy.

30         (4)  Policies shall be written on an annual premium

31  basis.

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  1         (5)  The type of policy shall be one which for the

  2  premium paid provides each individual with the maximum

  3  retirement benefit at his or her earliest statutory normal

  4  retirement age.

  5         (6)  Death benefit, if any, should not exceed:

  6         (a)  One hundred times the estimated normal retirement

  7  income, based on the assumption that the present rate of

  8  compensation continues without change to normal retirement

  9  date, or

10         (b)  Twice the annual rate of compensation as of the

11  date of termination of service, or

12         (c)  The single-sum value of the accrued deferred

13  retirement income (beginning at normal retirement date) at

14  date of termination of service, whichever is greatest.

15         (7)  An insurance plan may provide that the assignment

16  of insurance contract to separating firefighters shall be at

17  least equivalent to the return of the firefighters'

18  contributions used to purchase the contract. An assignment of

19  contract discharges the municipality or special fire control

20  district, as appropriate, from all further obligation to the

21  participant under the plan even though the cash value of such

22  contract may be less than the firefighters' contributions.

23         (8)  Provisions shall be made, either by issuance of

24  separate policies or otherwise, that the separating

25  firefighter does not receive cash value and other benefits

26  under the policies assigned to him or her which exceed the

27  present value of his or her vested interest under the

28  firefighters' pension trust fund, inclusive of his or her

29  contribution to the plan; the contributions by the state shall

30  not be exhausted faster merely because the method of funding

31  adopted was through insurance companies.

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  1         (9)  The firefighter shall have the right at any time

  2  to give the board of trustees written instructions designating

  3  the primary and contingent beneficiaries to receive death

  4  benefits or proceeds and the method of settlement of the death

  5  benefit or proceeds, or requesting a change in the beneficiary

  6  designation or method of settlement previously made, subject

  7  to the terms of the policy or policies on his or her life.

  8  Upon receipt of such written instructions, the board of

  9  trustees shall take necessary steps to effectuate the

10  designation or change of beneficiary or settlement option.

11         Section 8.  Section 175.091, Florida Statutes, is

12  amended to read:

13         175.091  Creation and maintenance of fund.--For any

14  municipality, special fire control district, chapter plan,

15  local law municipality, local law special fire control

16  district, or local law plan under this chapter:

17         (1)  The firefighters' pension trust fund in each

18  municipality and in each special fire control district shall

19  be created and maintained in the following manner:

20         (a)  By payment to the fund of the net proceeds of the

21  1.85-percent excise or other similar tax which may be imposed

22  by the municipality or special fire control district upon fire

23  insurance companies, fire insurance associations, or other

24  property insurers on their gross receipts on premiums from

25  holders of policies, which policies cover real or personal

26  property within the corporate limits of such municipality, in

27  the case of a municipal government, and within the legally

28  defined jurisdiction of the district, in the case of a special

29  fire control district.  Whenever a municipality maintains a

30  firefighters' pension trust fund under the provisions of this

31  chapter but is partially contained within the boundaries of a

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  1  special fire control district, that portion of the

  2  1.85-percent excise, license, or other similar tax which is

  3  collected for insurance policies covering property within the

  4  jurisdiction of both the municipality and the special fire

  5  control district shall be given to the firefighters' pension

  6  trust fund of the fire service provider.  Remaining revenues

  7  collected pursuant to this chapter shall be distributed to the

  8  municipality or special fire control district according to the

  9  location of the insured property.

10         (b)  Except as reduced or increased contributions are

11  authorized by subsection (2), by the payment to the fund of 5

12  percent of the salary of each uniformed firefighter who is a

13  member or duly enrolled in the fire department of any

14  municipality or special fire control district, which 5 percent

15  shall be deducted by the municipality or special fire control

16  district from the compensation due to the firefighter and paid

17  over to the board of trustees of the firefighters' pension

18  trust fund wherein such firefighter is employed.  A

19  firefighter participating in the old age survivors insurance

20  of the federal Social Security Law may limit his or her

21  contribution to the firefighters' pension trust fund to 3

22  percent of his or her annual compensation and receive reduced

23  benefits as set forth in ss. 175.191(5) and 175.211.  No

24  firefighter shall have any right to the money so paid into the

25  fund except as provided in this chapter.

26         (c)  By all fines and forfeitures imposed and collected

27  from any firefighter because of the violation of any rule and

28  regulation promulgated by the board of trustees.

29         (d)  By mandatory payment by the municipality or

30  special fire control district of a sum equal to the normal

31  cost of and the amount required to fund over a period of 40

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  1  years or on a 40-year basis, any actuarial deficiency shown by

  2  an a quinquennial actuarial valuation as provided in part VII

  3  of chapter 112.  The first such actuarial valuation shall be

  4  conducted for the calendar year ending December 31, 1967.

  5         (e)  By all gifts, bequests, and devises when donated

  6  to the fund.

  7         (f)  By all accretions to the fund by way of interest

  8  or dividends on bank deposits, or otherwise.

  9         (g)  By all other sources or income now or hereafter

10  authorized by law for the augmentation of such firefighters'

11  pension trust fund.

12         (2)  Member contribution rates may be adjusted as

13  follows:

14         (a)  The employing municipality or special fire control

15  district, by local ordinance or resolution, may elect to make

16  an employee's contributions.  However, under no circumstances

17  may a municipality or special fire control district reduce the

18  member contribution to less than one-half of 1 percent of

19  salary.

20         (b)  Firefighter member contributions may be increased

21  by consent of the members' collective bargaining

22  representative or, if none, by majority consent of firefighter

23  members of the fund to provide greater benefits.

24

25  Nothing in this section shall be construed to require

26  adjustment of member contribution rates in effect on the date

27  this act becomes a law, including rates that exceed 5 percent

28  of salary, provided that such rates are at least one-half of 1

29  percent of salary.

30         Section 9.  Section 175.101, Florida Statutes, is

31  amended to read:

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  1         175.101  State excise tax on property insurance

  2  premiums authorized; procedure.--For any municipality, special

  3  fire control district, chapter plan, local law municipality,

  4  local law special fire control district, or local law plan

  5  under this chapter:

  6         (1)  Each municipality or special fire control district

  7  in this state described and classified in s. 175.041, having a

  8  lawfully established firefighters' pension trust fund or

  9  municipal fund or special fire control district fund, by

10  whatever name known, providing pension benefits to

11  firefighters as provided under this chapter by whatever name

12  known, may assess and impose on every insurance company,

13  corporation, or other insurer now engaged in or carrying on,

14  or who shall hereinafter engage in or carry on, the business

15  of property insurance as shown by the records of the

16  Department of Insurance an excise tax in addition to any

17  lawful license or excise tax now levied by each of the

18  municipalities or special fire control districts,

19  respectively, amounting to 1.85 percent of the gross amount of

20  receipts of premiums from policyholders on all premiums

21  collected on property insurance policies covering property

22  within the corporate limits of such municipalities or within

23  the legally defined boundaries of special fire control

24  districts, respectively. This tax shall apply to all insurers,

25  whether authorized or not, transacting business in this state.

26  Whenever the boundaries of a special fire control district

27  that has lawfully established a firefighters' pension trust

28  fund encompass a portion of the corporate territory of a

29  municipality that has also lawfully established a

30  firefighters' pension trust fund, that portion of the tax

31  receipts attributable to insurance policies covering property

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  1  situated both within the municipality and the special fire

  2  control district shall be given to the fire service provider.

  3  The agent shall identify the fire service provider on the

  4  property owner's application for insurance.  Remaining

  5  revenues collected pursuant to this chapter shall be

  6  distributed to the municipality or special fire control

  7  district according to the location of the insured property.

  8         (2)  In the case of multiple peril policies with a

  9  single premium for both the property and casualty coverages in

10  such policies, 70 percent of such premium shall be used as the

11  basis for the 1.85-percent tax.

12         (3)  This excise tax shall be payable annually on March

13  1 of each year after the passage of an ordinance, in the case

14  of a municipality, or resolution, in the case of a special

15  fire control district, assessing and imposing the tax

16  authorized by this section.  Installments of taxes shall be

17  paid according to the provision of s. 624.5092(2)(a), (b), and

18  (c).

19         Section 10.  Section 175.111, Florida Statutes, is

20  amended to read:

21         175.111  Certified copy of ordinance or resolution

22  filed; insurance companies' annual report of premiums;

23  duplicate files; book of accounts.--For any municipality,

24  special fire control district, chapter plan, local law

25  municipality, local law special fire control district, or

26  local law plan under this chapter, whenever any municipality

27  passes an ordinance, or whenever any special fire control

28  district passes a resolution establishing a chapter plan or

29  local law plan, assessing and imposing the taxes authorized in

30  s. 175.101, a certified copy of such ordinance or resolution

31  shall be deposited with the division. Thereafter every

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  1  insurance company, association, corporation, or other insurer

  2  carrying on the business of property insurance on real or

  3  personal property, on or before the succeeding March 1 after

  4  date of the passage of the ordinance or resolution, shall

  5  report fully in writing and under oath to the division and the

  6  Department of Revenue a just and true account of all premiums

  7  by such insurer received for property insurance policies

  8  covering or insuring any real or personal property located

  9  within the corporate limits of each such municipality or

10  special fire control district during the period of time

11  elapsing between the date of the passage of the ordinance or

12  resolution and the end of the calendar year succeeding March

13  1.  The report shall include the code designation as

14  prescribed by the division for each piece of insured property,

15  real or personal, located within the corporate limits of each

16  municipality and within the legally defined boundaries of each

17  special fire control district.  The aforesaid insurer shall

18  annually thereafter, on March 1, file with the division and

19  the Department of Revenue a similar report covering the

20  preceding year's premium receipts, and every such insurer at

21  the same time of making such reports shall pay to the

22  Department of Revenue the amount of the tax hereinbefore

23  mentioned.  Every insurer engaged in carrying on such

24  insurance business in the state shall keep accurate books of

25  accounts of all such business done by it within the corporate

26  limits of each such municipality and within the legally

27  defined boundaries of each such special fire control district,

28  and in such manner as to be able to comply with the provisions

29  of this chapter.  Based on the insurers' reports of premium

30  receipts, the division shall prepare a consolidated premium

31  report and shall furnish to any municipality or special fire

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  1  control district requesting the same a copy of the relevant

  2  section of that report.

  3         Section 11.  Section 175.121, Florida Statutes, is

  4  amended to read:

  5         175.121  Department of Revenue and Division of

  6  Retirement to keep accounts of deposits; disbursements.--For

  7  any municipality or special fire control district having a

  8  chapter or local law plan established pursuant to this

  9  chapter:

10         (1)  The Department of Revenue shall keep a separate

11  account of all moneys collected for each municipality and each

12  special fire control district under the provisions of this

13  chapter. All moneys so collected must be transferred to the

14  Police and Firefighters' Premium Tax Trust Fund and shall be

15  separately accounted for by the division. The moneys budgeted

16  as necessary to pay the expenses of the division for the daily

17  oversight and monitoring of the firefighters' pension plans

18  under this chapter and for the oversight and actuarial reviews

19  conducted under part VII of chapter 112 are annually

20  appropriated from the interest and investment income earned on

21  the moneys collected for each municipality or special fire

22  control district and deposited in the Police and Firefighters'

23  Premium Tax Trust Fund.  Interest and investment income

24  remaining thereafter in the trust fund which is unexpended and

25  otherwise unallocated by law shall revert to the General

26  Revenue Fund on June 30 of each year.

27         (2)  The Comptroller shall, on or before July 1 June 1

28  of each year, and at such other times as authorized by the

29  division, draw his or her warrants on the full net amount of

30  money then on deposit in the Police and Firefighters' Premium

31  Tax Trust Fund pursuant to this chapter, specifying the

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  1  municipalities and special fire control districts to which the

  2  moneys must be paid and the net amount collected for and to be

  3  paid to each municipality or special fire control district,

  4  respectively, subject to the limitation on disbursement under

  5  s. 175.122. The sum payable to each municipality or special

  6  fire control district is appropriated annually out of the

  7  Police and Firefighters' Premium Tax Trust Fund. The warrants

  8  of the Comptroller shall be payable to the respective

  9  municipalities and special fire control districts entitled to

10  receive them and shall be remitted annually by the division to

11  the respective municipalities and special fire control

12  districts. In order for a municipality or special fire control

13  district and its pension fund to participate in the

14  distribution of premium tax moneys under this chapter, all the

15  provisions shall be complied with annually, including state

16  acceptance pursuant to part VII of chapter 112.

17         (3)(a)  All moneys not distributed to municipalities

18  and special fire control districts under this section as a

19  result of the limitation on disbursement contained in s.

20  175.122, or as a result of any municipality or special fire

21  control district not having qualified in any given year, or

22  portion thereof, shall be transferred to the Firefighters'

23  Supplemental Compensation Trust Fund administered by the

24  Department of Revenue, as provided in s. 633.382.

25         (b)1.  Moneys transferred under paragraph (a) but not

26  needed to support the supplemental compensation program in a

27  given year shall be redistributed pro rata to those

28  participating municipalities and special fire control

29  districts that transfer any portion of their funds to support

30  the supplemental compensation program in that year.  Such

31

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  1  additional moneys shall be used to cover or offset costs of

  2  the retirement plan.

  3         2.  To assist the Department of Revenue, the division

  4  shall identify those municipalities and special fire control

  5  districts that are eligible for redistribution as provided in

  6  s. 633.382(4)(c)2., by listing the municipalities and special

  7  fire control districts from which funds were transferred under

  8  paragraph (a) and specifying the amount transferred by each.

  9         Section 12.  Section 175.122, Florida Statutes, is

10  amended to read:

11         175.122  Limitation of disbursement.--For any

12  municipality, special fire control district, chapter plan,

13  local law municipality, local law special fire control

14  district, or local law plan under this chapter, any

15  municipality or special fire control district participating in

16  the firefighters' pension trust fund pursuant to the

17  provisions of this chapter, whether under a chapter plan or

18  local law plan, shall be limited to receiving any moneys from

19  such fund in excess of that produced by one-half of the excise

20  tax, as provided for in s. 175.101; however, any such

21  municipality or special fire control district receiving less

22  than 6 percent of its fire department payroll from such fund

23  shall be entitled to receive from such fund the amount

24  determined under s. 175.121, in excess of one-half of the

25  excise tax, not to exceed 6 percent of its fire department

26  payroll. Payroll amounts of members included in the Florida

27  Retirement System shall not be included.

28         Section 13.  Section 175.131, Florida Statutes, is

29  amended to read:

30         175.131  Funds received by municipality or special fire

31  control district; deposit in firefighters' pension trust

                                  32

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  1  fund.--For any municipality, special fire control district,

  2  chapter plan, local law municipality, local law special fire

  3  control district, or local law plan under this chapter, all

  4  state and other funds received by any municipality or special

  5  fire control district under the provisions of this chapter

  6  shall be deposited by such municipality or special fire

  7  control district immediately, and under no circumstances more

  8  than 5 days after receipt, with the board of trustees.

  9  Employee contributions, however, which are withheld by the

10  employer on behalf of an employee member shall be deposited

11  immediately after each pay period with the board of trustees

12  of the firefighters' pension trust fund at least monthly.

13  Employer contributions shall be deposited at least quarterly.

14         Section 14.  Section 175.141, Florida Statutes, is

15  amended to read:

16         175.141  Payment of excise tax credit on similar state

17  excise or license tax.--The tax herein authorized to be

18  imposed by each municipality and each special fire control

19  district shall in nowise be in addition to any similar state

20  excise or license tax imposed by part IV of chapter 624, but

21  the payor of the tax hereby authorized shall receive credit

22  therefor on his or her said state excise or license tax and

23  the balance of said state excise or license tax shall be paid

24  to the Department of Revenue Insurance Commissioner and

25  Treasurer as is now provided by law.

26         Section 15.  Section 175.151, Florida Statutes, is

27  amended to read:

28         175.151  Penalty for failure of insurers to comply with

29  this act.--Should any insurance company, corporation or other

30  insurer fail to comply with the provisions of this act, on or

31  before March 1 of each year as herein provided, the

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  1  certificate of authority issued to said insurance company,

  2  corporation or other insurer to transact business in this

  3  state may be canceled and revoked by the Department of

  4  Insurance, and it is unlawful for any such insurance company,

  5  corporation, or other insurer to transact business thereafter

  6  in this state unless such insurance company, corporation, or

  7  other insurer shall be granted a new certificate of authority

  8  to transact any business in this state, in compliance with

  9  provisions of law authorizing such certificate of authority to

10  be issued. The division is responsible for notifying the

11  Department of Insurance regarding any such failure to comply.

12         Section 16.  Section 175.152, Florida Statutes, is

13  repealed.

14         Section 17.  Section 175.162, Florida Statutes, is

15  amended to read:

16         175.162  Requirements for retirement.--For any

17  municipality, special fire control district, chapter plan,

18  local law municipality, local law special fire control

19  district, or local law plan under this chapter, any

20  firefighter who completes 10 or more years of creditable

21  service as a firefighter and attains age 55, or completes 25

22  years of creditable service as a firefighter and attains age

23  52, and who for such minimum period has been a member of the

24  firefighters' pension trust fund operating under a chapter

25  plan or local law plan, is eligible for normal retirement

26  benefits. Normal retirement under the plan is retirement from

27  the service of the municipality or special fire control

28  district on or after the normal retirement date.  In such

29  event, payment of retirement income will be governed by the

30  following provisions of this section:

31

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  1         (1)  The normal retirement date of each firefighter

  2  will be the first day of the month coincident with or next

  3  following the date on which he or she has completed 10 or more

  4  years of creditable service and attained age 55 or completed

  5  25 years of creditable service and attained age 52.

  6         (2)(a)  The amount of monthly retirement income payable

  7  to a full-time firefighter who retires on or after his or her

  8  normal retirement date shall be an amount equal to the number

  9  of his or her years of credited service multiplied by 2

10  percent of his or her average final compensation as a

11  full-time firefighter. If the plan has a cap on benefit

12  accrual which was in existence on January 1, 1997, the cap may

13  continue if and only if there is consent of the members'

14  collective bargaining representative or, if none, by majority

15  consent of the firefighter members of the fund to retain the

16  cap.  The vote to retain the cap must be held within 6 months

17  after the effective date of this act. The retirement income

18  shall be reduced for moneys received under the disability

19  provisions of this chapter. However, if current state

20  contributions pursuant to this chapter are not adequate to

21  fund the additional benefits to meet the minimum requirements

22  in this chapter, only such incremental increases shall be

23  required as state moneys are adequate to provide.  Such

24  increments shall be provided as state moneys become available.

25         (b)  The amount of monthly retirement income payable to

26  a volunteer firefighter who retires on or after his or her

27  normal retirement date shall firefighter who retires on or

28  after his or her normal retirement date shall equal the

29  greater of:

30

31

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  1         1.  be an amount equal to The number of his or her

  2  years of credited service multiplied by 2 percent of his or

  3  her average final compensation as a volunteer firefighter; or

  4         2.  The sum of $20 for each of the first 20 years of

  5  credited service and $5 for each additional year of credited

  6  service. If the firefighter has been contributing only 3

  7  percent of his or her salary, the firefighter's monthly

  8  retirement income shall be an amount equal to the number of

  9  his or her years of credited service multiplied by 1.2 percent

10  of his or her average final compensation.

11         (3)  The monthly retirement income payable in the event

12  of normal retirement will be payable on the first day of each

13  month.  The first payment will be made on the firefighter's

14  normal retirement date, or on the first day of the month

15  coincident with or next following his or her actual

16  retirement, if later, and the last payment will be the payment

17  due next preceding the firefighter's death; except that, in

18  the event the firefighter dies after retirement but before he

19  or she has received retirement benefits for a period of 10

20  years, the same monthly benefit will be paid to the

21  beneficiary (or beneficiaries) as designated by the

22  firefighter for the balance of such 10-year period.  If a

23  firefighter continues in the service of the municipality or

24  special fire control district beyond his or her normal

25  retirement date and dies prior to his or her date of actual

26  retirement, without an option made pursuant to s. 175.171

27  being in effect, monthly retirement income payments will be

28  made for a period of 10 years to a beneficiary (or

29  beneficiaries) designated by the firefighter as if the

30  firefighter had retired on the date on which his or her death

31  occurred.

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  1         (4)  Early retirement under the plan is retirement from

  2  the service of the municipality or special fire control

  3  district, with the consent of the municipality or special fire

  4  control district, as of the first day of any calendar month

  5  which is prior to the firefighter's normal retirement date but

  6  subsequent to the date as of which he or she has both attained

  7  the age of 50 years and has been a member of this fund for 10

  8  continuous years.  In the event of early retirement, payment

  9  of retirement income shall be governed as follows:  The

10  monthly amount of retirement income payable to a firefighter

11  who retires prior to his or her normal retirement date shall

12  be in the amount computed as described in subsection (2),

13  taking into account the firefighter's credited service to his

14  or her date of actual retirement and final monthly

15  compensation as of such date, such amount of retirement income

16  to be actuarially reduced to take into account the

17  firefighter's younger age and the earlier commencement of

18  retirement income benefits.  The amount of monthly income

19  payable in the event of early retirement will be paid in the

20  same manner as in subsection (3).  In no event shall the early

21  retirement reduction exceed 3 percent for each year by which

22  the member's age at retirement preceded the member's normal

23  retirement age, as provided in subsection (1).

