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House Bill 3173

Florida House of Representatives - 1998 HB 3173 By the Committee on Governmental Operations and Representative Posey 1 A bill to be entitled 2 An act relating to retirement funds; amending 3 ss. 175.071 and 185.06, F.S.; revising the 4 general powers and duties of the board of 5 trustees of municipal firefighters' pension 6 trust funds and municipal police officers' 7 retirement trust funds; revising investment 8 provisions to permit municipalities greater 9 investment latitude to make foreign 10 investments; providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Section 175.071, Florida Statutes, is 15 amended to read: 16 175.071 General powers and duties of board of 17 trustees.--For any municipality, special fire control 18 district, chapter plan, local law municipality, local law 19 special fire control district, or local law plan under this 20 chapter: 21 (1) The board of trustees may: 22 (a) Invest and reinvest the assets of the 23 firefighters' pension trust fund in annuity and life insurance 24 contracts of life insurance companies in amounts sufficient to 25 provide, in whole or in part, the benefits to which all of the 26 participants in the firefighters' pension trust fund shall be 27 entitled under the provisions of this chapter and pay the 28 initial and subsequent premiums thereon. 29 (b) Invest and reinvest the assets of the 30 firefighters' pension trust fund in: 31 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3173 192-955-98 1 1. Time or savings accounts of a national bank, a 2 state bank insured by the Bank Insurance Fund Federal Deposit 3 Insurance Corporation, or a savings, building, and loan 4 association insured by the Savings Association Insurance Fund 5 which is administered by the Federal Deposit Insurance 6 Corporation Federal Savings and Loan Insurance Corporation. 7 2. Obligations of the United States or obligations 8 guaranteed as to principal and interest by the Government of 9 the United States. 10 3. Bonds issued by the State of Israel. 11 4. Bonds, stocks, or other evidences of indebtedness 12 issued or guaranteed by a corporation organized under the laws 13 of the United States, any state or organized territory of the 14 United States, or the District of Columbia, provided: 15 a. The corporation is listed on any one or more of the 16 recognized national stock exchanges and holds a rating in one 17 of the three highest classifications by a major rating 18 service; and 19 b. The board of trustees shall not invest more than 5 20 percent of its assets in the common stock or capital stock of 21 any one issuing company, nor shall the aggregate investment in 22 any one issuing company exceed 5 percent of the outstanding 23 capital stock of that company or the aggregate of its 24 investments under this subparagraph at cost exceed 50 30 25 percent of the assets of the fund. 26 27 This paragraph shall apply to all boards of trustees and 28 participants. However, in the event that a municipality or 29 special fire control district has a duly enacted pension plan 30 pursuant to, and in compliance with, s. 175.351, and the 31 trustees thereof desire to vary the investment procedures 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3173 192-955-98 1 herein, the trustees of such plan shall request a variance of 2 the investment procedures as outlined herein only through a 3 municipal ordinance, special act of the Legislature, or 4 resolution by the governing body of the special fire control 5 district; where a special act, or a municipality by ordinance 6 adopted prior to July 1, 1998 October 1, 1986, permits a 7 greater than 50-percent 30-percent equity investment, such 8 municipality shall not be required to comply with the 9 aggregate equity investment provisions of this paragraph. 10 Notwithstanding any other provision of law to the contrary, 11 nothing herein shall be construed to take away any preexisting 12 legal authority to make equity investments which exceed the 13 requirements of this paragraph. Investments shall not be made 14 in any stocks, bonds, or other securities owned or controlled 15 by a government other than that of the United States or the 16 several states. 17 (c) Invest up to 10 percent of plan assets in foreign 18 securities, subject to the following limitations: the board 19 of trustees must adhere to the investment limitations for the 20 funds enumerated in s. 215.47(1)-(9), except that the 21 authority of the State Board of Administration shall not 22 apply; and any investment will be permitted only after the 23 development of a new or amended total investment plan that 24 establishes the time horizon for the investment and its 25 relationship to the fiduciary responsibility the board has to 26 the plan members. 27 (d)(c) Issue drafts upon the firefighters' pension 28 trust fund pursuant to this act and rules and regulations 29 prescribed by the board of trustees. All such drafts shall be 30 consecutively numbered, be signed by the chair and secretary, 31 and state upon their faces the purpose for which the drafts 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3173 192-955-98 1 are drawn. The treasurer or depository of each municipality 2 or special fire control district shall retain such drafts when 3 paid, as permanent vouchers for disbursements made, and no 4 money shall be otherwise drawn from the fund. 5 (e)(d) Convert into cash any securities of the fund. 6 (f)(e) Keep a complete record of all receipts and 7 disbursements and of the board's acts and proceedings. 