24         Section 18.  Section 175.171, Florida Statutes, is

25  amended to read:

26         175.171  Optional forms of retirement income.--For any

27  municipality, special fire control district, chapter plan,

28  local law municipality, local law special fire control

29  district, or local law plan under this chapter:

30         (1)  In lieu of the amount and form of retirement

31  income payable in the event of normal or early retirement as

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  1  specified in s. 175.162, a firefighter, upon written request

  2  to the board of trustees and submission of evidence of good

  3  health (except that such evidence will not be required if such

  4  request is made at least 3 years prior to the date of

  5  commencement of retirement income or if such request is made

  6  within 6 months following the effective date of the plan, if

  7  later), and subject to the approval of the board of trustees,

  8  may elect to receive a retirement income or benefit of

  9  equivalent actuarial value payable in accordance with one of

10  the following options:

11         (a)  A retirement income of larger monthly amount,

12  payable to the firefighter for his or her lifetime only.

13         (b)  A retirement income of a modified monthly amount,

14  payable to the firefighter during the joint lifetime of the

15  firefighter and a dependent joint pensioner designated by the

16  firefighter, and following the death of either of them, 100

17  percent, 75 percent, 66 2/3  percent, or 50 percent of such

18  monthly amounts payable to the survivor for the lifetime of

19  the survivor.

20         (c)  Such other amount and form of retirement payments

21  or benefits as, in the opinion of the board of trustees, will

22  best meet the circumstances of the retiring firefighter.

23         1.  The firefighter upon electing any option of this

24  section will designate the joint pensioner or beneficiary (or

25  beneficiaries) to receive the benefit, if any, payable under

26  the plan in the event of his or her death, and will have the

27  power to change such designation from time to time, but any

28  such change shall be deemed a new election and will be subject

29  to approval by the board of trustees.  Such designation will

30  name a joint pensioner or one or more primary beneficiaries

31  where applicable. If a firefighter has elected an option with

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  1  a joint pensioner or beneficiary and his or her retirement

  2  income benefits have commenced, the firefighter may thereafter

  3  change the designated joint pensioner or beneficiary, but only

  4  if the board of trustees consents to such change and if the

  5  joint pensioner last previously designated by the firefighter

  6  is alive when the firefighter files with the board of trustees

  7  a request for such change.

  8         2.  The consent of a firefighter's joint pensioner or

  9  beneficiary to any such change shall not be required.

10         3.  The board of trustees may request such evidence of

11  the good health of the joint pensioner that is being removed

12  as it may require and the amount of the retirement income

13  payable to the firefighter upon designation of a new joint

14  pensioner shall be actuarially redetermined taking into

15  account the age and sex of the former joint pensioner, the new

16  joint pensioner, and the firefighter.  Each such designation

17  will be made in writing on a form prepared by the board of

18  trustees and on completion will be filed with the board of

19  trustees.  In the event that no designated beneficiary

20  survives the firefighter, such benefits as are payable in the

21  event of the death of the firefighter subsequent to his or her

22  retirement shall be paid as provided in s. 175.181.

23         (2)  Retirement income payments shall be made under the

24  option elected in accordance with the provisions of this

25  section and shall be subject to the following limitations:

26         (a)  If a firefighter dies prior to his or her normal

27  retirement date or early retirement date, whichever first

28  occurs, no retirement benefit will be payable under the option

29  to any person, but the benefits, if any, will be determined

30  under s. 175.201.

31

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  1         (b)  If the designated beneficiary (or beneficiaries)

  2  or joint pensioner dies before the firefighter's retirement

  3  under the plan, the option elected will be canceled

  4  automatically and a retirement income of the normal form and

  5  amount will be payable to the firefighter upon retirement as

  6  if the election had not been made, unless a new election is

  7  made in accordance with the provisions of this section or a

  8  new beneficiary is designated by the firefighter prior to

  9  retirement and within 90 days after the death of the

10  beneficiary.

11         (c)  If both the retired firefighter and the

12  beneficiary (or beneficiaries) designated by him or her die

13  before the full payment has been effected under any option

14  providing for payments for a period certain and life

15  thereafter, made pursuant to the provisions of paragraph

16  (1)(c), the board of trustees may, in its discretion, direct

17  that the commuted value of the remaining payments be paid in a

18  lump sum and in accordance with s. 175.181.

19         (d)  If a firefighter continues beyond his or her

20  normal retirement date pursuant to the provisions of s.

21  175.162(1) and dies prior to actual retirement and while an

22  option made pursuant to the provisions of this section is in

23  effect, monthly retirement income payments will be made, or a

24  retirement benefit will be paid, under the option to a

25  beneficiary (or beneficiaries) designated by the firefighter

26  in the amount or amounts computed as if the firefighter had

27  retired under the option on the date on which death occurred.

28         (3)  No firefighter may make any change in his or her

29  retirement option after the date of cashing or depositing the

30  first retirement check.

31

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  1         Section 19.  Section 175.181, Florida Statutes, is

  2  amended to read:

  3         175.181  Beneficiaries.--For any municipality, special

  4  fire control district, chapter plan, local law municipality,

  5  local law special fire control district, or local law plan

  6  under this chapter:

  7         (1)  Each firefighter may, on a form provided for that

  8  purpose, signed and filed with the board of trustees,

  9  designate a choice of one or more persons, named sequentially

10  or jointly, as his or her beneficiary (or beneficiaries) to

11  receive the benefit, if any, which may be payable in the event

12  of his or her death; and each designation may be revoked by

13  such firefighter by signing and filing with the board of

14  trustees a new designation-of-beneficiary form.

15         (2)  If no beneficiary is named in the manner provided

16  by subsection (1), or if no beneficiary designated by the

17  member survives him, a deceased firefighter fails to name a

18  beneficiary in the manner prescribed in subsection (1), or if

19  the beneficiary (or beneficiaries) named by a deceased

20  firefighter predecease the firefighter, the death benefit, if

21  any, which may be payable under the plan with respect to such

22  deceased firefighter shall may be paid by, in the discretion

23  of the board of trustees, either to the estate of such

24  deceased firefighter, provided that the board of trustees, in

25  its discretion, may direct that the commuted value of the

26  remaining monthly income payments be paid in a lump sum.:

27

28  Any payment made to any person pursuant to this subsection

29  shall operate as a complete discharge of all obligations under

30  the plan with regard to the deceased firefighter and any other

31  persons with rights under the plan and shall not be subject to

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  1  review by anyone but shall be final, binding, and conclusive

  2  on all persons ever interested hereunder.

  3         (a)  The spouse or dependent children of the

  4  firefighter; or

  5         (b)  The dependent living parents of the firefighter.

  6         (3)  Notwithstanding any other provision of law to the

  7  contrary, the surviving spouse of any pension participant

  8  member killed in the line of duty shall not lose survivor

  9  retirement benefits if the spouse remarries. The surviving

10  spouse of such deceased member whose benefit terminated

11  because of remarriage shall have the benefit reinstated as of

12  July 1, 1994, at an amount that would have been payable had

13  such benefit not been terminated. This paragraph shall apply

14  to all municipalities which receive state excise tax moneys as

15  provided in s. 175.101.

16         Section 20.  Section 175.191, Florida Statutes, is

17  amended to read:

18         175.191  Disability retirement.--For any municipality,

19  special fire control district, chapter plan, local law

20  municipality, local law special fire control district, or

21  local law plan under this chapter:

22         (1)  A firefighter having 10 or more continuous years

23  of credited service or a firefighter who becomes totally and

24  permanently disabled in the line of duty, regardless of length

25  of service, and having contributed to the firefighters'

26  pension trust fund for 10 years or more may retire from the

27  service of the municipality or special fire control district

28  under the plan if, prior to his or her normal retirement date,

29  the firefighter becomes totally and permanently disabled as

30  defined in subsection (2) by reason of any cause other than a

31  cause set out in subsection (3) on or after the effective date

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  1  of the plan.  Such retirement shall herein be referred to as

  2  "disability retirement."  The provisions for disability other

  3  than line-of-duty disability shall not apply to a member who

  4  has reached early or normal retirement age.

  5         (2)  A firefighter will be considered totally disabled

  6  if, in the opinion of the board of trustees, he or she is

  7  wholly prevented from rendering useful and efficient service

  8  as a firefighter; and a firefighter will be considered

  9  permanently disabled if, in the opinion of the board of

10  trustees, he or she is likely to remain so disabled

11  continuously and permanently from a cause other than is

12  specified in subsection (3).

13         (3)  A firefighter will not be entitled to receive any

14  disability retirement income if the disability is a result of:

15         (a)  Excessive and habitual use by the firefighter of

16  drugs, intoxicants, or narcotics;

17         (b)  Injury or disease sustained by the firefighter

18  while willfully and illegally participating in fights, riots,

19  or civil insurrections or while committing a crime;

20         (c)  Injury or disease sustained by the firefighter

21  while serving in any armed forces; or

22         (d)  Injury or disease sustained by the firefighter

23  after his or her employment has terminated.

24         (4)  No firefighter shall be permitted to retire under

25  the provisions of this section until he or she is examined by

26  a duly qualified physician or surgeon, to be selected by the

27  board of trustees for that purpose, and is found to be

28  disabled in the degree and in the manner specified in this

29  section.  Any firefighter retiring under this section may

30  shall be examined periodically by a duly qualified physician

31  or surgeon or board of physicians and surgeons, to be selected

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  1  by the board of trustees for that purpose, to determine if

  2  such disability has ceased to exist.

  3         (5)  The benefit benefits payable to a firefighter who

  4  retires from the service of a municipality or special fire

  5  control district due to total and permanent disability as a

  6  direct result of a disability commencing prior to his or her

  7  normal retirement date is the monthly income payable for 10

  8  years certain and life for which, if the firefighter's

  9  disability occurred in the line of duty, his or her monthly

10  benefit shall be the accrued retirement benefit, but shall not

11  be less than 42 percent of his or her average monthly salary

12  at the time of disability.  If after 10 years of service the

13  disability is other than in the line of duty, the

14  firefighter's monthly benefit shall be the accrued normal

15  retirement benefit, but shall not be less than 25 percent of

16  his or her average monthly salary at the time of disability.

17         (6)  The monthly retirement income to which a

18  firefighter is entitled in the event of his or her disability

19  retirement shall be payable on the first day of the first

20  month after the board of trustees determines such entitlement.

21  However, the monthly retirement income shall be payable as of

22  the date the board determines such entitlement, and any

23  portion due for a partial month shall be paid together with

24  the first payment.  The last payment will be, if the

25  firefighter recovers from the disability prior to his or her

26  normal retirement date, the payment due next preceding the

27  date of such recovery or, if the firefighter dies without

28  recovering from the disability, the payment due next preceding

29  his or her death or the 120th monthly payment, whichever is

30  later. In lieu of the benefit payment as provided in this

31  paragraph, a firefighter may select an optional form as

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  1  provided in s. 175.171. Any monthly retirement income payments

  2  due after the death of a disabled firefighter shall be paid to

  3  the firefighter's designated beneficiary (or beneficiaries) as

  4  provided in ss. 175.181 and 175.201.

  5         (7)  If the board of trustees finds that a firefighter

  6  who is receiving a disability retirement income is, at any

  7  time prior to his or her normal retirement date, no longer

  8  disabled, as provided herein, the board of trustees shall

  9  direct that the disability retirement income be discontinued.

10  "Recovery from disability" as used herein means the ability of

11  the firefighter to render useful and efficient service as a

12  firefighter.

13         (8)  If the firefighter recovers from disability and

14  reenters the service as a firefighter, service will be deemed

15  to have been continuous, but the period beginning with the

16  first month for which he or she received a disability

17  retirement income payment and ending with the date he or she

18  reentered the service may will not be considered as credited

19  service for the purpose of this plan.

20         Section 21.  Section 175.195, Florida Statutes, is

21  created to read:

22         175.195  False, misleading, or fraudulent statements

23  made to obtain public retirement benefits prohibited;

24  penalty.--

25         (1)  It is unlawful for a person to willfully and

26  knowingly make, or cause to be made, or to assist, conspire

27  with, or urge another to make, or cause to be made, any false,

28  fraudulent, or misleading oral or written statement to obtain

29  any benefit available under a retirement plan receiving

30  funding under this chapter.

31

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  1         (2)(a)  A person who violates subsection (1) commits a

  2  misdemeanor of the first degree, punishable as provided in s.

  3  775.082 or s. 775.083.

  4         (b)  In addition to any applicable criminal penalty,

  5  upon conviction for a violation described in subsection (1), a

  6  participant or beneficiary of a pension plan receiving funding

  7  under this chapter may, in the discretion of the board of

  8  trustees, be required to forfeit the right to receive any or

  9  all benefits to which the person would otherwise be entitled

10  under this chapter.  For purposes of this paragraph,

11  "conviction" means a determination of guilt that is the result

12  of a plea or trial, regardless of whether adjudication is

13  withheld.

14         Section 22.  Section 175.201, Florida Statutes, is

15  amended to read:

16         175.201  Death prior to retirement; refunds of

17  contributions; death benefits.--For any municipality, special

18  fire control district, chapter plan, local law municipality,

19  local law special fire control district, or local law plan

20  under this chapter:

21         (1)  If a firefighter dies before being eligible to

22  retire under the provisions of this act, the heirs, legatees,

23  beneficiaries, or personal representatives of such deceased

24  firefighter shall be entitled to a refund of 100 percent,

25  without interest, of the contributions made to the

26  firefighters' pension trust fund by such deceased firefighter

27  or, in the event an annuity or life insurance contract has

28  been purchased by the board of trustees on such firefighter,

29  then to the death benefits available under such life insurance

30  or annuity contract subject to the limitations on such death

31  benefits set forth in s. 175.081, whichever amount is greater.

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  1         (2)  If a firefighter having at least 10 years of

  2  credited service dies prior to retirement but has at least 10

  3  years of contributing service, his or her beneficiary is

  4  entitled to the benefits otherwise payable to the firefighter

  5  at early or normal retirement age.

  6

  7  In the event that the death benefit paid by a life insurance

  8  company exceeds the limit set forth in s. 175.081, the excess

  9  of the death benefit over the limit shall be paid to the

10  firefighters' pension trust fund. However, death the benefits

11  as provided pursuant to in s. 112.191 or any other state or

12  federal law shall not be included in the calculation of as

13  death or retirement benefits provided under this the

14  provisions of chapter 86-41, Laws of Florida.

15         Section 23.  Section 175.211, Florida Statutes, is

16  amended to read:

17         175.211  Separation from service; refunds.--For any

18  municipality, special fire control district, chapter plan,

19  local law municipality, local law special fire control

20  district, or local law plan under this chapter:

21         (1)  If a firefighter leaves the service of the

22  municipality or special fire control district before

23  accumulating aggregate time of 10 years toward retirement and

24  before being eligible to retire under the provisions of this

25  chapter, the firefighter shall be entitled to a refund of all

26  of his or her contributions made to the firefighters' pension

27  trust fund after July 1, 1963, without interest, less any

28  disability benefits paid to him or her after July 1, 1963.

29         (2)  If a firefighter who has been in the service of

30  the municipality or special fire control district for at least

31  10 years and has contributed to the firefighters' pension

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  1  trust fund for at least 10 years elects to leave his or her

  2  accrued contributions, if contributions are required, in the

  3  firefighters' pension trust fund, such firefighter upon

  4  attaining the age of 50 years may retire at the actuarial

  5  equivalent of the amount of such retirement income otherwise

  6  payable to him or her, as provided in s. 175.162(4), or upon

  7  attaining age 55 years may retire as provided in s.

  8  175.162(1).

  9         Section 24.  Section 175.221, Florida Statutes, is

10  amended to read:

11         175.221  Lump-sum payment of small retirement

12  income.--For any municipality, special fire control district,

13  chapter plan, local law municipality, local law special fire

14  control district, or local law plan under this chapter,

15  notwithstanding any provisions of the plan to the contrary, if

16  the monthly retirement income payable to any person entitled

17  to benefits hereunder is less than $100 $30, or if the

18  single-sum value of the accrued retirement income is less than

19  $5,000 $750, as of the date of retirement or termination of

20  service, whichever is applicable, the board of trustees, in

21  the exercise of its discretion, may specify that the actuarial

22  equivalent of such retirement income be paid in a lump sum.

23         Section 25.  Section 175.231, Florida Statutes, is

24  amended to read:

25         175.231  Diseases of firefighters suffered in line of

26  duty; presumption.--For any municipality, special fire control

27  district, chapter plan, local law municipality, local law

28  special fire control district, or local law plan under this

29  chapter, any condition or impairment of health of a

30  firefighter caused by tuberculosis, hypertension, or heart

31  disease resulting in total or partial disability or death

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  1  shall be presumed to have been accidental and suffered in the

  2  line of duty unless the contrary is shown by competent

  3  evidence, provided that, such firefighter shall have

  4  successfully passed a physical examination before entering

  5  into such service, which examination failed to reveal any

  6  evidence of such condition.  This section shall be applicable

  7  to all firefighters employed in Florida only with reference to

  8  pension and retirement benefits under this chapter.

  9         Section 26.  Section 175.241, Florida Statutes, is

10  amended to read:

11         175.241  Exemption from execution.--For any

12  municipality, special fire control district, chapter plan,

13  local law municipality, local law special fire control

14  district, or local law plan under this chapter, the pensions,

15  annuities, or other benefits accrued or accruing to any person

16  under any chapter plan or local law plan under the provisions

17  of this chapter act and the accumulated contributions and the

18  cash securities in the funds created under this chapter act

19  are hereby exempted from any state, county, or municipal tax

20  and shall not be subject to execution or attachment or to any

21  legal process whatsoever, and shall be unassignable.

22         Section 27.  Section 175.251, Florida Statutes, is

23  repealed.

24         Section 28.  Section 175.261, Florida Statutes, is

25  amended to read:

26         175.261  Annual report to Division of Retirement;

27  actuarial valuations reports.--For any municipality, special

28  fire control district, chapter plan, local law municipality,

29  local law special fire control district, or local law plan

30  under this chapter, the board of trustees for every chapter

31

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  1  plan and local law plan shall submit the following reports to

  2  the division:

  3         (1)  With respect to chapter plans:

  4         (a)  Each year, by February 1, the chair or secretary

  5  of the board of trustees of each firefighters' pension trust

  6  fund operating under a chapter plan shall file a report with

  7  the division which contains:

  8         1.(a)  A statement of whether in fact the municipality

  9  or special fire control district is within the provisions of

10  s. 175.041.

11         2.(b)  An independent audit by a certified public

12  accountant if the fund has $250,000 $100,000 or more in

13  assets, or a certified statement of accounting if the fund has

14  less than $250,000 $100,000 or more in assets, for the most

15  recent plan fiscal year of the municipality or special fire

16  control district, showing a detailed listing of assets and

17  methods used to value them and a statement of all income and

18  disbursements during the year.  Such income and disbursements

19  shall be reconciled with the assets at the beginning of and

20  end of the year.

21         3.(c)  A statistical exhibit showing the total number

22  of firefighters on the force, the number included in the

23  retirement plan and the number ineligible, classified

24  according to the reason for their being ineligible, and the

25  number of disabled firefighters and retired firefighters and

26  their beneficiaries receiving pension payments and the amounts

27  of annual retirement income or pension payments being received

28  by them.

29         4.(d)  A statement of the amount the municipality or

30  special fire control district, or other income source, has

31  contributed to the retirement fund for the most recent plan

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  1  fiscal year and the amount the municipality or special fire

  2  control district will contribute to the retirement fund during

  3  its current plan fiscal year.

  4         5.(e)  If any benefits are insured with a commercial

  5  insurance company, the report should include a statement of

  6  the relationship of the insured benefits to the benefits

  7  provided by this chapter as well as the name of the insurer

  8  and information about the basis of premium rates, mortality

  9  table, interest rates, and method used in valuing retirement

10  benefits.

11         (b)(2)  In addition to annual reports provided under

12  paragraph (a), by February 1 of each triennial year, an

13  actuarial valuation of the chapter plan must be made by the

14  division at least once every 3 years, as provided in s.

15  112.63, commencing 3 years from the last actuarial valuation

16  of the plan or system for existing plans, or commencing 3

17  years from issuance of the initial actuarial impact statement

18  submitted under s. 112.63 for newly created plans. beginning

19  with February 1, 1986, and at least every 3 years commencing

20  from the last actuarial report of the plan or system or from

21  February 1, 1987, if no actuarial report has been issued

22  within the 3-year period prior to February 1, 1986, To that

23  end, the chair of the board of trustees for each firefighters'

24  pension trust fund operating under a chapter plan shall report

25  to the division such data as that it needs to complete an

26  actuarial valuation of each fund. The forms for each

27  municipality and special fire control district shall be

28  supplied by the division.  The expense of this actuarial

29  valuation shall be borne by the firefighters' pension trust

30  fund established by ss. 175.041 and 175.121. The requirements

31

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  1  of this section are supplemental to the actuarial valuations

  2  necessary to comply with ss. 11.45 and 218.32.

  3         (2)  With respect to local law plans:

  4         (a)  Each year, on or before March 15, the trustees of

  5  the retirement plan shall submit the following information to

  6  the division in order for the retirement plan of such

  7  municipality or special fire control district to receive a

  8  share of the state funds for the then-current calendar year:

  9         1.  A certified copy of each and every instrument

10  constituting or evidencing the plan.  This includes the formal

11  plan, including all amendments, the trust agreement, copies of

12  all insurance contracts, and formal announcement material.

13         2.  An independent audit by a certified public

14  accountant if the fund has $250,000 or more in assets, or a

15  certified statement of accounting if the fund has less than

16  $250,000 in assets, for the most recent plan year, showing a

17  detailed listing of assets and a statement of all income and

18  disbursements during the year.  Such income and disbursements

19  must be reconciled with the assets at the beginning and end of

20  the year.

21         3.  A certified statement listing the investments of

22  the plan and a description of the methods used in valuing the

23  investments.

24         4.  A statistical exhibit showing the total number of

25  firefighters, the number included in the plan, and the number

26  ineligible classified according to the reasons for their being

27  ineligible, and the number of disabled and retired

28  firefighters and their beneficiaries receiving pension

29  payments and the amounts of annual retirement income or

30  pension payments being received by them.

31

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  1         5.  A certified statement describing the methods,

  2  factors, and actuarial assumptions used in determining the

  3  cost.

  4         6.  A certified statement by an enrolled actuary

  5  showing the results of the latest actuarial valuation of the

  6  plan and a copy of the detailed worksheets showing the

  7  computations used in arriving at the results.

  8         7.  A statement of the amount the municipality or

  9  special fire control district, or other income source, has

10  contributed toward the plan for the most recent plan year and

11  will contribute toward the plan for the current plan year.

12

13  When any of the items required hereunder is identical to the

14  corresponding item submitted for a previous year, it is not

15  necessary for the trustees to submit duplicate information if

16  they make reference to the item in the previous year's report.

17         (b)  In addition to annual reports provided under

18  paragraph (a), an actuarial valuation of the retirement plan

19  must be made at least once every 3 years, as provided in s.

20  112.63, commencing 3 years from the last actuarial valuation

21  of the plan or system for existing plans, or commencing 3

22  years from issuance of the initial actuarial impact statement

23  submitted under s. 112.63 for newly created plans.  Such

24  valuation shall be prepared by an enrolled actuary, subject to

25  the following conditions:

26         1.  The assets shall be valued as provided in s.

27  112.625(7).

28         2.  The cost of the actuarial valuation must be paid by

29  the individual firefighters' retirement fund or by the

30  sponsoring municipality or special fire control district.

31

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  1         3.  A report of the valuation, including actuarial

  2  assumptions and type and basis of funding, shall be made to

  3  the division within 3 months after the date of valuation.  If

  4  any benefits are insured with a commercial insurance company,

  5  the report must include a statement of the relationship of the

  6  retirement plan benefits to the insured benefits, the name of

  7  the insurer, the basis of premium rates, and the mortality

  8  table, interest rate, and method used in valuing the

  9  retirement benefits.

10         Section 29.  Section 175.291, Florida Statutes, is

11  repealed.

12         Section 30.  Section 175.301, Florida Statutes, is

13  amended to read:

14         175.301  Depository for pension funds.--For any

15  municipality, special fire control district, chapter plan,

16  local law municipality, local law special fire control

17  district, or local law plan under this chapter, all funds and

18  securities of the firefighters' pension trust fund of any

19  chapter plan or local law plan under this chapter may be

20  deposited by the board of trustees with the treasurer of the

21  municipality or special fire control district, acting in a

22  ministerial capacity only, who shall be liable in the same

23  manner and to the same extent as he or she is liable for the

24  safekeeping of funds for the municipality or special fire

25  control district. However, any funds and securities so

26  deposited with the treasurer of the municipality or special

27  fire control district shall be kept in a separate fund by the

28  treasurer or clearly identified as such funds and securities

29  of the firefighters' pension trust fund.  In lieu thereof, the

30  board of trustees shall deposit the funds and securities of

31  the firefighters' pension trust fund in a qualified public

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  1  depository as defined in s. 280.02, which depository with

  2  regard to such funds and securities shall conform to and be

  3  bound by all of the provisions of chapter 280.

  4         Section 31.  Section 175.311, Florida Statutes, is

  5  amended to read:

  6         175.311  Municipalities, special fire control

  7  districts, and boards independent of each other.--In the

  8  enforcement and in the interpretation of the provisions of

  9  this chapter for any municipality, special fire control

10  district, chapter plan, local law municipality, local law

11  special fire control district, or local law plan under this

12  chapter, each municipality and each special fire control

13  district shall be independent of any other municipality or

14  special fire control district, and the board of trustees of

15  the firefighters' pension trust fund of each municipality and

16  each special fire control district shall function for the

17  municipality or special fire control district that which it

18  serves as trustee.  Each board of trustees shall be

19  independent of the municipality or special fire control

20  district for which it serves as board of trustees to the

21  extent required to accomplish the intent, requirements, and

22  responsibilities provided for in this chapter.

23         Section 32.  Section 175.321, Florida Statutes, is

24  repealed.

25         Section 33.  Section 175.331, Florida Statutes, is

26  repealed.

27         Section 34.  Section 175.333, Florida Statutes, is

28  amended to read:

29         175.333  Discrimination in benefit formula prohibited;

30  restrictions regarding designation of joint annuitants.--For

31  any municipality, special fire control district, chapter plan,

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  1  local law municipality, local law special fire control

  2  district, or local law plan under this chapter:

  3         (1)  No plan established under the provisions of this

  4  chapter and participating in the distribution of premium tax

  5  moneys as provided in this chapter shall discriminate in its

  6  benefit formula based on color, national origin, sex, or

  7  marital status.; however,

  8         (2)(a)  If a plan offers a joint annuitant option and

  9  the member selects such option, or if a the plan specifies

10  that the member's spouse is to receive the benefits that which

11  continue to be payable upon the death of the member, then, in

12  both of these cases, after retirement the benefits have

13  commenced, a retired member may change his or her designation

14  of joint annuitant or beneficiary only twice.

15         (b)  Any If said retired member who desires to change

16  his or her joint annuitant or beneficiary, the member shall

17  file with the board of trustees of his or her plan a notarized

18  notice of such change either by registered letter or on such a

19  form as is provided by the administrator of the plan.  Upon

20  receipt of a completed change of joint annuitant form or such

21  other notice, the board of trustees shall adjust the member's

22  monthly benefit by the application of actuarial tables and

23  calculations developed to ensure that the benefit paid is the

24  actuarial equivalent of the present value of the member's

25  current benefit.

26

27  Nothing herein shall preclude a plan from actuarially

28  adjusting benefits or offering options based upon sex, age,

29  early retirement, or disability.

30         Section 35.  Section 175.341, Florida Statutes, is

31  amended to read:

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  1         175.341  Duties of Division of Retirement; rulemaking

  2  authority; investments by the State Board of Administration.--

  3         (1)  The division shall be responsible for the daily

  4  oversight and monitoring for actuarial soundness of the

  5  firefighters' pension plans, whether chapter or local law

  6  plans, established under this chapter, for receiving and

  7  holding the premium tax moneys collected under this chapter,

  8  and, upon determining compliance with the provisions of this

  9  chapter, for disbursing those moneys to the firefighters'

10  pension plans.  The funds necessary to pay expenses for such

11  administration shall be annually appropriated from the

12  interest and investment income earned on moneys deposited in

13  the trust fund.

14         (2)  The division shall adopt rules necessary for the

15  administration of this chapter.

16         (3)  The State Board of Administration shall invest and

17  reinvest the moneys in the trust fund collected under this

18  chapter in accordance with ss. 215.44-215.53.  Costs incurred

19  by the board in carrying out the provisions of this subsection

20  shall be deducted from the interest and investment income

21  accruing to the trust fund.

22         Section 36.  Section 175.351, Florida Statutes, is

23  amended to read:

24         (Substantial rewording of section.  See

25         s. 175.351, F.S., for present text.)

26         175.351  Municipalities and special fire control

27  districts having their own pension plans for

28  firefighters.--For any municipality, special fire control

29  district, local law municipality, local law special fire

30  control district, or local law plan under this chapter, in

31  order for municipalities and special fire control districts

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  1  with their own pension plans for firefighters, or for

  2  firefighters and police officers, where included, to

  3  participate in the distribution of the tax fund established

  4  pursuant to s. 175.101, local law plans must meet the minimum

  5  benefits and minimum standards set forth in this chapter.

  6         (1)  PREMIUM TAX INCOME.--If a municipality has a

  7  pension plan for firefighters, or a pension plan for

  8  firefighters and police officers, where included, which in the

  9  opinion of the division meets the minimum benefits and minimum

10  standards set forth in this chapter, the board of trustees of

11  the pension plan, as approved by a majority of firefighters of

12  the municipality, may:

13         (a)  Place the income from the premium tax in s.

14  175.101 in such pension plan for the sole and exclusive use of

15  its firefighters, or for firefighters and police officers,

16  where included, where it shall become an integral part of that

17  pension plan and shall be used to pay extra benefits to the

18  firefighters included in that pension plan; or

19         (b)  Place the income from the premium tax in s.

20  175.101 in a separate supplemental pension plan to pay extra

21  benefits to firefighters, or to firefighters and police

22  officers where included, participating in such separate

23  supplemental pension plan.

24

25  Anything to the contrary notwithstanding, the premium tax

26  provided by this chapter shall in all cases be used in its

27  entirety to provide extra benefits to firefighters, or to

28  firefighters and police officers where included. For purposes

29  of this chapter, the term "extra benefits" means benefits in

30  addition to or greater than those provided to general

31  employees of the municipality.

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  1         (2)  ADOPTION OR REVISION OF A LOCAL LAW PLAN.--No

  2  retirement plan or amendment to a retirement plan shall be

  3  proposed for adoption unless the proposed plan or amendment

  4  contains an actuarial estimate of the costs involved.  No such

  5  proposed plan or proposed plan change shall be adopted without

  6  the approval of the municipality, special fire control

  7  district, or, where permitted, the Legislature. Copies of the

  8  proposed plan or proposed plan change and the actuarial impact

  9  statement of the proposed plan or proposed plan change shall

10  be furnished to the division prior to the last public hearing

11  thereon.  Such statement shall also indicate whether the

12  proposed plan or proposed plan change is in compliance with s.

13  14, Art. X of the State Constitution and those provisions of

14  part VII of chapter 112 which are not expressly provided in

15  this chapter.

16         (3)  Notwithstanding any other provision, with respect

17  to any supplemental plan municipality:

18         (a)  Section 175.032(3)(a) shall not apply, and a local

19  law plan and a supplemental plan may continue to use their

20  definition of compensation or salary in existence on the

21  effective date of this act.

22         (b)  Section 175.061(1)(b) shall not apply, and a local

23  law plan and a supplemental plan shall continue to be

24  administered by a board or boards of trustees numbered,

25  constituted, and selected as the board or boards were

26  numbered, constituted, and selected on January 1, 1997.

27         (c)  Paragraphs (1)(a) and (b) shall not apply.

28         (4)  The retirement plan setting forth the benefits and

29  the trust agreement, if any, covering the duties and

30  responsibilities of the trustees and the regulations of the

31  investment of funds must be in writing, and copies thereof

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  1  must be made available to the participants and to the general

  2  public.

  3         Section 37.  Section 175.361, Florida Statutes, is

  4  amended to read:

  5         175.361  Termination of plan and distribution of

  6  fund.--For any municipality, special fire control district,

  7  chapter plan, local law municipality, local law special fire

  8  control district, or local law plan under this chapter, the

  9  plan may be terminated by the municipality or special fire

10  control district.  Upon termination of the plan by the

11  municipality or special fire control district for any reason

12  or because of a transfer, merger, or consolidation of

13  governmental units, services, or functions as provided in

14  chapter 121, or upon written notice by the municipality or

15  special fire control district to the board of trustees that

16  contributions under the plan are being permanently

17  discontinued, the rights of all employees to benefits accrued

18  to the date of such termination and the amounts credited to

19  the employees' accounts are nonforfeitable. The fund shall be

20  apportioned and distributed in accordance with the following

21  procedures:

22         (1)  The board of trustees shall determine the date of

23  distribution and the asset value to be distributed, after

24  taking into account the expenses of such distribution.

25         (2)  The board of trustees shall determine the method

26  of distribution of the asset value, that is, whether

27  distribution shall be by payment in cash, by the maintenance

28  of another or substituted trust fund, by the purchase of

29  insured annuities, or otherwise, for each firefighter entitled

30  to benefits under the plan as specified in subsection (3).

31

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  1         (3)  The board of trustees shall apportion the asset

  2  value as of the date of termination in the manner set forth in

  3  this subsection, on the basis that the amount required to

  4  provide any given retirement income shall mean the actuarially

  5  computed single-sum value of such retirement income, except

  6  that if the method of distribution determined under subsection

  7  (2) involves the purchase of an insured annuity, the amount

  8  required to provide the given retirement income shall mean the

  9  single premium payable for such annuity.

10         (a)  Apportionment shall first be made in respect of

11  each retired firefighter receiving a retirement income

12  hereunder on such date, each person receiving a retirement

13  income on such date on account of a retired (but since

14  deceased) firefighter, and each firefighter who has, by such

15  date, become eligible for normal retirement but has not yet

16  retired, in the amount required to provide such retirement

17  income, provided that, if such asset value is less than the

18  aggregate of such amounts, such amounts shall be

19  proportionately reduced so that the aggregate of such reduced

20  amounts will be equal to such asset value.

21         (b)  If there is any asset value remaining after the

22  apportionment under paragraph (a), apportionment shall next be

23  made in respect of each firefighter in the service of the

24  municipality or special fire control district on such date who

25  has completed at least 10 years of credited service, in who

26  has contributed to the firefighters' pension trust fund for at

27  least 10 years, and who is not entitled to an apportionment

28  under paragraph (a), in the amount required to provide the

29  actuarial equivalent of the accrued normal retirement income,

30  based on the firefighter's credited service and earnings to

31  such date, and each former participant then entitled to a

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  1  benefit under the provisions of s. 175.211 who has not by such

  2  date reached his or her normal retirement date, in the amount

  3  required to provide the actuarial equivalent of the accrued

  4  normal retirement income to which he or she is entitled under

  5  s. 175.211; provided that, if such remaining asset value is

  6  less than the aggregate of the amounts apportioned hereunder,

  7  such latter amounts shall be proportionately reduced so that

  8  the aggregate of such reduced amounts will be equal to such

  9  remaining asset value.

10         (c)  If there is any asset value after the

11  apportionments under paragraphs (a) and (b), apportionment

12  shall lastly be made in respect of each firefighter in the

13  service of the municipality or special fire control district

14  on such date who is not entitled to an apportionment under

15  paragraphs (a) and (b) in the amount equal to the

16  firefighter's total contributions to the plan to date of

17  termination; provided that, if such remaining asset value is

18  less than the aggregate of the amounts apportioned hereunder,

19  such latter amounts shall be proportionately reduced so that

20  the aggregate of such reduced amounts will be equal to such

21  remaining asset value.

22         (d)  In the event that there is asset value remaining

23  after the full apportionment specified in paragraphs (a), (b),

24  and (c), such excess shall be returned to the municipality or

25  special fire control district, less return to the state of the

26  state's contributions, provided that, if the excess is less

27  than the total contributions made by the municipality or

28  special fire control district and the state to date of

29  termination of the plan, such excess shall be divided

30  proportionately to the total contributions made by the

31  municipality or special fire control district and the state.

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  1         (4)  The board of trustees shall distribute, in

  2  accordance with the manner of distribution determined under

  3  subsection (2), the amounts apportioned under subsection (3).

  4

  5  If, after a period of 24 months after the date on which the

  6  plan terminated or the date on which the board received

  7  written notice that the contributions thereunder were being

  8  permanently discontinued, the municipality or special fire

  9  control district or the board of trustees of the firefighters'

10  pension trust fund affected has not complied with all the

11  provisions in this section, the division shall effect the

12  termination of the fund in accordance with this section.

13         Section 38.  Section 175.371, Florida Statutes, is

14  amended to read:

15         175.371  Transfer to another state retirement system;

16  benefits payable.--For any municipality, special fire control

17  district, chapter plan, local law municipality, local law

18  special fire control district, or local law plan under this

19  chapter:

20         (1)  Any firefighter who has a vested right to benefits

21  under a pension plan created pursuant to the provisions of

22  this chapter and who elects to participate in another state

23  retirement system may not receive a benefit under the

24  provisions of the latter retirement system for any year's

25  service for which benefits are paid under the provisions of

26  the pension plan created pursuant to this chapter.

27         (2)  When every active participant in any pension plan

28  created pursuant to this chapter elects to transfer to another

29  state retirement system, the pension plan created pursuant to

30  this chapter shall be terminated and the assets distributed in

31  accordance with s. 175.361.  If some participants in a pension

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  1  plan created pursuant to this chapter elect to transfer to

  2  another state retirement system and other participants elect

  3  to remain in the existing plan created pursuant to this

  4  chapter, the plan created pursuant to this chapter shall

  5  remain in effect until fully funded and shall then be

  6  terminated in accordance with s. 175.361.

  7         Section 39.  Section 175.381, Florida Statutes, is

  8  amended to read:

  9         (Substantial rewording of section.  See

10         s. 175.381, F.S., for present text.)

11         175.381  Applicability.--This act shall apply to all

12  municipalities, special fire control districts, chapter plans,

13  local law municipalities, local law special fire control

14  districts, or local law plans presently existing or to be

15  created pursuant to this chapter.  Those plans presently

16  existing pursuant to s. 175.351 and not in compliance with the

17  provisions of this act must comply no later than December 31,

18  1998.  However, the plan sponsor of any plan established by

19  special act of the Legislature shall have until July 1, 1999,

20  to comply with the provisions of this act, except as otherwise

21  provided in this act with regard to establishment and election

22  of board members.  The provisions of this act shall be

23  construed to establish minimum standards and minimum benefit

24  levels, and nothing contained in this act or in chapter 175

25  shall operate to reduce presently existing rights or benefits

26  of any firefighter, directly, indirectly, or otherwise.

27         Section 40.  Section 175.391, Florida Statutes, is

28  repealed.

29         Section 41.  Section 175.401, Florida Statutes, is

30  amended to read:

31

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  1         175.401  Retiree health insurance subsidy.--For any

  2  municipality, special fire control district, chapter plan,

  3  local law municipality, local law special fire control

  4  district, or local law plan under this chapter, under the

  5  broad grant of home rule powers under the Florida Constitution

  6  and chapter 166, municipalities have the authority to

  7  establish and administer locally funded health insurance

  8  subsidy programs.  In addition, special fire control districts

  9  may, by resolution, establish and administer locally funded

10  health insurance subsidy programs.  Pursuant thereto:

11         (1)  PURPOSE.--The purpose of this section is to allow

12  municipalities and special fire control districts the option

13  to use premium tax moneys, as provided for under this chapter,

14  to establish and administer health insurance subsidy programs

15  which will provide a monthly subsidy payment to retired

16  members of any firefighters' pension trust fund system or plan

17  as provided under this chapter, or to beneficiaries who are

18  spouses or financial dependents entitled to receive benefits

19  under such a plan, in order to assist such retired members or

20  beneficiaries in paying the costs of health insurance.

21         (2)  RETIREE HEALTH INSURANCE SUBSIDY TRUST FUNDS;

22  ESTABLISHMENT AND TERMINATION.--

23         (a)  Any municipality or special fire control district

24  having a firefighters' pension trust fund system or plan as

25  provided under this chapter may, in its discretion, establish

26  by ordinance or resolution, as appropriate, a trust fund to be

27  known as the firefighters' retiree health insurance subsidy

28  trust fund. This fund may be a separate account established

29  for such purpose in the existing firefighters' pension fund,

30  provided that all funds deposited in such account are

31  segregated from, and not commingled with, pension funds or

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  1  other public moneys and that the account otherwise conforms to

  2  the requirements of subsection (8).  The trust fund shall be

  3  used to account for all moneys received and disbursed pursuant

  4  to this section.

  5         (b)  Prior to the second reading of the ordinance

  6  before the municipal legislative body, or of the resolution

  7  before the governing body of the special fire control

  8  district, an actuarial valuation must be performed by an

  9  enrolled actuary as provided in s. 112.63, and copies of the

10  valuation and the proposed implementing ordinance or

11  resolution shall be furnished to the division.

12         (c)  The subsidy program may, at the discretion of the

13  municipal governing body, be permanently discontinued by

14  municipal ordinance, and at the discretion of the governing

15  body of a special fire control district may be permanently

16  discontinued by resolution, at any time, subject to the

17  requirements of any applicable collective bargaining

18  agreement, in the same manner and subject to the same

19  conditions established for plan termination and fund

20  distribution under s. 175.361.

21         (3)  FUNDING.--Trust funds established pursuant to this

22  section shall be funded in the following manner:

23         (a)  By payment to the fund of an amount equivalent to

24  one-half of the net increase over the previous tax year in the

25  premium tax funds provided for in this chapter, said amount to

26  be established in the implementing ordinance or resolution.

27         (b)  By no less than one-half of 1 percent of the base

28  salary of each firefighter, for so long as the firefighter is

29  employed and covered by a pension plan established pursuant to

30  this chapter. The municipality or special fire control

31  district, with approval of the board of trustees, may increase

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  1  member contributions if needed to fund benefits greater than

  2  the minimums established in this section.

  3         (c)  By payment by the municipality or special fire

  4  control district, on at least a quarterly basis, of whatever

  5  sum is determined necessary to maintain the actuarial

  6  soundness of the fund in accordance with s. 112.64.