8 (2) Any and all acts and decisions shall be 9 effectuated by vote of a majority of the at least three 10 members of the board; however, no trustee shall take part in 11 any action in connection with the trustee's own participation 12 in the fund, and no unfair discrimination shall be shown to 13 any individual firefighter participating in the fund. 14 (3) The board's action on all claims for retirement 15 under this act shall be final, provided, however, that the 16 rules and regulations of the board have been complied with. 17 (4) The secretary of the board of trustees shall keep 18 a record of all persons receiving retirement payments under 19 the provisions of this chapter, in which shall be noted the 20 time when the pension is allowed and when the pension shall 21 cease to be paid. In this record, the secretary shall keep a 22 list of all firefighters employed by the municipality or 23 special fire control district. The record shall show the name, 24 address, and time of employment of each firefighter and when 25 he or she ceases to be employed by the municipality or special 26 fire control district. 27 (5)(4) The sole and exclusive administration of, and 28 the responsibilities for, the proper operation of the 29 firefighters' pension trust fund and for making effective the 30 provisions of this chapter are vested in the board of 31 trustees; however, nothing herein shall empower a board of 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3173 192-955-98 1 trustees to amend the provisions of a retirement plan without 2 the approval of the municipality or special fire control 3 district. The board of trustees shall keep in convenient form 4 such data as shall be necessary for an actuarial valuation of 5 the firefighters' pension trust fund and for checking the 6 actual experience of the fund. 7 (6)(a)(5) At least once every 3 years, the board of 8 trustees shall retain a professionally qualified an 9 independent consultant who shall professionally qualified to 10 evaluate the performance of any existing professional money 11 manager and managers. The independent consultant shall make 12 recommendations to the board of trustees regarding the 13 selection of money managers for the next investment term. 14 These recommendations shall be considered by the board of 15 trustees at its next regularly scheduled meeting. The date, 16 time, place, and subject of this meeting shall be advertised 17 in the same manner as for any meeting of the board a newspaper 18 of general circulation in the municipality or special fire 19 control district, as appropriate, at least 10 days prior to 20 the date of the hearing. 21 (b) For the purposes of this subsection, a 22 "professionally qualified independent consultant" means a 23 consultant who, based on education and experience, is 24 professionally qualified to evaluate the performance of 25 professional money managers, and who, at a minimum: 26 1. Provides his or her services on a flat-fee basis. 27 2. Is not associated in any manner with the money 28 manager for the pension fund. 29 3. Makes calculations according to the American 30 Banking Institute method of calculating time-weighted rates of 31 return. 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3173 192-955-98 1 4. Has 3 or more years of experience working in the 2 public sector. 3 (7) To assist the board in meeting its 4 responsibilities under this chapter, the board, if it so 5 elects, may: 6 (a) Employ independent legal counsel at the pension 7 fund's expense. 8 (b) Employ an independent actuary at the pension 9 fund's expense. 10 (c) Employ such independent professional, technical, 11 or other advisers as it deems necessary at the pension fund's 12 expense. 13 14 If the board chooses to use the municipality's or district's 15 legal counsel or actuary, or chooses to use any of the 16 municipality's or special district's other professional, 17 technical, or other advisers, it shall do so only under terms 18 and conditions acceptable to the board. 19 Section 2. Section 185.06, Florida Statutes, is 20 amended to read: 21 185.06 General powers and duties of board of 22 trustees.--For any municipality, chapter plan, local law 23 municipality, or local law plan under this chapter: 24 (1) The board of trustees may: 25 (a) Invest and reinvest the assets of the retirement 26 trust fund in annuity and life insurance contracts of life 27 insurance companies in amounts sufficient to provide, in whole 28 or in part, the benefits to which all of the participants in 29 the municipal police officers' retirement trust fund shall be 30 entitled under the provisions of this chapter, and pay the 31 initial and subsequent premiums thereon. 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3173 192-955-98 1 (b) Invest and reinvest the assets of the retirement 2 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 and loan association 6 insured by the Savings Association Insurance Fund which is 7 administered by the Federal Deposit Insurance Corporation 8 Federal Savings and Loan Insurance Corporation. 9 2. Obligations of the United States or obligations 10 guaranteed as to principal and interest by the United States. 11 3. Bonds issued by the State of Israel. 12 4. Bonds, stocks, or other evidences of indebtedness 13 issued or guaranteed by a corporation organized under the laws 14 of the United States, any state or organized territory of the 15 United States, or the District of Columbia, provided: 16 a. The corporation is listed on any one or more of the 17 recognized national stock exchanges and holds a rating in one 18 of the three highest classifications by a major rating 19 service; and 20 b. The board of trustees shall not invest more than 5 21 percent of its assets in the common stock or capital stock of 22 any one issuing company, nor shall the aggregate investment in 23 any one issuing company exceed 5 percent of the outstanding 24 capital stock of the company or the aggregate of its 25 investments under this subparagraph at cost exceed 30 percent 26 of the fund's assets. 27 28 This paragraph shall apply to all boards of trustees and 29 participants. However, in the event that a municipality has a 30 duly enacted pension plan pursuant to, and in compliance with, 31 s. 185.35 and the trustees thereof desire to vary the 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3173 192-955-98 1 investment procedures herein, the trustees of such plan shall 2 request a variance of the investment procedures as outlined 3 herein only through a municipal ordinance or special act of 4 the Legislature; where a special act, or a municipality by 5 ordinance adopted prior to July 1, 1998 October 1, 1986, 6 permits a greater than 50-percent 30-percent equity 7 investment, such municipality shall not be required to comply 8 with the aggregate equity investment provisions of this 9 paragraph. Notwithstanding any other provision of law to the 10 contrary, nothing herein shall be construed to take away any 11 preexisting legal authority to make equity investments which 12 exceed the requirements of this paragraph. Investments shall 13 not be made in any stocks, bonds, or other securities owned or 14 controlled by a government other than that of the United 15 States or of the several states. 