  7

  8  Such contributions and payments shall be submitted to the

  9  board of trustees of the firefighters' pension trust fund, or

10  the plan trustees in the case of local law plans established

11  under s. 175.351, and deposited in the firefighters' retiree

12  health insurance subsidy trust fund, in the same manner and

13  subject to the same time constraints as provided under s.

14  175.131.

15         (4)  ELIGIBILITY FOR RETIREE HEALTH INSURANCE

16  SUBSIDY.--A person who has contributed to the retiree health

17  insurance subsidy trust fund and retires under a firefighters'

18  pension trust fund system or plan as provided under this

19  chapter, including any local law plan as provided under s.

20  175.351, or a beneficiary who is a spouse or financial

21  dependent entitled to receive benefits under such a plan, is

22  eligible for health insurance subsidy payments provided under

23  this section.  However, the fund, with approval of the board

24  of trustees and approval of the municipality or special fire

25  control district, may provide coverage to retirees and

26  beneficiaries when the retirees have not contributed to the

27  fund as provided in subsection (3). Payment of the retiree

28  health insurance subsidy shall be made only after coverage for

29  health insurance for the retiree or beneficiary has been

30  certified in writing to the board of trustees of the

31  firefighters' pension trust fund.

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  1         (5)  RETIREE HEALTH INSURANCE SUBSIDY

  2  AMOUNT.--Beginning on the effective date established in the

  3  implementing ordinance or resolution, each eligible retiree,

  4  or beneficiary who is a spouse or financial dependent thereof,

  5  shall receive a monthly retiree health insurance subsidy

  6  payment equal to the aggregate number of years of service, as

  7  defined in s. 175.032, completed at the time of retirement

  8  multiplied by an amount determined in the implementing

  9  ordinance or resolution, but no less than $3 for each year of

10  service.  Nothing herein shall be construed to restrict the

11  plan sponsor from establishing, in the implementing ordinance

12  or resolution, a cap of no less than 30 years upon the number

13  of years' service for which credit will be given toward a

14  health insurance subsidy or a maximum monthly subsidy amount.

15         (6)  PAYMENT OF RETIREE HEALTH INSURANCE

16  SUBSIDY.--Beginning on the effective date established in the

17  implementing ordinance or resolution, any monthly retiree

18  health insurance subsidy amount due and payable under this

19  section shall be paid to retired members, or their eligible

20  beneficiaries, by the board of trustees of the firefighters'

21  pension trust fund, or the plan trustees in the case of local

22  law plans established under s. 175.351, in the same manner as

23  provided by s. 175.071(1)(c) for drafts upon the pension fund.

24         (7)  INVESTMENT OF THE TRUST FUND.--The trustees of the

25  firefighters' pension trust fund, or the plan trustees in the

26  case of local law plans established under s. 175.351, are

27  hereby authorized to invest and reinvest the funds of the

28  firefighters' retiree health insurance subsidy trust fund in

29  the same manner and subject to the same conditions as apply

30  hereunder to the investment of firefighters' pension funds

31  under s. 175.071.

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  1         (8)  DEPOSIT OF HEALTH INSURANCE SUBSIDY FUNDS.--All

  2  funds and securities of the health insurance subsidy fund may

  3  be deposited by the board of trustees with the treasurer of

  4  the municipality or special fire control district, acting in a

  5  ministerial capacity only, who shall be liable in the same

  6  manner and to the same extent as he or she is liable for the

  7  safekeeping of funds for the municipality or special fire

  8  control district.  Any funds so deposited shall be segregated

  9  by the treasurer in a separate fund, clearly identified as

10  funds and securities of the health insurance subsidy fund.  In

11  lieu thereof, the board of trustees shall deposit the funds

12  and securities of the health insurance subsidy fund in a

13  qualified public depository as defined in s. 280.02, which

14  shall conform to and be bound by the provisions of chapter 280

15  with regard to such funds.  In no case shall the funds of the

16  health insurance subsidy fund be deposited in any financial

17  institution, brokerage house trust company, or other entity

18  that is not a public depository as provided by s. 280.02.

19         (9)  SEPARATION FROM SERVICE; REFUNDS.--Any firefighter

20  who terminates employment with a municipality or special fire

21  control district having a retiree health insurance subsidy

22  trust fund system or plan as provided under this section shall

23  be entitled to a refund of all employee contributions he or

24  she made to that trust fund, without interest, regardless of

25  whether the firefighter has vested for purposes of retirement.

26  Any firefighter who has vested for purposes of retirement in

27  the service of the municipality or special fire control

28  district, and has contributed to the firefighters' retiree

29  health insurance subsidy trust fund for so long as he or she

30  was eligible to make such contributions, may, in his or her

31  discretion, elect to leave his or her accrued contributions in

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  1  the fund, whereupon, such firefighter shall, upon retiring and

  2  commencing to draw retirement benefits, receive a health

  3  insurance subsidy based upon his or her aggregate number of

  4  years of service, as defined in s. 175.032.

  5         (10)  ADMINISTRATION OF SYSTEM; ACTUARIAL VALUATIONS;

  6  AUDITS; RULES; ADMINISTRATIVE COSTS.--The board of trustees of

  7  the firefighters' pension trust fund, or the plan trustees in

  8  the case of local law plans established under s. 175.351,

  9  shall be solely responsible for administering the health

10  insurance subsidy trust fund.  Pursuant thereto:

11         (a)  As part of its administrative duties, no less

12  frequently than every 3 years, the board shall have an

13  actuarial valuation of the firefighters' retiree health

14  insurance subsidy trust fund prepared as provided in s. 112.63

15  by an enrolled actuary, covering the same reporting period or

16  plan year used for the firefighters' pension plan, and shall

17  submit a report of the valuation, including actuarial

18  assumptions and type and basis of funding, to the division.

19         (b)  By February 1 of each year, the trustees shall

20  file a report with the division, containing an independent

21  audit by a certified public accountant if the fund has

22  $250,000 $100,000 or more in assets, or a certified statement

23  of accounting if the fund has less than $250,000 $100,000 in

24  assets, for the most recent plan fiscal year of the

25  municipality or special fire control district, showing a

26  detailed listing of assets and methods used to value them and

27  a statement of all income and disbursements during the year.

28  Such income and disbursements shall be reconciled with the

29  assets at the beginning of and end of the year.

30

31

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  1         (c)  The trustees may adopt such rules and regulations

  2  as are necessary for the effective and efficient

  3  administration of this section.

  4         (d)  At the discretion of the plan sponsor, the cost of

  5  administration may be appropriated from the trust fund or paid

  6  directly by the plan sponsor.

  7         (11)  BENEFITS.--Subsidy payments shall be payable

  8  under the firefighters' retiree health insurance subsidy

  9  program only to participants in the program or their

10  beneficiaries.  Such subsidy payments shall not be subject to

11  assignment, execution, or attachment or to any legal process

12  whatsoever, and shall be in addition to any other benefits to

13  which eligible recipients are entitled under any workers'

14  compensation law, pension law, collective bargaining

15  agreement, municipal or county ordinance, or any other state

16  or federal statute.

17         (12)  DISTRIBUTION OF PREMIUM TAXES; COMPLIANCE

18  REQUIRED.--Premium tax dollars for which spending authority is

19  granted under this section shall be distributed from the

20  Police and Firefighters' Premium Tax Trust Fund and remitted

21  annually to municipalities and special fire control districts

22  in the same manner as provided under this chapter for

23  firefighters' pension funds. Once a health insurance subsidy

24  plan has been implemented by a municipality or special fire

25  control district under this section, in order for the

26  municipality or special fire control district to participate

27  in the distribution of premium tax dollars authorized under

28  this section, all provisions of this section, including state

29  acceptance pursuant to part VII of chapter 112, shall be

30  complied with, and said premium tax dollars may be withheld

31  for noncompliance.

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  1         Section 42.  Section 185.01, Florida Statutes, is

  2  amended to read:

  3         185.01  Legislative declaration.--

  4         (1)  It is hereby found and declared by the Legislature

  5  that police officers as hereinafter defined perform both state

  6  and municipal functions; that they make arrests for violations

  7  of state traffic laws on public highways; that they keep the

  8  public peace; that they conserve both life and property; and

  9  that their activities are vital to public welfare of this

10  state.  Therefore the Legislature declares that it is a proper

11  and legitimate state purpose to provide a uniform retirement

12  system for the benefit of police officers as hereinafter

13  defined and intends, in implementing the provisions of s. 14,

14  Art. X of the State Constitution as they relate to municipal

15  police officers' retirement trust fund systems and plans, that

16  such retirement systems or plans be managed, administered,

17  operated, and funded in such manner as to maximize the

18  protection of police officers' retirement trust funds.

19  Therefore, the Legislature hereby determines and declares that

20  the provisions of this act fulfill an important state

21  interest.

22         (2)  This chapter hereby establishes, for all municipal

23  pension plans now or hereinafter provided for under this

24  chapter, including chapter plans and local law plans, minimum

25  benefits and minimum standards for the operation and funding

26  of such municipal police officers' retirement trust fund

27  systems and plans, hereinafter referred to as municipal police

28  officers' retirement trust funds. The minimum benefits and

29  minimum standards set forth in this chapter may not be

30  diminished by local ordinance or by special act of the

31  Legislature, nor may the minimum benefits or minimum standards

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  1  be reduced or offset by any other local, state, or federal

  2  plan that may include police officers in its operation, except

  3  as provided under s. 112.65.

  4         Section 43.  Section 185.02, Florida Statutes, is

  5  amended to read:

  6         (Substantial rewording of section.  See

  7         s. 185.02, F.S., for present text.)

  8         185.02  Definitions.--For any municipality, chapter

  9  plan, local law municipality, or local law plan under this

10  chapter, the following words and phrases as used in this

11  chapter shall have the following meanings, unless a different

12  meaning is plainly required by the context:

13         (1)  "Average final compensation" means one-twelfth of

14  the average annual compensation of the 5 best years of the

15  last 10 years of creditable service prior to retirement,

16  termination, or death.

17         (2)  "Casualty insurance" means automobile public

18  liability and property damage insurance to be applied at the

19  place of residence of the owner, or if the subject is a

20  commercial vehicle, to be applied at the place of business of

21  the owner; automobile collision insurance; fidelity bonds;

22  burglary and theft insurance; and plate glass insurance.

23  "Multiple peril" means a combination or package policy that

24  includes both property coverage and casualty coverage for a

25  single premium.

26         (3)  "Chapter plan" means a separate defined benefit

27  pension plan for police officers which incorporates by

28  reference the provisions of this chapter and has been adopted

29  by the governing body of a municipality as provided in s.

30  185.08.  Except as may be specifically authorized in this

31  chapter, provisions of a chapter plan may not differ from the

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  1  plan provisions set forth in ss. 185.01-185.341 and

  2  185.36-185.42.  Actuarial valuations of chapter plans shall be

  3  conducted by the division as provided by s. 185.221(1)(b).

  4         (4)  "Compensation" or "salary" means the total cash

  5  remuneration paid to a police officer for services rendered,

  6  except as otherwise provided in paragraph (a). Pursuant

  7  thereto:

  8         (a)  A retirement trust fund or plan may use a

  9  definition of salary other than the definition in this

10  subsection but only if the monthly retirement income payable

11  to each police officer covered by the retirement trust fund or

12  plan, as determined under s. 185.16(2) and using such other

13  definition, equals or exceeds the monthly retirement income

14  that would be payable to each police officer if his monthly

15  retirement income were determined under s. 185.16(2) and using

16  the definition in this subsection.

17         (b)  Any retirement trust fund or plan which now or

18  hereafter meets the requirements of this chapter shall not,

19  solely by virtue of this subsection, reduce or diminish the

20  monthly retirement income otherwise payable to each police

21  officer covered by the retirement trust fund or plan.

22         (c)  The member's compensation or salary contributed as

23  employee-elective salary reductions or deferrals to any salary

24  reduction, deferred compensation, or tax-sheltered annuity

25  program authorized under the Internal Revenue Code shall be

26  deemed to be the compensation or salary the member would

27  receive if he or she were not participating in such program

28  and shall be treated as compensation for retirement purposes

29  under this chapter.

30         (d)  For any person who first becomes a member in any

31  plan year beginning on or after January 1, 1996, compensation

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  1  for any plan year shall not include any amounts in excess of

  2  the Internal Revenue Code Section 401(a)(17) limitation [as

  3  amended by the Omnibus Budget Reconciliation Act of 1993],

  4  which limitation of $150,000 shall be adjusted as required by

  5  federal law for qualified government plans and shall be

  6  further adjusted for changes in the cost of living in the

  7  manner provided by Internal Revenue Code Section

  8  401(a)(17)(B).  For any person who first became a member prior

  9  to the first plan year beginning on or after January 1, 1996,

10  the limitation on compensation shall be not less than the

11  maximum compensation amount that was allowed to be taken into

12  account under the plan as in effect on July 1, 1993, which

13  limitation shall be adjusted for changes in the cost of living

14  since 1989 in the manner provided by Internal Revenue Code

15  Section 401(a)(17)(1991).

16         (5)  "Creditable service" or "credited service" means

17  the aggregate number of years of service and fractional parts

18  of years of service of any police officer, omitting

19  intervening years and fractional parts of years when such

20  police officer may not have been employed by the municipality

21  subject to the following conditions:

22         (a)  No police officer will receive credit for years or

23  fractional parts of years of service if he or she has

24  withdrawn his or her contributions to the fund for those years

25  or fractional parts of years of service, unless the police

26  officer repays into the fund the amount he or she has

27  withdrawn, plus interest as determined by the board.  The

28  member shall have at least 90 days after his or her

29  reemployment to make repayment.

30         (b)  A police officer may voluntarily leave his or her

31  contributions in the fund for a period of 5 years after

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  1  leaving the employ of the police department, pending the

  2  possibility of his or her being rehired by the same

  3  department, without losing credit for the time he or she has

  4  participated actively as a police officer.  If he or she is

  5  not reemployed as a police officer with the same department

  6  within 5 years, his or her contributions shall be returned to

  7  him or her without interest.

  8         (c)  Credited service under this chapter shall be

  9  provided only for service as a police officer, as defined in

10  s. 185.02(7), or for military service and shall not include

11  credit for any other type of service. A municipality may, by

12  local ordinance, provide for the purchase of credit for

13  military service occurring prior to employment as well as

14  prior service as a police officer for some other employer as

15  long as the police officer is not already receiving a benefit

16  for such other prior service as a police officer.

17         (d)  In determining the creditable service of any

18  police officer, credit for up to 5 years of the time spent in

19  the military service of the Armed Forces of the United States

20  shall be added to the years of actual service, if:

21         1.  The police officer is in the active employ of the

22  municipality prior to such service and leaves a position,

23  other than a temporary position, for the purpose of voluntary

24  or involuntary service in the Armed Forces of the United

25  States.

26         2.  The police officer is entitled to reemployment

27  under the provisions of the Uniformed Services Employment and

28  Reemployment Rights Act.

29         3.  The police officer returns to his or her employment

30  as a police officer of the municipality within 1 year from the

31  date of his or her release from such active service.

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  1         (6)  "Deferred Retirement Option Plan" or "DROP" means

  2  a local law plan retirement option in which a police officer

  3  may elect to participate.  A police officer may retire for all

  4  purposes of the plan and defer receipt of retirement benefits

  5  into a DROP account while continuing employment with his

  6  employer. However, a police officer who enters the DROP and

  7  who is otherwise eligible to participate shall not thereby be

  8  precluded from participating, or continuing to participate, in

  9  a supplemental plan in existence on, or created after, the

10  effective date of this act.

11         (7)  "Division" means the Division of Retirement of the

12  Department of Management Services.

13         (8)  "Enrolled actuary" means an actuary who is

14  enrolled under Subtitle C of Title III of the Employee

15  Retirement Income Security Act of 1974 and who is a member of

16  the Society of Actuaries or the American Academy of Actuaries.

17         (9)  "Local law municipality" is any municipality in

18  which there exists a local law plan.

19         (10)  "Local law plan" means a defined benefit pension

20  plan for police officers or for police officers and

21  firefighters, where included, as described in s. 185.35,

22  established by municipal ordinance or special act of the

23  Legislature, which enactment sets forth all plan provisions.

24  Local law plan provisions may vary from the provisions of this

25  chapter, provided that required minimum benefits and standards

26  are met.  Any such variance shall provide a greater benefit

27  for police officers.  Actuarial valuations of local law plans

28  shall be conducted by an enrolled actuary as provided in s.

29  185.221(2)(b).

30         (11)  "Police officer" means any person who is elected,

31  appointed, or employed full time by any municipality, who is

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  1  certified or required to be certified as a law enforcement

  2  officer in compliance with s. 943.1395, who is vested with

  3  authority to bear arms and make arrests, and whose primary

  4  responsibility is the prevention and detection of crime or the

  5  enforcement of the penal, criminal, traffic, or highway laws

  6  of the state. This definition includes all certified

  7  supervisory and command personnel whose duties include, in

  8  whole or in part, the supervision, training, guidance, and

  9  management responsibilities of full-time law enforcement

10  officers, part-time law enforcement officers, or auxiliary law

11  enforcement officers, but does not include part-time law

12  enforcement officers or auxiliary law enforcement officers as

13  the same are defined in s. 943.10(6) and (8), respectively.

14  For the purposes of this chapter only, "police officer" also

15  shall include a public safety officer who is responsible for

16  performing both police and fire services. Any plan may provide

17  that the police chief shall have an option to participate, or

18  not, in that plan.

19         (12)  "Police Officers' Retirement Trust Fund" means a

20  trust fund, by whatever name known, as provided under s.

21  185.03 for the purpose of assisting municipalities in

22  establishing and maintaining a retirement plan for police

23  officers.

24         (13)  "Retiree" or "retired police officer" means a

25  police officer who has entered retirement status.  For the

26  purposes of a plan that includes a Deferred Retirement Option

27  Plan (DROP), a police officer who enters the DROP shall be

28  considered a retiree for all purposes of the plan. However, a

29  police officer who enters the DROP and who is otherwise

30  eligible to participate shall not thereby be precluded from

31  participating, or continuing to participate, in a supplemental

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  1  plan in existence on, or created after, the effective date of

  2  this act.

  3         (14)  "Retirement" means a police officer's separation

  4  from city employment as a police officer with immediate

  5  eligibility for receipt of benefits under the plan.  For

  6  purposes of a plan that includes a Deferred Retirement Option

  7  Plan (DROP), "retirement" means the date a police officer

  8  enters the DROP.

  9         (15)  "Supplemental plan" means a plan to which

10  deposits are made to provide extra benefits to police

11  officers, or police officers and firefighters where included,

12  under this chapter.  Such a plan is an element of a local law

13  plan and exists in conjunction with a defined benefit plan

14  that meets the minimum benefits and minimum standards of this

15  chapter.

16         (16)  "Supplemental plan municipality" means any local

17  law municipality in which there existed a supplemental plan,

18  of any type or nature, as of January 1, 1997.

19         Section 44.  Section 185.03, Florida Statutes, is

20  amended to read:

21         185.03  Municipal police officers' retirement trust

22  funds; creation; applicability of provisions; participation by

23  public safety officers.--For any municipality, chapter plan,

24  local law municipality, or local law plan under this chapter:

25         (1)  There shall be established may be hereby created a

26  special fund exclusively for the purpose of this chapter,

27  which in the case of chapter plans shall to be known as the

28  "Municipal Police Officers' Retirement Trust Fund,"

29  exclusively for the purposes provided in this chapter, in each

30  municipality of this state, heretofore or hereafter created,

31  which now has or which may hereafter have a regularly

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  1  organized police department, and which now owns and uses or

  2  which may hereafter own and use equipment and apparatus of a

  3  value exceeding $500 in serviceable condition for the

  4  prevention of crime and for the preservation of life and

  5  property, and which does not presently have established by law

  6  a similar fund.

  7         (2)  The provisions of this chapter act shall apply

  8  only to municipalities organized and established pursuant to

  9  the laws of the state, and said provisions shall not apply to

10  the unincorporated areas of any county or counties nor shall

11  the provisions hereof apply to any governmental entity whose

12  police officers employees are eligible to participate for

13  membership in the Florida Retirement System a state or state

14  and county retirement system.

15         (3)  No municipality shall establish more than one

16  retirement plan for public safety officers which is supported

17  in whole or in part by the distribution of premium tax funds

18  as provided by this chapter or chapter 175, nor shall any

19  municipality establish a retirement plan for public safety

20  officers which receives premium tax funds from both this

21  chapter and chapter 175.

22         (4)  The plan provisions, participation, and benefits

23  as set forth in this chapter must be provided on a

24  nondiscriminatory basis.

25         Section 45.  Section 185.04, Florida Statutes, is

26  amended to read:

27         185.04  Actuarial deficits not state obligations.--For

28  any municipality, chapter plan, local law municipality, or

29  local law plan under this chapter, actuarial deficits, if any,

30  arising under this chapter are shall not be the obligation of

31  the state.

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  1         Section 46.  Section 185.05, Florida Statutes, is

  2  amended to read:

  3         185.05  Board of trustees; members, terms of office;

  4  meetings; legal entity; costs; attorney's fees.--For any

  5  municipality, chapter plan, local law municipality, or local

  6  law plan under this chapter:

  7         (1)  In each municipality described in s. 185.03 there

  8  is hereby created a board of trustees of the municipal police

  9  officers' retirement trust fund, which shall be solely

10  responsible for administering the trust fund. Effective

11  October 1, 1986, and thereafter:,

12         (a)  The membership of the board of trustees for

13  chapter plans shall consist of five members, two of whom,

14  unless otherwise prohibited by law, shall be legal residents

15  of the municipality, who shall be appointed by the legislative

16  body of the municipality, and two of whom shall be police

17  officers as defined in s. 185.02 who shall be elected by a

18  majority of the active police officers who are members of such

19  plan. With respect to any chapter plan or local law plan that,

20  on January 1, 1997, allowed retired police officers to vote in

21  such elections, retirees may continue to vote in such

22  elections. The fifth member shall be chosen by a majority of

23  the previous four members, and such person's name shall be

24  submitted to the legislative body of the municipality.  Upon

25  receipt of the fifth person's name, the legislative body of

26  the municipality shall, as a ministerial duty, appoint such

27  person to the board of trustees as its fifth member.  The

28  fifth member shall have the same rights as each of the other

29  four members appointed or elected as herein provided, shall

30  serve as trustee for a period of 2 years, and may succeed

31  himself or herself in office. Each resident member shall serve

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  1  as trustee for a period of 2 years, unless sooner replaced by

  2  the legislative body at whose pleasure the member shall serve,

  3  and may succeed himself or herself as a trustee.  However, the

  4  terms of the mayor, or corresponding chief executive officer

  5  of the municipality, and the chief of the police department as

  6  members of the board of trustees as provided in chapter 28230,

  7  Laws of Florida, 1953, as amended, together with any city

  8  manager and member of the legislative body of the municipality

  9  as members of the board of trustees shall terminate on

10  September 30, 1986. Each police officer member shall serve as

11  trustee for a period of 2 years, unless he or she sooner

12  leaves the employment of the municipality as a police officer,

13  whereupon the legislative body of the municipality shall

14  choose a successor in the same manner as an original

15  appointment.  Each police officer may succeed himself or

16  herself in office. The board of trustees shall meet at least

17  quarterly each year.  Each board of trustees shall be a legal

18  entity with, in addition to other powers and responsibilities

19  contained herein, the power to bring and defend lawsuits of

20  every kind, nature, and description.

21         (b)  The membership of boards of trustees for local law

22  plans shall be as follows:

23         1.  If a municipality has a pension plan for police

24  officers only, the provisions of paragraph (a) shall apply.

25         2.  If a municipality has a pension plan for police

26  officers and firefighters, the provisions of paragraph (a)

27  shall apply, except that one member of the board shall be a

28  police officer as defined in s. 185.02 and one member shall be

29  a firefighter as defined in s. 175.032, respectively, elected

30  by a majority of the active firefighters and police officers

31  who are members of the plan.

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  1         3.  Any board of trustees operating a local law plan on

  2  July 1, 1998, which is combined with a plan for general

  3  employees shall hold an election of the police officers, or

  4  police officers and firefighters if included, to determine

  5  whether a plan is to be established for police officers only,

  6  or for police officers and firefighters where included.  Based

  7  on the election results, a new board shall be established as

  8  provided in subparagraph 1. or 2., as appropriate. The

  9  municipality shall enact an ordinance to implement the new

10  board by October 1, 1998. The newly established board shall

11  take whatever action is necessary to determine the amount of

12  assets which is attributable to police officers, or police

13  officers and firefighters where included.  Such assets shall

14  include all employer, employee, and state contributions made

15  by or on behalf of police officers, or police officers and

16  firefighters where included, and any investment income derived

17  from such contributions.  All such moneys shall be transferred

18  into the newly established retirement plan, as directed by the

19  board.

20

21  With respect to any board of trustees operating a local law

22  plan on June 30, 1986, nothing in this paragraph shall permit

23  the reduction of the membership percentage of police officers

24  or police officers and firefighters.

25         (2)  The trustees shall by majority vote elect from its

26  members a chair and a secretary.  The secretary of the board

27  shall keep a complete minute book of the actions, proceedings,

28  or hearings of the board. The trustees shall not receive any

29  compensation as such, but may receive expenses and per diem as

30  provided by Florida law.

31

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  1         (3)  The board of trustees shall meet at least

  2  quarterly each year.

  3         (4)  Each board of trustees shall be a legal entity

  4  that shall have, in addition to other powers and

  5  responsibilities contained herein, the power to bring and

  6  defend lawsuits of every kind, nature, and description.

  7         (5)  In any judicial proceeding or administrative

  8  proceeding under chapter 120 brought under or pursuant to the

  9  provisions of this chapter, the prevailing party shall be

10  entitled to recover the costs thereof, together with

11  reasonable attorney's fees.

12         (6)  The provisions of this section may not be altered

13  by a participating municipality operating a chapter or local

14  law plan under this chapter.

15         Section 47.  Section 185.06, Florida Statutes, is

16  amended to read:

17         185.06  General powers and duties of board of

18  trustees.--For any municipality, chapter plan, local law

19  municipality, or local law plan under this chapter:

20         (1)  The board of trustees may:

21         (a)  Invest and reinvest the assets of the retirement

22  trust fund in annuity and life insurance contracts of life

23  insurance companies in amounts sufficient to provide, in whole

24  or in part, the benefits to which all of the participants in

25  the municipal police officers' retirement trust fund shall be

26  entitled under the provisions of this chapter, and pay the

27  initial and subsequent premiums thereon.

28         (b)  Invest and reinvest the assets of the retirement

29  trust fund in:

30         1.  Time or savings accounts of a national bank, a

31  state bank insured by the Bank Insurance Fund Federal Deposit

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  1  Insurance Corporation, or a savings and loan association

  2  insured by the Savings Association Insurance Fund which are

  3  administered by the Federal Deposit Insurance Corporation

  4  Federal Savings and Loan Insurance Corporation.

  5         2.  Obligations of the United States or obligations

  6  guaranteed as to principal and interest by the United States.

  7         3.  Bonds issued by the State of Israel.

  8         4.  Bonds, stocks, or other evidences of indebtedness

  9  issued or guaranteed by a corporation organized under the laws

10  of the United States, any state or organized territory of the

11  United States, or the District of Columbia, provided:

12         a.  The corporation is listed on any one or more of the

13  recognized national stock exchanges and holds a rating in one

14  of the three highest classifications by a major rating

15  service; and

16         b.  The board of trustees shall not invest more than 5

17  percent of its assets in the common stock or capital stock of

18  any one issuing company, nor shall the aggregate investment in

19  any one issuing company exceed 5 percent of the outstanding

20  capital stock of the company or the aggregate of its

21  investments under this subparagraph at market cost exceed 50

22  30 percent of the fund's assets. Investment experience

23  producing a market value percent exceeding the stated limit

24  does not arbitrarily mean assets are to be liquidated to

25  satisfy the limit. 

26

27  This paragraph shall apply to all boards of trustees and

28  participants. However, in the event that a municipality has a

29  duly enacted pension plan pursuant to, and in compliance with,

30  s. 185.35 and the trustees thereof desire to vary the

31  investment procedures herein, the trustees of such plan shall

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  1  request a variance of the investment procedures as outlined

  2  herein only through a municipal ordinance or special act of

  3  the Legislature; where a special act, or a municipality by

  4  ordinance adopted prior to the effective date of this act

  5  October 1, 1986, permits a greater than 50-percent 30-percent

  6  equity investment, such municipality shall not be required to

  7  comply with the aggregate equity investment provisions of this

  8  paragraph. The board of trustees may invest up to 10 percent

  9  of plan assets in foreign securities. Investments shall not be

10  made in any stocks, bonds, or other securities owned or

11  controlled by a government other than that of the United

12  States or of the several states.

13         (c)  Issue drafts upon the municipal police officers'

14  retirement trust fund pursuant to this act and rules and

15  regulations prescribed by the board of trustees.  All such

16  drafts shall be consecutively numbered, be signed by the chair

17  and secretary, and state upon their faces the purposes for

18  which the drafts are drawn.  The city treasurer or other

19  depository shall retain such drafts when paid, as permanent

20  vouchers for disbursements made, and no money shall otherwise

21  be drawn from the fund.

22         (d)  Finally decide all claims to relief under the

23  board's rules and regulations and pursuant to the provisions

24  of this act.

25         (e)  Convert into cash any securities of the fund.

26         (f)  Keep a complete record of all receipts and

27  disbursements and of the board's acts and proceedings.

28         (2)  Any and all acts and decisions shall be

29  effectuated by vote of a majority of the at least three

30  members of the board; however, no trustee shall take part in

31  any action in connection with his or her own participation in

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  1  the fund, and no unfair discrimination shall be shown to any

  2  individual employee participating in the fund.

  3         (3)  The secretary of the board of trustees shall keep

  4  a record of all persons receiving retirement payments under

  5  the provisions of this chapter, in which shall be noted the

  6  time when the pension is allowed and when the pension shall

  7  cease to be paid.  In this record, the secretary shall keep a

  8  list of all police officers employed by the municipality.  The

  9  record shall show the name, address, and time of employment of

10  such police officer and when he or she ceases to be employed

11  by the municipality.

12         (4)(3)  The sole and exclusive administration of, and

13  the responsibilities for, the proper operation of the

14  retirement trust fund and for making effective the provisions

15  of this chapter are vested in the board of trustees; however,

16  nothing herein shall empower a board of trustees to amend the

17  provisions of a retirement plan without the approval of the

18  municipality. The board of trustees shall keep in convenient

19  form such data as shall be necessary for an actuarial

20  valuation of the retirement trust fund and for checking the

21  actual experience of the fund.

22         (5)(a)(4)  At least once every 3 years, the board of

23  trustees shall retain a professionally qualified an

24  independent consultant who shall professionally qualified to

25  evaluate the performance of any existing professional money

26  manager and managers.  The independent consultant shall make

27  recommendations to the board of trustees regarding the

28  selection of money managers for the next investment term.

29  These recommendations shall be considered by the board of

30  trustees at its next regularly scheduled meeting. The date,

31  time, place, and subject of this meeting shall be advertised

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  1  in the same manner as for any meeting of the board a newspaper

  2  of general circulation in the municipality at least 10 days

  3  prior to the date of the hearing.

  4         (b)  For the purpose of this subsection, a

  5  "professionally qualified independent consultant" means a

  6  consultant who, based on education and experience, is

  7  professionally qualified to evaluate the performance of

  8  professional money managers, and who, at a minimum:

  9         1.  Provides his or her services on a flat-fee basis.

10         2.  Is not associated in any manner with the money

11  manager for the pension fund.

12         3.  Makes calculations according to the American

13  Banking Institute method of calculating time-weighted rates of

14  return. All calculations must be made net of fees.

15         4.  Has 3 or more years of experience working in the

16  public sector.

17         (6)  To assist the board in meeting its

18  responsibilities under this chapter, the board, if it so

19  elects, may:

20         (a)  Employ independent legal counsel at the pension

21  fund's expense.

22         (b)  Employ an independent actuary, as defined in s.

23  185.02(7), at the pension fund's expense.

24         (c)  Employ such independent professional, technical,

25  or other advisers as it deems necessary at the pension fund's

26  expense.

27

28  If the board chooses to use the city's or special district's

29  legal counsel or actuary, or chooses to use any of the city's

30  other professional, technical, or other advisers, it shall do

31  so only under terms and conditions acceptable to the board.

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  1         Section 48.  Section 185.061, Florida Statutes, is

  2  amended to read:

  3         185.061  Use of annuity or insurance policies.--When

  4  the board of trustees of any municipality, chapter plan, local

  5  law municipality, or local law plan purchases annuity or life

  6  insurance contracts to provide all or part of the benefits

  7  promised by this chapter, the following principles shall be

  8  observed:

  9         (1)  Only those officers who have been members of the

10  retirement trust fund for 1 year or longer may be included in

11  the insured plan.

12         (2)  Individual policies shall be purchased only when a

13  group insurance plan is not feasible.

14         (3)  Each application and policy shall designate the

15  pension fund as owner of the policy.

16         (4)  Policies shall be written on an annual premium

17  basis.

18         (5)  The type of policy shall be one which for the

19  premium paid provides each individual with the maximum

20  retirement benefit at his or her earliest statutory normal

21  retirement age.

22         (6)  Death benefit, if any, should not exceed:

23         (a)  One hundred times the estimated normal monthly

24  retirement income, based on the assumption that the present

25  rate of compensation continues without change to normal

26  retirement date, or

27         (b)  Twice the annual rate of compensation as of the

28  date of termination of service, or

29         (c)  The single-sum value of the accrued deferred

30  retirement income (beginning at normal retirement date) at

31  date of termination of service, whichever is greatest.

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  1         (7)  An insurance plan may provide that the assignment

  2  of insurance contract to separating officer shall be at least

  3  equivalent to the return of the officer's contributions used

  4  to purchase the contract.  An assignment of contract

  5  discharges the municipality from all further obligation to the

  6  participant under the plan even though the cash value of such

  7  contract may be less than the employee's contributions.

  8         (8)  Provisions shall be made, either by issuance of

  9  separate policies, or otherwise, that the separating officer

10  does not receive cash values and other benefits under the

11  policies assigned to the officer which exceed the present

12  value of his or her vested interest under the retirement plan,

13  inclusive of the officer's contribution to the plan, the

14  contributions by the state shall not be exhausted faster

15  merely because the method of funding adopted was through

16  insurance companies.

17         (9)  The police officer shall have the right at any

18  time to give the board of trustees written instructions

19  designating the primary and contingent beneficiaries to

20  receive death benefit or proceeds and the method of the

21  settlement of the death benefit or proceeds, or requesting a

22  change in the beneficiary, designation or method of settlement

23  previously made, subject to the terms of the policy or

24  policies on the officer's life.  Upon receipt of such written

25  instructions, the board of trustees shall take the necessary

26  steps to effectuate the designation or change of beneficiary

27  or settlement option.

28         Section 49.  Section 185.07, Florida Statutes, is

29  amended to read:

30

31

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  1         185.07  Creation and maintenance of fund.--For any

  2  municipality, chapter plan, local law municipality, or local

  3  law plan under this chapter:

  4         (1)  The municipal police officers' retirement trust

  5  fund in each municipality described in s. 185.03 shall be

  6  created and maintained in the following manner:

  7         (a)  By the net proceeds of the .85-percent excise tax

  8  which may be imposed by the respective cities and towns upon

  9  certain casualty insurance companies on their gross receipts

10  of premiums from holders of policies, which policies cover

11  property within the corporate limits of such municipalities,

12  as is hereinafter expressly authorized.

13         (b)  Except as reduced or increased contributions are

14  authorized by subsection (2), by the payment to the fund of 5

15  percent of the salary of each full-time police officer duly

16  appointed and enrolled as a member of such police department,

17  which 5 percent shall be deducted by the municipality from the

18  compensation due to the police officer and paid over to the

19  board of trustees of the retirement trust fund wherein such

20  police officer is employed, provided that no deductions shall

21  be made after an officer has passed his or her normal

22  retirement date.  No police officer shall have any right to

23  the said money so paid into the said fund except as provided

24  in this chapter.

25         (c)  By all fines and forfeitures imposed and collected

26  from any police officer because of the violation of any rule

27  adopted and regulation promulgated by the board of trustees.

28         (d)  By payment by the municipality or other sources of

29  a sum equal to the normal cost and the amount required to fund

30  over a 40-year basis any actuarial deficiency shown by an a

31  quinquennial actuarial valuation as provided in part VII of

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  1  chapter 112.  The first such actuarial valuation shall be

  2  conducted for the calendar year ending December 31, 1963.

  3         (e)  By all gifts, bequests and devises when donated to

  4  for the fund.

  5         (f)  By all accretions to the fund by way of interest

  6  or dividends on bank deposits or otherwise.

  7         (g)  By all other sources of income now or hereafter

  8  authorized by law for the augmentation of such municipal

  9  police officers' retirement trust fund.

10         (2)  Member contribution rates may be adjusted as

11  follows:

12         (a)  The employing municipality, by local ordinance,

13  may elect to make an employee's contributions.  However, under

14  no circumstances may a municipality reduce the member

15  contribution to less than one-half of 1 percent of salary.

16         (b)  Police officer member contributions may be

17  increased by consent of the members' collective bargaining

18  representative or, if none, by majority consent of police

19  officer members of the fund to provide greater benefits.

20

21  Nothing in this section shall be construed to require

22  adjustment of member contribution rates in effect on the date

23  this act becomes a law, including rates that exceed 5 percent

24  of salary, provided that such rates are at least one-half of 1

25  percent of salary.

26         Section 50.  Section 185.08, Florida Statutes, is

27  amended to read:

28         185.08  State excise tax on casualty insurance premiums

29  authorized; procedure.--For any municipality, chapter plan,

30  local law municipality, or local law plan under this chapter:

31

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  1         (1)  Each incorporated municipality in this state

  2  described and classified in s. 185.03, as well as each other

  3  city or town of this state which on July 31, 1953, had a

  4  lawfully established municipal police officers' retirement

  5  trust fund or city fund, by whatever name known, providing

  6  pension or relief benefits to police officers as provided

  7  under this chapter by whatever name known, may assess and

  8  impose on every insurance company, corporation, or other

  9  insurer now engaged in or carrying on, or who shall hereafter

10  engage in or carry on, the business of casualty insurance as

11  shown by records of the Department of Insurance, an excise tax

12  in addition to any lawful license or excise tax now levied by

13  each of the said municipalities, respectively, amounting to

14  .85 percent of the gross amount of receipts of premiums from

15  policyholders on all premiums collected on casualty insurance

16  policies covering property within the corporate limits of such

17  municipalities, respectively. The tax shall apply to all

18  insurers, whether authorized or not, transacting business in

19  this state.

20         (2)  In the case of multiple peril policies with a

21  single premium for both property and casualty coverages in

22  such policies, 30 percent of such premium shall be used as the

23  basis for the .85-percent tax above.

24         (3)  The Said excise tax shall be payable annually

25  March 1 of each year after the passing of an ordinance

26  assessing and imposing the tax herein authorized.

27  Installments of taxes shall be paid according to the

28  provisions of s. 624.5092(2)(a), (b), and (c).

29         Section 51.  Section 185.09, Florida Statutes, is

30  amended to read:

31

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  1         185.09  Report of premiums paid; date tax payable.--For

  2  any municipality, chapter plan, local law municipality, or

  3  local law plan under this chapter, whenever any municipality

  4  passes an ordinance establishing a chapter plan or local law

  5  plan and assessing and imposing the tax authorized in s.

  6  185.08, a certified copy of such ordinance shall be deposited

  7  with the division; and thereafter every insurance company,

  8  corporation, or other insurer carrying on the business of

  9  casualty insuring, on or before the succeeding March 1 after

10  date of the passage of the ordinance, shall report fully in

11  writing to the division and the Department of Revenue a just

12  and true account of all premiums received by such insurer for

13  casualty insurance policies covering or insuring any property

14  located within the corporate limits of such municipality

15  during the period of time elapsing between the date of the

16  passage of the ordinance and the end of the calendar year

17  succeeding March 1. The aforesaid insurer shall annually

18  thereafter, on March 1, file with the division and the

19  Department of Revenue a similar report covering the preceding

20  year's premium receipts.  Every such insurer shall, at the

21  time of making such report, pay to the Department of Revenue

22  the amount of the tax heretofore mentioned. Every insurer

23  engaged in carrying on a general casualty insurance business

24  in the state shall keep accurate books of account of all such

25  business done by it within the limits of such incorporated

26  municipality in such a manner as to be able to comply with the

27  provisions of this chapter.  Based on the insurers' reports of

28  premium receipts, the division shall prepare a consolidated

29  premium report and shall furnish to any municipality

30  requesting the same a copy of the relevant section of that

31  report.

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  1         Section 52.  Section 185.10, Florida Statutes, is

  2  amended to read:

  3         185.10  Department of Revenue and Division of

  4  Retirement to keep accounts of deposits; disbursements.--For

  5  any municipality having a chapter plan or local law plan under

  6  this chapter:

  7         (1)  The Department of Revenue shall keep a separate

  8  account of all moneys collected for each municipality under

  9  the provisions of this chapter. All moneys so collected must

10  be transferred to the Police and Firefighters' Premium Tax

11  Trust Fund and shall be separately accounted for by the

12  division. The moneys budgeted as necessary to pay the expenses

13  of the division for the daily oversight and monitoring of the

14  police officers' retirement plans under this chapter and for

15  the oversight and actuarial reviews conducted under part VII

16  of chapter 112 are annually appropriated from the interest and

17  investment income earned on the moneys collected for each

18  municipality or special fire control district and deposited in

19  the Police and Firefighters' Premium Tax Trust Fund. Interest

20  and investment income remaining thereafter in the trust fund

21  which is unexpended and otherwise unallocated by law shall

22  revert to the General Revenue Fund on June 30 of each year.

23         (2)  The Comptroller shall, on or before July 1 June 1

24  of each year, and at such other times as authorized by the

25  division, draw his or her warrants on the full net amount of

26  money then on deposit pursuant to this chapter in the Police

27  and Firefighters' Premium Tax Trust Fund, specifying the

28  municipalities to which the moneys must be paid and the net

29  amount collected for and to be paid to each municipality,

30  respectively. The sum payable to each municipality is

31  appropriated annually out of the Police and Firefighters'

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  1  Premium Tax Trust Fund.  The warrants of the Comptroller shall

  2  be payable to the respective municipalities entitled to

  3  receive them and shall be remitted annually by the division to

  4  the respective municipalities. In order for a municipality and

  5  its retirement fund to participate in the distribution of

  6  premium tax moneys under this chapter, all the provisions

  7  shall be complied with annually, including state acceptance

  8  pursuant to part VII of chapter 112.