16 (c) Invest up to 10 percent of plan assets in foreign 17 securities, subject to the following limitations: the board 18 of trustees must adhere to the investment limitations for the 19 funds enumerated in s. 215.47(1)-(9), except that the 20 authority of the State Board of Administration shall not 21 apply; and any investment will be permitted only after the 22 development of a new or amended total investment plan that 23 establishes the time horizon for the investment and its 24 relationship to the fiduciary responsibility the board has to 25 the plan members. 26 (d)(c) Issue drafts upon the municipal police 27 officers' retirement trust fund pursuant to this act and rules 28 and regulations prescribed by the board of trustees. All such 29 drafts shall be consecutively numbered, be signed by the chair 30 and secretary, and state upon their faces the purposes for 31 which the drafts are drawn. The city treasurer or other 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3173 192-955-98 1 depository shall retain such drafts when paid, as permanent 2 vouchers for disbursements made, and no money shall otherwise 3 be drawn from the fund. 4 (e)(d) Finally decide all claims to relief under the 5 board's rules and regulations and pursuant to the provisions 6 of this act. 7 (f)(e) Convert into cash any securities of the fund. 8 (g)(f) Keep a complete record of all receipts and 9 disbursements and of the board's acts and proceedings. 10 (2) Any and all acts and decisions shall be 11 effectuated by vote of a majority of the at least three 12 members of the board; however, no trustee shall take part in 13 any action in connection with his or her own participation in 14 the fund, and no unfair discrimination shall be shown to any 15 individual employee participating in the fund. 16 (3) The secretary of the board of trustees shall keep 17 a record of all persons receiving retirement payments under 18 the provisions of this chapter, in which shall be noted the 19 time the pension is allowed and when the pension shall cease 20 to be paid. In this record, the secretary shall keep a list of 21 all police officers employed by the municipality. The record 22 shall show the name, address, and time of employment of each 23 police officer and when he or she ceases to be employed by the 24 municipality. 25 (4)(3) The sole and exclusive administration of, and 26 the responsibilities for, the proper operation of the 27 retirement trust fund and for making effective the provisions 28 of this chapter are vested in the board of trustees; however, 29 nothing herein shall empower a board of trustees to amend the 30 provisions of a retirement plan without the approval of the 31 municipality. The board of trustees shall keep in convenient 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3173 192-955-98 1 form such data as shall be necessary for an actuarial 2 valuation of the retirement trust fund and for checking the 3 actual experience of the fund. 4 (5)(a)(4) At least once every 3 years, the board of 5 trustees shall retain a professionally qualified an 6 independent consultant who shall professionally qualified to 7 evaluate the performance of any existing professional money 8 manager and managers. The independent consultant shall make 9 recommendations to the board of trustees regarding the 10 selection of money managers for the next investment term. 11 These recommendations shall be considered by the board of 12 trustees at its next regularly scheduled meeting. The date, 13 time, place, and subject of this meeting shall be advertised 14 in the same manner as for any meeting of the board a newspaper 15 of general circulation in the municipality at least 10 days 16 prior to the date of the hearing. 17 (b) For the purposes of this subsection, a 18 "professionally qualified independent consultant" means a 19 consultant who, based on education and experience, is 20 professionally qualified to evaluate the performance of 21 professional money managers, and who, at a minium: 22 1. Provides his or her services on a flat-fee basis. 23 2. Is not associated in any manner with the money 24 manager for the pension fund. 25 3. Makes calculations according to the American 26 Banking Institute method of calculating time-weighted rates of 27 return. 28 4. Has 3 or more years of experience working in the 29 public sector. 30 31 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3173 192-955-98 1 (6) To assist the board in meeting its 2 responsibilities under this chapter, the board, if it so 3 elects, may: 4 (a) Employ independent legal counsel at the pension 5 fund's expense. 6 (b) Employ an independent actuary at the pension 7 fund's expense. 8 (c) Employ such independent professional, technical, 9 or other advisers as it deems necessary at the pension fund's 10 expense. 11 12 If the board chooses to use the municipality's or special 13 district's legal counsel or actuary, or chooses to use any of 14 the municipality's other professional, technical, or other 15 advisers, it shall do so only under terms and conditions 16 acceptable to the board. 17 Section 3. This act shall take effect October 1, 1998. 18 19 ***************************************** 20 HOUSE SUMMARY 21 Revises provisions of law with respect to municipal 22 firefighters' pension trust funds and municipal police officers' pension trust funds to permit municipalities 23 greater investment latitude to make foreign investments. Revises the general powers and duties of the board of 24 trustees. See bill for details. 25 26 27 28 29 30 31 11