  9         Section 53.  Section 185.11, Florida Statutes, is

10  amended to read:

11         185.11  Funds received by municipalities, deposit in

12  retirement trust fund.--For any municipality, chapter plan,

13  local law municipality, or local law plan under this chapter,

14  all state and other funds received by any municipality under

15  the provisions of this chapter shall be deposited by the said

16  municipality immediately, and under no circumstances more than

17  5 days after receipt, with the board of trustees.  Employee

18  contributions, however, which are withheld by the employer on

19  behalf of an employee member shall be deposited immediately

20  after each pay period with the board of trustees of the

21  municipal police officers' retirement trust fund. Employer

22  contributions shall be deposited at least quarterly at least

23  monthly.

24         Section 54.  Section 185.12, Florida Statutes, is

25  amended to read:

26         185.12  Payment of excise tax credit on similar state

27  excise or license tax.--The tax herein authorized shall in

28  nowise be additional to the similar state excise or license

29  tax imposed by part IV, chapter 624, but the payor of the tax

30  hereby authorized shall receive credit therefor on his or her

31  said state excise or license tax and the balance of said state

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  1  excise or license tax shall be paid to the Department of

  2  Revenue Insurance Commissioner and Treasurer as is now

  3  provided by law.

  4         Section 55.  Section 185.13, Florida Statutes, is

  5  amended to read:

  6         185.13  Failure of insurer to comply with chapter;

  7  penalty.--Should any insurance company, corporation or other

  8  insurer fail to comply with the provisions of this chapter, on

  9  or before March 1 in each year as herein provided, the

10  certificate of authority issued to said insurance company,

11  corporation or other insurer to transact business in this

12  state may be canceled and revoked by the Department of

13  Insurance, and it is unlawful for any such insurance company,

14  corporation or other insurer to transact any business

15  thereafter in this state unless such insurance company,

16  corporation or other insurer shall be granted a new

17  certificate of authority to transact business in this state,

18  in compliance with provisions of law authorizing such

19  certificate of authority to be issued. The division shall be

20  responsible for notifying the Department of Insurance

21  regarding any such failure to comply.

22         Section 56.  Section 185.14, Florida Statutes, is

23  repealed.

24         Section 57.  Section 185.15, Florida Statutes, is

25  repealed.

26         Section 58.  Section 185.16, Florida Statutes, is

27  amended to read:

28         185.16  Requirements for retirement.--For any

29  municipality, chapter plan, local law municipality, or local

30  law plan under this chapter, any police officer who completes

31  10 or more years of creditable service as a police officer and

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  1  attains age 55, or completes 25 years of creditable service as

  2  a police officer and attains age 52, and for such period has

  3  been a member of the retirement fund is eligible for normal

  4  retirement benefits.  Normal retirement under the plan is

  5  retirement from the service of the city on or after the normal

  6  retirement date.  In such event, for chapter plans and local

  7  law plans, payment of retirement income will be governed by

  8  the following provisions of this section:

  9         (1)  The normal retirement date of each police officer

10  will be the first day of the month coincident with or next

11  following the date on which the police officer has completed

12  10 or more years of creditable service and attained age 55 or

13  completed 25 years of creditable service and attained age 52.

14  A police officer who retires after his or her normal

15  retirement date will upon actual retirement be entitled to

16  receive the same amount of monthly retirement income that the

17  police officer would have received had he or she retired on

18  his or her normal retirement date.

19         (2)  The amount of the monthly retirement income

20  payable to a police officer who retires on or after his or her

21  normal retirement date shall be an amount equal to the number

22  of the police officer's years of credited service multiplied

23  by 2 percent of his or her average final compensation. If the

24  plan has a cap on benefit accrual which was in existence on

25  January 1, 1997, the cap may continue if and only if there is

26  consent of the members' collective bargaining representative

27  or, if none, by majority consent of the police officer members

28  of the fund to retain the cap.  The vote to retain the cap

29  must be held within 6 months after the effective date of this

30  act. However, if current state contributions pursuant to this

31  chapter are not adequate to fund the additional benefits to

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  1  meet the minimum requirements in this chapter, only increment

  2  increases shall be required as state moneys are adequate to

  3  provide.  Such increments shall be provided as state moneys

  4  become available. The retirement income will be reduced for

  5  moneys received under the disability provisions of this

  6  chapter.

  7         (3)  The monthly retirement income payable in the event

  8  of normal retirement will be payable on the first day of each

  9  month.  The first payment will be made on the police officer's

10  normal retirement date, or on the first day of the month

11  coincident with or next following the police officer's actual

12  retirement, if later, and the last payment will be the payment

13  due next preceding the police officer's death; except that, in

14  the event the police officer dies after retirement but before

15  receiving retirement benefits for a period of 10 years, the

16  same monthly benefit will be paid to the beneficiary (or

17  beneficiaries) as designated by the police officer for the

18  balance of such 10-year period, or, if no beneficiary is

19  designated, to the surviving spouse, descendants, heirs at

20  law, or estate of the police officer, as provided in s.

21  185.162.  If a police officer continues in the service of the

22  city beyond his or her normal retirement date and dies prior

23  to the date of actual retirement, without an option made

24  pursuant to s. 185.161 being in effect, monthly retirement

25  income payments will be made for a period of 10 years to a

26  beneficiary (or beneficiaries) designated by the police

27  officer as if the police officer had retired on the date on

28  which death occurred, or, if no beneficiary is designated, to

29  the surviving spouse, descendants, heirs at law, or estate of

30  the police officer, as provided in s. 185.162.

31

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  1         (4)  Early retirement under the plan is retirement from

  2  the service of the city, with the consent of the city, as of

  3  the first day of any calendar month which is prior to the

  4  police officer's normal retirement date but subsequent to the

  5  date as of which the police officer has both attained the age

  6  of 50 years and completed 10 years of contributing service.

  7  In the event of early retirement, payment of retirement income

  8  will be governed as follows:

  9         (a)  The early retirement date shall be the first day

10  of the calendar month coincident with or immediately following

11  the date a police officer retires from the service of the city

12  under the provisions of this section prior to his or her

13  normal retirement date.

14         (b)  The monthly amount of retirement income payable to

15  a police officer who retires prior to his or her normal

16  retirement date under the provisions of this section shall be

17  an amount computed as described in subsection (2), taking into

18  account his or her credited service to the date of actual

19  retirement and his or her final monthly compensation as of

20  such date, such amount of retirement income to be actuarially

21  reduced to take into account the police officer's younger age

22  and the earlier commencement of retirement income payments.

23  In no event shall the early retirement reduction exceed 3

24  percent for each year by which the member's age at retirement

25  preceded the member's normal retirement age, as provided in

26  subsection (1).

27         (c)  The retirement income payable in the event of

28  early retirement will be payable on the first day of each

29  month. The first payment will be made on the police officer's

30  early retirement date and the last payment will be the payment

31  due next preceding the retired police officer's death; except

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  1  that, in the event the police officer dies before receiving

  2  retirement benefits for a period of 10 years, the same monthly

  3  benefit will be paid to the beneficiary designated by the

  4  police officer for the balance of such 10-year period, or, if

  5  no designated beneficiary is surviving, the same monthly

  6  benefit for the balance of such 10-year period shall be

  7  payable as provided in s. 185.162.

  8         Section 59.  Section 185.161, Florida Statutes, is

  9  amended to read:

10         185.161  Optional forms of retirement income.--For any

11  municipality, chapter plan, local law municipality, or local

12  law plan under this chapter:

13         (1)(a)  In lieu of the amount and form of retirement

14  income payable in the event of normal or early retirement as

15  specified in s. 185.16, a police officer, upon written request

16  to the board of trustees and submission of evidence of good

17  health (except that such evidence will not be required if such

18  request is made at least 3 years prior to the date of

19  commencement of retirement income or if such request is made

20  within 6 months following the effective date of the plan, if

21  later), and subject to the approval of the board of trustees,

22  may elect to receive a retirement income or benefit of

23  equivalent actuarial value payable in accordance with one of

24  the following options:

25         1.  A retirement income of larger monthly amount,

26  payable to the police officer for his or her lifetime only.

27         2.  A retirement income of a modified monthly amount,

28  payable to the police officer during the joint lifetime of the

29  police officer and a joint pensioner designated by the police

30  officer, and following the death of either of them, 100

31  percent, 75 percent, 66 2/3  percent, or 50 percent of such

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  1  monthly amount payable to the survivor for the lifetime of the

  2  survivor.

  3         3.  Such other amount and form of retirement payments

  4  or benefit as, in the opinion of the board of trustees, will

  5  best meet the circumstances of the retiring police officer.

  6         (b)  The police officer upon electing any option of

  7  this section will designate the joint pensioner or beneficiary

  8  (or beneficiaries) to receive the benefit, if any, payable

  9  under the plan in the event of the police officer's death, and

10  will have the power to change such designation from time to

11  time but any such change shall be deemed a new election and

12  will be subject to approval by the pension committee.  Such

13  designation will name a joint pensioner or one or more primary

14  beneficiaries where applicable.  If a police officer has

15  elected an option with a joint pensioner or beneficiary and

16  his or her retirement income benefits have commenced, he or

17  she may thereafter change the designated joint pensioner or

18  beneficiary but only if the board of trustees consents to such

19  change and if the joint pensioner last previously designated

20  by the police officer is alive when he or she files with the

21  board of trustees a request for such change.  The consent of a

22  police officer's joint pensioner or beneficiary to any such

23  change shall not be required.  The board of trustees may

24  request such evidence of the good health of the joint

25  pensioner that is being removed as it may require and the

26  amount of the retirement income payable to the police officer

27  upon the designation of a new joint pensioner shall be

28  actuarially redetermined taking into account the ages and sex

29  of the former joint pensioner, the new joint pensioner, and

30  the police officer. Each such designation will be made in

31  writing on a form prepared by the board of trustees, and on

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  1  completion will be filed with the board of trustees.  In the

  2  event that no designated beneficiary survives the police

  3  officer, such benefits as are payable in the event of the

  4  death of the police officer subsequent to his or her

  5  retirement shall be paid as provided in s. 185.162.

  6         (2)  Retirement income payments shall be made under the

  7  option elected in accordance with the provisions of this

  8  section and shall be subject to the following limitations:

  9         (a)  If a police officer dies prior to his or her

10  normal retirement date or early retirement date, whichever

11  first occurs, no benefit will be payable under the option to

12  any person, but the benefits, if any, will be determined under

13  s. 185.21.

14         (b)  If the designated beneficiary (or beneficiaries)

15  or joint pensioner dies before the police officer's retirement

16  under the plan, the option elected will be canceled

17  automatically and a retirement income of the normal form and

18  amount will be payable to the police officer upon his or her

19  retirement as if the election had not been made, unless a new

20  election is made in accordance with the provisions of this

21  section or a new beneficiary is designated by the police

22  officer prior to his or her retirement and within 90 days

23  after the death of the beneficiary.

24         (c)  If both the retired police officer and the

25  designated beneficiary (or beneficiaries) die before the full

26  payment has been effected under any option providing for

27  payments for a period certain and life thereafter, made

28  pursuant to the provisions of subparagraph (1)(a)3., the board

29  of trustees may, in its discretion, direct that the commuted

30  value of the remaining payments be paid in a lump sum and in

31  accordance with s. 185.162.

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  1         (d)  If a police officer continues beyond his or her

  2  normal retirement date pursuant to the provisions of s.

  3  185.16(1) and dies prior to actual retirement and while an

  4  option made pursuant to the provisions of this section is in

  5  effect, monthly retirement income payments will be made, or a

  6  retirement benefit will be paid, under the option to a

  7  beneficiary (or beneficiaries) designated by the police

  8  officer in the amount or amounts computed as if the police

  9  officer had retired under the option on the date on which

10  death occurred.

11         (3)  No police officer may make any change in his or

12  her retirement option after the date of cashing or depositing

13  his or her first retirement check.

14         Section 60.  Section 185.162, Florida Statutes, is

15  amended to read:

16         185.162  Beneficiaries.--For any municipality, chapter

17  plan, local law municipality, or local law plan under this

18  chapter:

19         (1)  Each police officer may, on a form, provided for

20  that purpose, signed and filed with the board of trustees,

21  designate a choice of one or more persons, named sequentially

22  or jointly, as his or her beneficiary (or beneficiaries) to

23  receive the benefit, if any, which may be payable in the event

24  of the police officer's death, and each designation may be

25  revoked by such police officer by signing and filing with the

26  board of trustees a new designation or beneficiary form.

27         (2)  If no beneficiary is named in the manner provided

28  by subsection (1), or if no beneficiary designated by the

29  member survives him or her a deceased police officer failed to

30  name a beneficiary in the manner above prescribed, or if the

31  beneficiary (or beneficiaries) named by a deceased police

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  1  officer predeceases the police officer, the death benefit, if

  2  any, which may be payable under the plan with respect to such

  3  deceased police officer shall may be paid by, in the

  4  discretion of the board of trustees, either to:

  5         (a)  Any one or more of the persons comprising the

  6  group consisting of the police officer's spouse, the police

  7  officer's descendants, the police officer's parents, or the

  8  police officer's heirs at law, and the board of trustees may

  9  pay the entire benefit to any member of such group or

10  apportion such benefit among any two or more of them in such

11  shares as the board of trustees, in its sole discretion, shall

12  determine, or

13         (b)  the estate of such deceased police officer,

14  provided that in any of such cases the board of trustees, in

15  its discretion, may direct that the commuted value of the

16  remaining monthly income payments be paid in a lump sum. Any

17  payment made to any person pursuant to this subsection the

18  power and discretion conferred upon the board of trustees by

19  the preceding sentence shall operate as a complete discharge

20  of all obligations under the plan with regard to such deceased

21  police officer and shall not be subject to review by anyone,

22  but shall be final, binding and conclusive on all persons ever

23  interested hereunder.

24         (3)  Notwithstanding any other provision of law to the

25  contrary, the surviving spouse of any pension participant

26  member killed in the line of duty shall not lose survivor

27  retirement benefits if the spouse remarries. The surviving

28  spouse of such deceased member whose benefit terminated

29  because of remarriage shall have the benefit reinstated as of

30  July 1, 1994, at an amount that would have been payable had

31  such benefit not been terminated. This paragraph shall apply

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  1  to all municipalities which receive state excise tax moneys as

  2  provided in s. 185.08.

  3         Section 61.  Section 185.18, Florida Statutes, is

  4  amended to read:

  5         185.18  Disability retirement.--For any municipality,

  6  chapter plan, local law municipality, or local law plan under

  7  this chapter:

  8         (1)  A police officer having 10 or more years of

  9  credited service, or a police officer who becomes totally and

10  permanently disabled in the line of duty, regardless of length

11  of service, and having contributed to the municipal police

12  officers' retirement trust fund for 10 years or more may

13  retire from the service of the city under the plan if, prior

14  to the police officer's normal retirement date, he or she

15  becomes totally and permanently disabled as defined in

16  subsection (2) by reason of any cause other than a cause set

17  out in subsection (3) on or after the effective date of the

18  plan.  Such retirement shall herein be referred to as

19  disability retirement. The provisions for disability other

20  than line-of-duty disability shall not apply to a member who

21  has reached early or normal retirement age.

22         (2)  A police officer will be considered totally

23  disabled if, in the opinion of the board of trustees, he or

24  she is wholly prevented from rendering useful and efficient

25  service as a police officer; and a police officer will be

26  considered permanently disabled if, in the opinion of the

27  board of trustees, such police officer is likely to remain so

28  disabled continuously and permanently from a cause other than

29  as specified in subsection (3).

30

31

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  1         (3)  A police officer will not be entitled to receive

  2  any disability retirement income if the disability is a result

  3  of:

  4         (a)  Excessive and habitual use by the police officer

  5  of drugs, intoxicants or narcotics;

  6         (b)  Injury or disease sustained by the police officer

  7  while willfully and illegally participating in fights, riots,

  8  civil insurrections or while committing a crime;

  9         (c)  Injury or disease sustained by the police officer

10  while serving in any armed forces;

11         (d)  Injury or disease sustained by the police officer

12  after employment has terminated;

13         (e)  Injury or disease sustained by the police officer

14  while working for anyone other than the city and arising out

15  of such employment.

16         (4)  No police officer shall be permitted to retire

17  under the provisions of this section until examined by a duly

18  qualified physician or surgeon, to be selected by the board of

19  trustees for that purpose, and is found to be disabled in the

20  degree and in the manner specified in this section.  Any

21  police officer retiring under this section may shall be

22  examined periodically by a duly qualified physician or surgeon

23  or board of physicians and surgeons to be selected by the

24  board of trustees for that purpose, to determine if such

25  disability has ceased to exist.

26         (5)  The benefit payable to a police officer who

27  retires from the service of the city with a total and

28  permanent disability as a result of a disability commencing

29  prior to the police officer's normal retirement date is the

30  monthly income payable for 10 years certain and life for

31  which, if the police officer's disability occurred in the line

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  1  of duty, his or her monthly benefit shall be the accrued

  2  retirement benefit, but shall not be less than 42 percent of

  3  his or her average monthly compensation as of the police

  4  officer's disability retirement date.  If after 10 years of

  5  service the disability is other than in the line of duty, the

  6  police officer's monthly benefit shall be the accrued normal

  7  retirement benefit, but shall not be less than 25 percent of

  8  his or her average monthly compensation as of the police

  9  officer's disability retirement date.

10         (6)(a)  The monthly retirement income to which a police

11  officer is entitled in the event of his or her disability

12  retirement shall be payable on the first day of the first

13  month after the board of trustees determines such entitlement.

14  However, the monthly retirement income shall be payable as of

15  the date the board determines such entitlement, and any

16  portion due for a partial month shall be paid together with

17  the first payment.

18         (b)  The last payment will be,:

19         1.  if the police officer recovers from the disability

20  prior to his or her normal retirement date, the payment due

21  next preceding the date of such recovery, or,

22         2.  if the police officer dies without recovering from

23  his or her disability or attains his or her normal retirement

24  date while still disabled, the payment due next preceding

25  death or the 120th monthly payment, whichever is later. In

26  lieu of the benefit payment as provided in this subsection, a

27  police officer may select an optional form as provided in s.

28  185.161.

29         (c)  Any monthly retirement income payments due after

30  the death of a disabled police officer shall be paid to the

31

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  1  police officer's designated beneficiary (or beneficiaries) as

  2  provided in ss. 185.162 and 185.21.

  3         (7)  If the board of trustees finds that a police

  4  officer who is receiving a disability retirement income is, at

  5  any time prior to the police officer's normal retirement date,

  6  no longer disabled, as provided herein, the board of trustees

  7  shall direct that the disability retirement income be

  8  discontinued.  Recovery from disability as used herein shall

  9  mean the ability of the police officer to render useful and

10  efficient service as a police officer.

11         (8)  If the police officer recovers from disability and

12  reenters the service of the city as a police officer, his or

13  her service will be deemed to have been continuous, but the

14  period beginning with the first month for which the police

15  officer received a disability retirement income payment and

16  ending with the date he or she reentered the service of the

17  city may will not be considered as credited service for the

18  purposes of the plan.

19         Section 62.  Section 185.185, Florida Statutes, is

20  created to read:

21         185.185  False, misleading, or fraudulent statements

22  made to obtain public retirement benefits prohibited;

23  penalty.--

24         (1)  It is unlawful for a person to willfully and

25  knowingly make, or cause to be made, or to assist, conspire

26  with, or urge another to make, or cause to be made, any false,

27  fraudulent, or misleading oral or written statement to obtain

28  any benefit available under a retirement plan receiving

29  funding under this chapter.

30

31

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  1         (2)(a)  A person who violates subsection (1) commits a

  2  misdemeanor of the first degree, punishable as provided in s.

  3  775.082 or s. 775.083.

  4         (b)  In addition to any applicable criminal penalty,

  5  upon conviction for a violation described in subsection (1), a

  6  participant or beneficiary of a pension plan receiving funding

  7  under this chapter may, in the discretion of the board of

  8  trustees, be required to forfeit the right to receive any or

  9  all benefits to which the person would otherwise be entitled

10  under this chapter.  For purposes of this paragraph,

11  "conviction" means a determination of guilt that is the result

12  of a plea or trial, regardless of whether adjudication is

13  withheld.

14         Section 63.  Section 185.19, Florida Statutes, is

15  amended to read:

16         185.19  Separation from municipal service;

17  refunds.--For any municipality, chapter plan, local law

18  municipality, or local law plan under this chapter:

19         (1)  If Should any police officer leaves leave the

20  service of the municipality before accumulating aggregate time

21  of 10 years toward retirement and before being eligible to

22  retire under the provisions of this chapter, such police

23  officer shall be entitled to a refund of all of his or her

24  contributions made to the municipal police officers'

25  retirement trust fund without interest, less any benefits paid

26  to him or her.

27         (2)  If Should any police officer who has been in the

28  service of the municipality for at least 10 years elects and

29  has contributed to the municipal police officers' retirement

30  trust fund for at least 10 years elect to leave his or her

31  accrued contributions, if contributions are required, in the

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  1  municipal police officers' retirement trust fund, such police

  2  officer upon attaining age 50 years or more may retire at the

  3  actuarial equivalent of the amount of such retirement income

  4  otherwise payable to him or her, as provided in s. 185.16(4),

  5  or, upon attaining age 55 years, may retire as provided in s.

  6  185.16(2).

  7         Section 64.  Section 185.191, Florida Statutes, is

  8  amended to read:

  9         185.191  Lump-sum payment of small retirement

10  income.--For any municipality, chapter plan, local law

11  municipality, or local law plan under this chapter,

12  notwithstanding any provision of the plan to the contrary, if

13  the monthly retirement income payable to any person entitled

14  to benefits hereunder is less than $100 $30 or if the

15  single-sum value of the accrued retirement income is less than

16  $2,500 $750 as of the date of retirement or termination of

17  service, whichever is applicable, the board of trustees, in

18  the exercise of its discretion, may specify that the actuarial

19  equivalent of such retirement income be paid in a lump sum.

20         Section 65.  Section 185.21, Florida Statutes, is

21  amended to read:

22         185.21  Death prior to retirement; refunds of

23  contributions or payment of death benefits.--For any

24  municipality, chapter plan, local law municipality, or local

25  law plan under this chapter:

26         (1)  If a Should any police officer dies die before

27  being eligible to retire under the provisions of this chapter,

28  the heirs, legatees, beneficiaries, or personal

29  representatives representative of such deceased police officer

30  shall be entitled to a refund of 100 percent, without

31  interest, of the contributions made to the municipal police

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  1  officers' retirement trust fund by such deceased police

  2  officer or, in the event an annuity or life insurance contract

  3  has been purchased by the board on such police officer, then

  4  to the death benefits available under such life insurance or

  5  annuity contract, subject to the limitations on such death

  6  benefits set forth in s. 185.061 whichever amount is greater.

  7         (2)  If a any police officer having at least 10 years

  8  of credited service dies prior to retirement but has at least

  9  10 years of contributing service, his or her beneficiary is

10  entitled to the benefits otherwise payable to the police

11  officer at early or normal retirement age.

12

13  In the event that a the death benefit paid by a life insurance

14  company exceeds the limit set forth in s. 185.061(6), the

15  excess of the death benefit over the limit shall be paid to

16  the municipal police officers' retirement trust fund.

17  However, death the benefits as provided pursuant to in s.

18  112.19 or any other state or federal law shall not be included

19  in the calculation of as death or retirement benefits provided

20  under the provisions of this chapter.

21         Section 66.  Section 185.221, Florida Statutes, is

22  amended to read:

23         185.221  Annual report to Division of Retirement;

24  actuarial valuations reports.--For any municipality, chapter

25  plan, local law municipality, or local law plan under this

26  chapter, the board of trustees for every chapter plan and

27  local law plan shall submit the following reports to the

28  division:

29         (1)  With respect to chapter plans:

30         (a)(1)  Each year by February 1, the chair or secretary

31  of each municipal police officers' retirement trust fund

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  1  operating a chapter plan shall file a report with the division

  2  which contains:

  3         1.(a)  A statement of whether in fact the municipality

  4  is within the provisions of s. 185.03.

  5         2.(b)  An independent audit by a certified public

  6  accountant if the fund has $250,000 $100,000 or more in

  7  assets, or a certified statement of accounting if the fund has

  8  less than $250,000 $100,000 in assets, for the most recent

  9  plan fiscal year of the municipality, showing a detailed

10  listing of assets and methods used to value them and a

11  statement of all income and disbursements during the year.

12  Such income and disbursements shall be reconciled with the

13  assets at the beginning and end of the year.

14         3.(c)  A statistical exhibit showing the total number

15  of police officers on the force of the municipality, the

16  number included in the retirement plan and the number

17  ineligible classified according to the reasons for their being

18  ineligible, and the number of disabled and retired police

19  officers and their beneficiaries receiving pension payments

20  and the amounts of annual retirement income or pension

21  payments being received by them.

22         4.(d)  A statement of the amount the municipality, or

23  other income source, has contributed to the retirement plan

24  for the most recent plan year ending with the preceding

25  December 31 and the amount the municipality will contribute to

26  the retirement plan for the current plan calendar year.

27         5.(e)  If any benefits are insured with a commercial

28  insurance company, the report shall include a statement of the

29  relationship of the insured benefits to the benefits provided

30  by this chapter.  This report shall also contain information

31

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  1  about the insurer, basis of premium rates and mortality table,

  2  interest rate and method used in valuing retirement benefits.

  3         (b)(2)  In addition to annual reports provided under

  4  paragraph (a), by February 1 of each triennial year, an

  5  actuarial valuation of the chapter plan must be made by the

  6  division at least once every 3 years, as provided in s.

  7  112.63, commencing 3 years from the last actuarial valuation

  8  of the plan or system for existing plans, or commencing 3

  9  years from the issuance of the initial actuarial impact

10  statement submitted under s. 112.63 for newly created plans.

11  To that end By February 1 of each triennial year beginning

12  with February 1, 1986, and at least every 3 years commencing

13  from the last actuarial report of the plan or system or from

14  February 1, 1987, if no actuarial report has been issued

15  within the 3-year period prior to February 1, 1986, the chair

16  of the board of trustees for each municipal police officers'

17  retirement trust fund operating under a chapter plan shall

18  report to the division such data as that the division needs to

19  complete an actuarial valuation of each fund.  The forms for

20  each municipality shall be supplied by the division.  The

21  expense of the actuarial valuation shall be borne by the

22  municipal police officers' retirement trust fund established

23  by s. 185.10. The requirements of this section are

24  supplemental to the actuarial valuations necessary to comply

25  with ss. 11.45 and 218.32.

26         (2)  With respect to local law plans:

27         (a)  Each year, on or before March 15, the trustees of

28  the retirement plan shall submit the following information to

29  the division in order for the retirement plan of such

30  municipality to receive a share of the state funds for the

31  then-current calendar year:

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  1         1.  A certified copy of each and every instrument

  2  constituting or evidencing the plan.  This includes the formal

  3  plan, including all amendments, the trust agreement, copies of

  4  all insurance contracts, and formal announcement materials.

  5         2.  An independent audit by a certified public

  6  accountant if the fund has $250,000 or more in assets, or a

  7  certified statement of accounting if the fund has less than

  8  $250,000 in assets, for the most recent plan year, showing a

  9  detailed listing of assets and a statement of all income and

10  disbursements during the year.  Such income and disbursements

11  must be reconciled with the assets at the beginning and end of

12  the year.

13         3.  A certified statement listing the investments of

14  the plan and a description of the methods used in valuing the

15  investments.

16         4.  A statistical exhibit showing the total number of

17  police officers, the number included in the plan, and the

18  number ineligible classified according to the reasons for

19  their being ineligible, and the number of disabled and retired

20  police officers and their beneficiaries receiving pension

21  payments and the amounts of annual retirement income or

22  pension payments being received by them.

23         5.  A certified statement describing the methods,

24  factors, and actuarial assumptions used in determining the

25  cost.

26         6.  A certified statement by an enrolled actuary

27  showing the results of the latest actuarial valuation of the

28  plan and a copy of the detailed worksheets showing the

29  computations used in arriving at the results.

30         7.  A statement of the amount the municipality, or

31  other income source, has contributed toward the plan for the

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  1  most recent plan year and will contribute toward the plan for

  2  the current plan year.

  3

  4  When any of the items required hereunder is identical to the

  5  corresponding item submitted for a previous year, it is not

  6  necessary for the trustees to submit duplicate information if

  7  they make reference to the item in the previous year's report.

  8         (b)  In addition to annual reports provided under

  9  paragraph (a), an actuarial valuation of the retirement plan

10  must be made at least once every 3 years, as provided in s.

11  112.63, commencing 3 years from the last actuarial valuation

12  of the plan or system for existing plans, or commencing 3

13  years from issuance of the initial actuarial impact statement

14  submitted under s. 112.63 for newly created plans.  Such

15  valuation shall be prepared by an enrolled actuary, subject to

16  the following conditions:

17         1.  The assets shall be valued as provided in s.

18  112.625(7).

19         2.  The cost of the actuarial valuation must be paid by

20  the individual police officer's retirement trust fund or by

21  the sponsoring municipality.

22         3.  A report of the valuation, including actuarial

23  assumptions and type and basis of funding, shall be made to

24  the division within 3 months after the date of the valuation.

25  If any benefits are insured with a commercial insurance

26  company, the report must include a statement of the

27  relationship of the retirement plan benefits to the insured

28  benefits, the name of the insurer, the basis of premium rates,

29  and the mortality table, interest rate, and method used in

30  valuing the retirement benefits.

31

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  1         Section 67.  Subsection (1) of section 185.23, Florida

  2  Statutes, is amended to read:

  3         185.23  Duties of Division of Retirement; rulemaking;

  4  investment by State Board of Administration.--

  5         (1)  The division shall be responsible for the daily

  6  oversight and monitoring for actuarial soundness of the

  7  municipal police officers' retirement plans, whether chapter

  8  or local law plans, established under this chapter, for

  9  receiving and holding the premium tax moneys collected under

10  this chapter, and, upon determining compliance with the

11  provisions on this chapter, for disbursing those moneys to the

12  municipal police officers' retirement plans.  The funds to pay

13  the expenses for such administration shall be annually

14  appropriated from the interest and investment income earned on

15  moneys deposited in the trust fund.

16         Section 68.  Section 185.25, Florida Statutes, is

17  amended to read:

18         185.25  Exemption from execution.--For any

19  municipality, chapter plan, local law municipality, or local

20  law plan under this chapter, the pensions, annuities, or any

21  other benefits accrued or accruing to any person under any

22  municipality, chapter plan, local law municipality, or local

23  law plan under the provisions of this chapter and the

24  accumulated contributions and the cash securities in the funds

25  created under this chapter are hereby exempted from any state,

26  county or municipal tax of the state and shall not be subject

27  to execution or attachment or to any legal process whatsoever

28  and shall be unassignable.

29         Section 69.  Section 185.27, Florida Statutes, is

30  repealed.

31

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  1         Section 70.  Section 185.29, Florida Statutes, is

  2  repealed.

  3         Section 71.  Section 185.30, Florida Statutes, is

  4  amended to read:

  5         185.30  Depository for retirement fund.--For any

  6  municipality, chapter plan, local law municipality, or local

  7  law plan under this chapter, all funds and securities of the

  8  municipal police officers' retirement trust fund of any

  9  municipality, chapter plan, local law municipality, or local

10  law plan under this chapter may be deposited by the board of

11  trustees with the treasurer of the municipality acting in a

12  ministerial capacity only, who shall be liable in the same

13  manner and to the same extent as he or she is liable for the

14  safekeeping of funds for the municipality.  However, any funds

15  and securities so deposited with the treasurer of the

16  municipality shall be kept in a separate fund by the municipal

17  treasurer or clearly identified as such funds and securities

18  of the municipal police officers' retirement trust fund.  In

19  lieu thereof, the board of trustees shall deposit the funds

20  and securities of the municipal police officers' retirement

21  trust fund in a qualified public depository as defined in s.

22  280.02, which depository with regard to such funds and

23  securities shall conform to and be bound by all of the

24  provisions of chapter 280.

25         Section 72.  Section 185.31, Florida Statutes, is

26  amended to read:

27         185.31  Municipalities and boards independent of other

28  municipalities and boards and of each other.--In the

29  enforcement and in the interpretation of the provisions of

30  this chapter for any municipality, chapter plan, local law

31  municipality, or local law plan under this chapter, each

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  1  municipality shall be independent of any other municipality,

  2  and the board of trustees of the municipal police officers'

  3  retirement trust fund of each municipality shall function for

  4  the municipality which they are to serve as trustees. Each

  5  board of trustees shall be independent of each municipality

  6  for which it serves as board of trustees to the extent

  7  required to accomplish the intent, requirements, and

  8  responsibilities provided for in this chapter.

  9         Section 73.  Section 185.32, Florida Statutes, is

10  repealed.

11         Section 74.  Section 185.34, Florida Statutes, is

12  amended to read:

13         185.34  Disability in line of duty.--For any

14  municipality, chapter plan, local law municipality, or local

15  law plan under this chapter, any condition or impairment of

16  health of any and all police officers employed in the state

17  caused by tuberculosis, hypertension, heart disease, or

18  hardening of the arteries, resulting in total or partial

19  disability or death, shall be presumed to be accidental and

20  suffered in line of duty unless the contrary be shown by

21  competent evidence.  Any condition or impairment of health

22  caused directly or proximately by exposure, which exposure

23  occurred in the active performance of duty at some definite

24  time or place without willful negligence on the part of the

25  police officer, resulting in total or partial disability,

26  shall be presumed to be accidental and suffered in the line of

27  duty, provided that such police officer shall have

28  successfully passed a physical examination upon entering such

29  service, which physical examination including

30  electrocardiogram failed to reveal any evidence of such

31  condition, and, further, that such presumption shall not apply

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  1  to benefits payable under or granted in a policy of life

  2  insurance or disability insurance.  This section shall be

  3  applicable to all police officers employed in this state only

  4  with reference to pension and retirement benefits under this

  5  chapter.

  6         Section 75.  Section 185.341, Florida Statutes, is

  7  amended to read:

  8         185.341  Discrimination in benefit formula prohibited;

  9  restrictions regarding designation of joint annuitants.--For

10  any municipality, chapter plan, local law municipality, or

11  local law plan under this chapter:

12         (1)  No plan established under the provisions of this

13  chapter and participating in the distribution of premium tax

14  moneys as provided in this chapter shall discriminate in its

15  benefit formula based on color, national origin, sex, or

16  marital status.; however,

17         (2)(a)  If a plan offers a joint annuitant option and

18  the member selects such option, or if a the plan specifies

19  that the member's spouse is to receive the benefits that which

20  continue to be payable upon the death of the member, then, in

21  both of these cases, after retirement the benefits have

22  commenced, a retired member may change the designation of

23  joint annuitant or beneficiary only twice.

24         (b)  Any If said retired member who desires to change

25  the joint annuitant or beneficiary, he or she shall file with

26  the board of trustees of his or her plan a notarized notice of

27  such change either by registered letter or on such a form as

28  is provided by the administrator of the plan. Upon receipt of

29  a completed change of joint annuitant form or such other

30  notice, the board of trustees shall adjust the member's

31  monthly benefit by the application of actuarial tables and

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  1  calculations developed to ensure that the benefit paid is the

  2  actuarial equivalent of the present value of the member's

  3  current benefit.  Nothing herein shall preclude a plan from

  4  actuarially adjusting benefits or offering options based upon

  5  sex, age, early retirement, or disability.

  6         Section 76.  Section 185.35, Florida Statutes, is

  7  amended to read:

  8         185.35  Municipalities having their own pension plans

  9  for police officers.--For any municipality, chapter plan,

10  local law municipality, or local law plan under this chapter,

11         (1)  in order for municipalities with their own pension

12  plans for police officers or for police officers, and

13  firefighters where included, other employees to participate in

14  the distribution of the tax fund established pursuant to s. in

15  ss. 185.07, 185.08, local law plans and 185.09, their

16  retirement funds must meet the minimum benefits and minimum

17  standards set forth in this chapter each of the following

18  standards:

19         (1)  PREMIUM TAX INCOME.--If a municipality has a

20  pension plan for police officers, or for police officers and

21  firefighters where included, which, in the opinion of the

22  division, meets the minimum benefits and minimum standards set

23  forth in this chapter, the board of trustees of the pension

24  plan, as approved by a majority of police officers of the

25  municipality, may:

26         (a)  Place the income from the premium tax in s. 185.08

27  in such pension plan for the sole and exclusive use of its

28  police officers, or its police officers and firefighters where

29  included, where it shall become an integral part of that

30  pension plan and shall be used to pay extra benefits to the

31  police officers included in that pension plan; or

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  1         (b)  May place the income from the premium tax in s.

  2  185.08 in a separate supplemental pension plan to pay extra

  3  benefits to the police officers, or police officers and

  4  firefighters where included, participating in such separate

  5  supplemental pension plan.

  6

  7  Any provision of law to the contrary notwithstanding, the

  8  premium tax provided by this chapter shall in all cases be

  9  used in its entirety to provide extra benefits to police

10  officers, or police officers and firefighters, where included.

11  For purposes of this chapter, the term "extra benefits" means

12  benefits in addition to or greater than those provided to

13  general employees of the municipality.

14         (2)  ADOPTION OR REVISION OF A LOCAL LAW PLAN.--

15         (a)  The plan must be for the purpose of providing

16  retirement and disability income for police officers.

17         (b)  The normal retirement age, if any, must not be

18  higher than age 60.

19         (c)  If the plan provides for a stated period of

20  service as a requirement to receive a retirement income, that

21  period must not be higher than 30 years.

22         (d)  The benefit formula to determine the amount of

23  monthly pension must be equal to at least 2 percent for each

24  year of the police officer's credited service, multiplied by

25  his or her average final compensation. However, if current

26  state contributions pursuant to this chapter are not adequate

27  to fund the additional benefits to meet the minimum

28  requirements in this chapter, only increment increases shall

29  be required as state moneys are adequate to provide.  Such

30  increments shall be provided as state moneys become available.

31

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  1         (e)  If a ceiling on the monthly payment is stated in

  2  the plan, it should be no lower than $100.

  3         (f)  Death or survivor benefits and disability benefits

  4  may be incorporated into the plan as the municipality wishes

  5  but in no event should the single-sum value of such benefits

  6  as of the date of termination of service because of death or

  7  disability exceed:

  8         1.  One hundred times the estimated normal monthly

  9  retirement income, based on the assumption that the present

10  rate of compensation continues without change to normal

11  retirement date,

12         2.  Twice the annual rate of compensation as of the

13  date of termination of service, or

14         3.  The single-sum value of the accrued deferred

15  retirement income (beginning at normal retirement date) at

16  date of termination of service,

17

18  whichever is greatest; however, nothing in this paragraph

19  shall require any reduction in death or disability benefits

20  provided by a retirement plan in effect on July 1, 1959.

21         (g)  Eligibility for coverage under the plan must be

22  based upon length of service, or attained age, or both, and

23  benefits must be determined by a nondiscriminatory formula

24  based upon:

25         1.  Length of service and compensation, or

26         2.  Length of service.

27

28  The retirement plan shall require participants to contribute

29  toward the cost of the plan an amount which shall not be less

30  than 1 percent of salary, and it must set forth the

31

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  1  termination rights, if any, of an employee in the event of the

  2  separation or withdrawal of an employee before retirement.

  3         (h)  An actuarial valuation of the retirement plan must

  4  be made at least once in every 5 years commencing with

  5  December 31, 1963, and at least every 3 years commencing from

  6  the last actuarial report of the plan or system or from

  7  October 1, 1986, if no actuarial report has been issued within

  8  the 3 years prior to October 1, 1983.  Such valuation shall be

  9  prepared by an enrolled actuary.

10         1.  The cost of the actuarial valuation must be paid by

11  the individual retirement fund or by the municipality.

12         2.  A report of the valuation, including actuarial

13  assumptions and type and basis of funding, shall be made to

14  the division within 3 months after the date of valuation.  If

15  any benefits are insured with a commercial insurance company,

16  the report shall include a statement of the relationship of

17  the retirement plan benefits to the insured benefits and, in

18  addition, the name of the insurer, basis of premium rates, and

19  the mortality table, interest rate, and method used in valuing

20  retirement benefits.

21         (i)  Commencing on July 1, 1964, the municipality shall

22  contribute to the plan annually an amount which together with

23  the contributions from the police officers, the amount derived

24  from the premium tax provided in s. 185.08, and other income

25  sources will be sufficient to meet the normal cost of the plan

26  and to fund the actuarial deficiency over a period not longer

27  than 40 years.

28         (j)  No retirement plan or amendment to a retirement

29  plan shall be proposed for adoption unless the proposed plan

30  or amendment contains an actuarial estimate of the costs

31  involved.  No such proposed plan or proposed plan change shall

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  1  be adopted without the approval of the municipality or, where

  2  permitted, the Legislature. Copies of the proposed plan or

  3  proposed plan change and the actuarial impact statement of the

  4  proposed plan or proposed plan change shall be furnished to

  5  the division prior to the last public hearing thereon.  Such

  6  statement shall also indicate whether the proposed plan or

  7  proposed plan change is in compliance with s. 14, Art. X of

  8  the State Constitution and those provisions of part VII of

  9  chapter 112 which are not expressly provided in this chapter.

10         (k)  Each year on or before March 15, the trustees of

11  the retirement plan must submit the following information to

12  the division in order for the retirement plan of such

13  municipality to receive a share of state funds for the then

14  current calendar year; when any of these items would be

15  identical with the corresponding item submitted for a previous

16  year, it is not necessary for the trustees to submit duplicate

17  information if they make reference to the item in such

18  previous year's report:

19         1.  A certified copy of each and every instrument

20  constituting or evidencing the plan.

21         2.  An independent audit by a certified public

22  accountant if the fund has $100,000 or more in assets, or a

23  certified statement of accounting if the fund has less than

24  $100,000 in assets, for the most recent fiscal year of the

25  municipality showing a detailed listing of assets and a

26  statement of all income and disbursements during the year.

27  Such income and disbursements must be reconciled with the

28  assets at the beginning and end of the year.

29         3.  A certified statement listing the investments of

30  the plan and a description of the methods used in valuing the

31  investments.

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  1         4.  A statistical exhibit showing the total number of

  2  police officers, the number included in the plan, and the

  3  number ineligible classified according to the reasons for

  4  their being ineligible.

  5         5.  A statement of the amount the municipality and

  6  other income sources have contributed toward the plan or will

  7  contribute toward the plan for the current calendar year.

  8         (2)  If a municipality has a police officers'

  9  retirement plan which, in the opinion of the division, meets

10  the standards set forth in subsection (1), the board of

11  trustees of the pension plan, as approved by a majority of the

12  police officers of the municipality affected, or the official

13  pension committee, as approved by a majority of the police

14  officers of the municipality affected, may place the income

15  from the premium tax in s. 185.08 in its existing pension fund

16  for the sole and exclusive use of its police officers (or for

17  firefighters and police officers where included), where it

18  shall become an integral part of that fund, or may use the

19  income to pay extra benefits to the police officers included

20  in the fund.

21          (3)  Notwithstanding any other provision, with respect

22  to any supplemental plan municipality:

23         (a)  Section 185.02(4)(a) shall not apply, and a local

24  law plan and a supplemental plan may continue to use their

25  definition of compensation or salary in existence on the

26  effective date of this act.

27         (b)  Section 185.05(1)(b) shall not apply, and a local

28  law plan and a supplemental plan shall continue to be

29  administered by a board or boards of trustees numbered,

30  constituted, and selected as the board or boards were

31  numbered, constituted, and selected on January 1, 1997.

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  1         (c)  Paragraphs (1)(a) and (b) shall not apply.

  2         (4)(3)  The retirement plan setting forth the benefits

  3  and the trust agreement, if any, covering the duties and

  4  responsibilities of the trustees and the regulations of the

  5  investment of funds must be in writing and copies made

  6  available to the participants and to the general public.

  7         (4)(a)  The membership of the board of trustees for

  8  pension plans operated pursuant to this section shall be as

  9  follows:

10         1.  If a municipality has a pension plan for police

11  officers only, the provisions of s. 185.05 shall apply.

12         2.  If a municipality has a pension plan for police

13  officers and firefighters, the provisions of s. 185.05 shall

14  apply, except that two members of the board shall be police

15  officers or firefighters who shall be elected by a majority of

16  the police officers and firefighters who are members of the

17  plan.

18         3.  If a municipality has a pension plan for police

19  officers and general employees, at least one member of the

20  board shall be a police officer who shall be elected by a

21  majority of the police officers who are members of the plan.

22         4.  If a municipality has a pension plan for police

23  officers, firefighters, and general employees, at least one

24  member of the board shall be a police officer or firefighter

25  who shall be elected by a majority of the police officers and

26  firefighters who are members of the plan.

27         (b)  Nothing in this section shall permit the reduction

28  of the membership percentage of police officers, or police

29  officers and firefighters where a joint or mixed fund exists,

30  on any board of trustees operating a pension plan pursuant to

31  this section on June 30, 1986.

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  1         (5)  The provisions of this section and s. 185.05 may

  2  not be changed by a participating municipality operating a

  3  pension plan pursuant to this section.

  4         Section 77.  Section 185.36, Florida Statutes, is

  5  repealed.

  6         Section 78.  Section 185.37, Florida Statutes, is

  7  amended to read:

  8         185.37  Termination of plan and distribution of

  9  fund.--For any municipality, chapter plan, local law

10  municipality, or local law plan under this chapter, the plan

11  may be terminated by the municipality. Upon termination of the

12  plan by the municipality for any reason, or because of a

13  transfer, merger, or consolidation of governmental units,

14  services, or functions as provided in chapter 121, or upon

15  written notice to the board of trustees by the municipality

16  that contributions under the plan are being permanently

17  discontinued, the rights of all employees to benefits accrued

18  to the date of such termination or discontinuance and the

19  amounts credited to the employees' accounts are

20  nonforfeitable. The fund shall be apportioned and distributed

21  in accordance with the following procedures:

22         (1)  The board of trustees shall determine the date of

23  distribution and the asset value to be distributed, after

24  taking into account the expenses of such distribution.

25         (2)  The board of trustees shall determine the method

26  of distribution of the asset value, that is, whether

27  distribution shall be by payment in cash, by the maintenance

28  of another or substituted trust fund, by the purchase of

29  insured annuities, or otherwise, for each police officer

30  entitled to benefits under the plan, as specified in

31  subsection (3).

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  1         (3)  The board of trustees shall apportion the asset

  2  value as of the date of termination in the manner set forth in

  3  this subsection, on the basis that the amount required to

  4  provide any given retirement income shall mean the actuarially

  5  computed single-sum value of such retirement income, except

  6  that if the method of distribution determined under subsection

  7  (2) involves the purchase of an insured annuity, the amount

  8  required to provide the given retirement income shall mean the

  9  single premium payable for such annuity.

10         (a)  Apportionment shall first be made in respect of

11  each retired police officer receiving a retirement income

12  hereunder on such date, each person receiving a retirement

13  income on such date on account of a retired (but since

14  deceased) police officer, and each police officer who has, by

15  such date, become eligible for normal retirement but has not

16  yet retired, in the amount required to provide such retirement

17  income, provided that, if such asset value is less than the

18  aggregate of such amounts, such amounts shall be

19  proportionately reduced so that the aggregate of such reduced

20  amounts will be equal to such asset value.

21         (b)  If there is any asset value remaining after the

22  apportionment under paragraph (a), apportionment shall next be

23  made in respect of each police officer in the service of the

24  municipality on such date who has completed at least 10 years

25  of credited service, in who has contributed to the municipal

26  police officers' retirement trust fund for at least 10 years,

27  and who is not entitled to an apportionment under paragraph

28  (a), in the amount required to provide the actuarial

29  equivalent of the accrued normal retirement income, based on

30  the police officer's credited service and earnings to such

31  date, and each former participant then entitled to a benefit

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  1  under the provisions of s. 185.19 who has not by such date

  2  reached his or her normal retirement date, in the amount

  3  required to provide the actuarial equivalent of the accrued

  4  normal retirement income to which he or she is entitled under

  5  s. 185.19, provided that, if such remaining asset value is

  6  less than the aggregate of the amounts apportioned hereunder,

  7  such latter amounts shall be proportionately reduced so that

  8  the aggregate of such reduced amounts will be equal to such

  9  remaining asset value.

10         (c)  If there is an asset value after the

11  apportionments under paragraphs (a) and (b), apportionment

12  shall lastly be made in respect of each police officer in the

13  service of the municipality on such date who is not entitled

14  to an apportionment under paragraphs (a) and (b) in the amount

15  equal to the police officer's total contributions to the plan

16  to date of termination, provided that, if such remaining asset

17  value is less than the aggregate of the amounts apportioned

18  hereunder, such latter amounts shall be proportionately

19  reduced so that the aggregate of such reduced amounts will be

20  equal to such remaining asset value.

21         (d)  In the event that there is asset value remaining

22  after the full apportionment specified in paragraphs (a), (b),

23  and (c), such excess shall be returned to the municipality,

24  less return to the state of the state's contributions,

25  provided that, if the excess is less than the total

26  contributions made by the municipality and the state to date

27  of termination of the plan, such excess shall be divided

28  proportionately to the total contributions made by the

29  municipality and the state.

30

31

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  1         (4)  The board of trustees shall distribute, in

  2  accordance with the manner of distribution determined under

  3  subsection (2), the amounts apportioned under subsection (3).

  4

  5  If, after a period of 24 months after the date on which the

  6  plan terminated or the date on which the board received

  7  written notice that the contributions thereunder were being

  8  permanently discontinued, the municipality or the board of

  9  trustees of the municipal police officers' retirement trust

10  fund affected has not complied with all the provisions in this

11  section, the division shall effect the termination of the fund

12  in accordance with this section.

13         Section 79.  Section 185.38, Florida Statutes, is

14  amended to read:

15         185.38  Transfer to another state retirement system;

16  benefits payable.--For any municipality, chapter plan, local

17  law municipality, or local law plan under this chapter:

18         (1)  Any police officer who has a vested right to

19  benefits under a pension plan created pursuant to the

20  provisions of this chapter and who elects to participate in

21  another state retirement system may not receive a benefit

22  under the provisions of the latter retirement system for any

23  year's service for which benefits are paid under the

24  provisions of the pension plan created pursuant to this

25  chapter.

26         (2)  When every active participant in any pension plan

27  created pursuant to this chapter elects to transfer to another

28  state retirement system, the pension plan created pursuant to

29  this chapter shall be terminated and the assets distributed in

30  accordance with s. 185.37.  If some participants in a pension

31  plan created pursuant to this chapter elect to transfer to

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  1  another state retirement system and other participants elect

  2  to remain in the existing plan created pursuant to this

  3  chapter, the plan created pursuant to this chapter shall

  4  remain in effect until fully funded and shall then be

  5  terminated in accordance with s. 185.37.

  6         Section 80.  Section 185.39, Florida Statutes, is

  7  amended to read:

  8         (Substantial rewording of section.  See

  9         s. 185.39, F.S., for present text.)

10         185.39  Applicability.--This act applies to all

11  municipalities, chapter plans, local law municipalities, or

12  local law plans presently existing or to be created pursuant

13  to this chapter.  Those plans presently existing pursuant to

14  s. 185.35 and not in compliance with the provisions of this

15  act must comply no later than December 31, 1998.  However, the

16  plan sponsor of any plan established by special act of the

17  Legislature shall have until July 1, 1999, to comply with the

18  provisions of this act, except as otherwise provided in this

19  act with regard to establishment and election of board

20  members.  The provisions of this act shall be construed to

21  establish minimum standards and minimum benefit levels, and

22  nothing contained in this act or in chapter 185 shall operate

23  to reduce presently existing rights or benefits of any police

24  officer, directly, indirectly, or otherwise.

25         Section 81.  Section 185.40, Florida Statutes, is

26  repealed.

27         Section 82.  Section 185.50, Florida Statutes, is

28  amended to read:

29         185.50  Retiree health insurance subsidy.--For any

30  municipality, chapter plan, local law municipality, or local

31  law plan under this chapter, under the broad grant of home

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  1  rule powers under the Florida Constitution and chapter 166,

  2  municipalities have the authority to establish and administer

  3  locally funded health insurance subsidy programs. Pursuant

  4  thereto:

  5         (1)  PURPOSE.--The purpose of this section is to allow

  6  municipalities the option to use premium tax moneys, as

  7  provided for under this chapter, to establish and administer

  8  health insurance subsidy programs which will provide a monthly

  9  subsidy payment to retired members of any municipal police

10  officers' pension trust fund system or plan as provided under

11  this chapter, or to beneficiaries who are spouses or financial

12  dependents entitled to receive benefits under such a plan, in

13  order to assist such retired members or beneficiaries in

14  paying the costs of health insurance.

15         (2)  MUNICIPAL RETIREE HEALTH INSURANCE SUBSIDY TRUST

16  FUNDS; ESTABLISHMENT AND TERMINATION.--

17         (a)  Any municipality having a municipal police

18  officers' pension trust fund system or plan as provided under

19  this chapter may, in its discretion, establish by ordinance a

20  trust fund to be known as the municipal police officers'

21  retiree health insurance subsidy trust fund.  This fund may be

22  a separate account established for such purpose in the

23  existing municipal police officers' pension fund, provided

24  that all funds deposited in such account are segregated from,

25  and not commingled with, pension funds or other public moneys

26  and that the account otherwise conforms to the requirements of

27  subsection (8). The trust fund shall be used to account for

28  all moneys received and disbursed pursuant to this section.

29         (b)  Prior to the second reading of the ordinance

30  before the municipal legislative body, an actuarial valuation

31  must be performed by an enrolled actuary as defined in s.

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  1  185.02, and copies of the valuation and the proposed

  2  implementing ordinance shall be furnished to the division.

  3         (c)  The subsidy program may, at the discretion of the

  4  municipal governing body, be permanently discontinued by

  5  municipal ordinance at any time, subject to the requirements

  6  of any applicable collective bargaining agreement, in the same

  7  manner and subject to the same conditions established for plan

  8  termination and fund distribution under s. 185.37.

  9         (3)  FUNDING.--Trust funds established pursuant to this

10  section shall be funded in the following manner:

11         (a)  By payment to the fund of an amount equivalent to

12  one-half of the net increase over the previous tax year in the

13  premium tax funds provided for in this chapter, said amount to

14  be established in the implementing ordinance.

15         (b)  By no less than one-half of 1 percent of the base

16  salary of each police officer, for so long as the police

17  officer is employed and covered by a pension plan established

18  pursuant to this chapter. The municipality, with approval of

19  the board of trustees, may increase member contributions if

20  needed to fund benefits greater than the minimums established

21  in this section.

22         (c)  By payment by the municipality, on at least a

23  quarterly basis, of whatever sum is determined necessary to

24  maintain the actuarial soundness of the fund in accordance

25  with s. 112.64.

26

27  Such contributions and payments shall be submitted to the

28  board of trustees of the police officers' pension trust fund,

29  or the plan trustees in the case of local law plans

30  established under s. 185.35, and deposited in the Municipal

31  Police Officers' Retiree Health Insurance Subsidy Trust Fund,

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  1  in the same manner and subject to the same time constraints as

  2  provided under s. 185.11.

  3         (4)  ELIGIBILITY FOR RETIREE HEALTH INSURANCE

  4  SUBSIDY.--A person who has contributed to the Retiree Health

  5  Insurance Subsidy Trust Fund and retires under a municipal

  6  police officers' pension trust fund system or plan as provided

  7  under this chapter, including any local law plan as provided

  8  under s. 185.35, or a beneficiary who is a spouse or financial

  9  dependent entitled to receive benefits under such a plan, is

10  eligible for health insurance subsidy payments provided under

11  this section.  However, the fund, with approval of the board

12  of trustees and the municipality, may provide coverage to

13  retirees and beneficiaries when the retirees have not

14  contributed to the fund as provided in subsection (3).

15  Payment of the retiree health insurance subsidy shall be made

16  only after coverage for health insurance for the retiree or

17  beneficiary has been certified in writing to the board of

18  trustees of the municipal police officers' pension trust fund.

19         (5)  RETIREE HEALTH INSURANCE SUBSIDY

20  AMOUNT.--Beginning on the effective date established in the

21  implementing ordinance, each eligible retiree, or beneficiary

22  who is a spouse or financial dependent thereof, shall receive

23  a monthly retiree health insurance subsidy payment equal to

24  the aggregate number of years of service with the

25  municipality, as defined in s. 185.02, completed at the time

26  of retirement multiplied by an amount determined in the

27  implementing ordinance, but no less than $3 for each year of

28  service. Nothing herein shall be construed to restrict the

29  plan sponsor from establishing, in the implementing ordinance,

30  a cap of no less than 30 years upon the number of years'

31

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  1  service for which credit will be given toward a health

  2  insurance subsidy or a maximum monthly subsidy amount.

  3         (6)  PAYMENT OF RETIREE HEALTH INSURANCE

  4  SUBSIDY.--Beginning on the effective date established in the

  5  implementing ordinance, any monthly retiree health insurance

  6  subsidy amount due and payable under this section shall be

  7  paid to retired members, or their eligible beneficiaries, by

  8  the board of trustees of the police officers' pension trust

  9  fund, or the plan trustees in the case of local law plans

10  established under s. 185.35, in the same manner as provided by

11  s. 185.06(1)(c) for drafts upon the pension fund.

12         (7)  INVESTMENT OF THE TRUST FUND.--The trustees of the

13  police officers' pension trust fund, or the plan trustees in

14  the case of local law plans established under s. 185.35, are

15  hereby authorized to invest and reinvest the funds of the

16  Municipal Police Officers' Retiree Health Insurance Subsidy

17  Trust Fund in the same manner and subject to the same

18  conditions as apply hereunder to the investment of municipal

19  police officers' pension funds under s. 185.06.

20         (8)  DEPOSIT OF PENSION FUNDS.--All funds and

21  securities of the health insurance subsidy fund may be

22  deposited by the board of trustees with the treasurer of the

23  municipality, acting in a ministerial capacity only, who shall

24  be liable in the same manner and to the same extent as he or

25  she is liable for the safekeeping of funds for the

26  municipality.  Any funds so deposited shall be segregated by

27  said treasurer in a separate fund, clearly identified as funds

28  and securities of the health insurance subsidy fund.  In lieu

29  thereof, the board of trustees shall deposit the funds and

30  securities of the health insurance subsidy fund in a qualified

31  public depository as defined in s. 280.02, which shall conform

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  1  to and be bound by the provisions of chapter 280 with regard

  2  to such funds.  In no case shall the funds of the health

  3  insurance subsidy fund be deposited in any financial

  4  institution, brokerage house trust company, or other entity

  5  that is not a public depository as provided by s. 280.02.

  6         (9)  SEPARATION FROM SERVICE; REFUNDS.--Any police

  7  officer who terminates employment with a municipality having a

  8  Municipal Retiree Health Insurance Subsidy Trust Fund system

  9  or plan as provided under this section shall be entitled to a

10  refund of all employee contributions he or she made to that

11  trust fund, without interest, regardless of whether he or she

12  has vested for purposes of retirement.  Any police officer who

13  has vested for purposes of retirement in the service of the

14  municipality, and has contributed to the Municipal Police

15  Officers' Retiree Health Insurance Subsidy Trust Fund for so

16  long as he or she was eligible to make such contributions,

17  may, in his or her discretion, elect to leave his or her

18  accrued contributions in the fund, whereupon, such police

19  officer shall, upon retiring and commencing to draw retirement

20  benefits, receive a health insurance subsidy based upon his or

21  her aggregate number of years of service with the

22  municipality, as defined in s. 185.02.

23         (10)  ADMINISTRATION OF SYSTEM; ACTUARIAL VALUATIONS;

24  AUDITS; RULES; ADMINISTRATIVE COSTS.--The board of trustees of

25  the police officers' pension trust fund, or the plan trustees

26  in the case of local law plans established under s. 185.35,

27  shall be solely responsible for administering the health

28  insurance subsidy trust fund.  Pursuant thereto:

29         (a)  As part of its administrative duties, no less

30  frequently than every 3 years, the board shall have an

31  actuarial valuation of the municipal police officers' retiree

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  1  health insurance subsidy trust fund prepared as provided in s.

  2  112.63 by an enrolled actuary, covering the same reporting

  3  period or plan year used for the municipal police officers'

  4  pension plan, and shall submit a report of the valuation,

  5  including actuarial assumptions and type and basis of funding,

  6  to the division.

  7         (b)  By February 1 of each year, the trustees shall

  8  file a report with the division, containing an independent

  9  audit by a certified public accountant if the fund has

10  $250,000 $100,000 or more in assets, or a certified statement

11  of accounting if the fund has less than $250,000 $100,000 in

12  assets, for the most recent plan fiscal year of the

13  municipality, showing a detailed listing of assets and methods

14  used to value them and a statement of all income and

15  disbursements during the year.  Such income and disbursements

16  shall be reconciled with the assets at the beginning of and

17  end of the year.

18         (c)  The trustees may adopt such rules and regulations

19  as are necessary for the effective and efficient

20  administration of this section.

21         (d)  At the discretion of the plan sponsor, the cost of

22  administration may be appropriated from the trust fund or paid

23  directly by the plan sponsor.

24         (11)  BENEFITS.--Subsidy payments shall be payable

25  under the municipal police officers' retiree health insurance

26  subsidy program only to participants in the program or their

27  beneficiaries.  Such subsidy payments shall not be subject to

28  assignment, execution, or attachment or to any legal process

29  whatsoever, and shall be in addition to any other benefits to

30  which eligible recipients are entitled under any workers'

31  compensation law, pension law, collective bargaining

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  1  agreement, municipal or county ordinance, or any other state

  2  or federal statute.

  3         (12)  DISTRIBUTION OF PREMIUM TAXES; COMPLIANCE

  4  REQUIRED.--Premium tax dollars for which spending authority is

  5  granted under this section shall be distributed from the

  6  Police and Firefighters' Premium Tax Trust Fund and remitted

  7  annually to municipalities in the same manner as provided

  8  under this chapter for police officers' pension funds. Once a

  9  health insurance subsidy plan has been implemented by a

10  municipality under this section, in order for the municipality

11  to participate in the distribution of premium tax dollars

12  authorized under this section, all provisions of this section,

13  including state acceptance pursuant to part VII of chapter

14  112, shall be complied with, and said premium tax dollars may

15  be withheld for noncompliance.

16         Section 83.  This act shall take effect October 1 of

17  the year in which it is enacted.

18

19            *****************************************

20                       LEGISLATIVE SUMMARY

21
      Extensively revises chapters 175 and 185, Florida
22    Statutes, relating to firefighters' pension plans and law
      enforcement officers' pension plans, respectively, in
23    order to make the plans conform to the greatest extent
      possible, to provide definitions and clarify application
24    of provisions, and to update provisions to conform to
      other laws and subsequent changes in federal provisions.
25

26    The act provides that fire and police chiefs may
      optionally participate in their respective pension plans.
27    Up to 10 percent of firefighter and police officer
      pension plan assets may be invested in foreign securities
28    subject to the limitations contained in s. 215.47(1)-(9).
      Plans seeking to avail themselves of this authority must
29    complete new or provide amendments to their total
      investment plan. See bill for details.
30

31

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