House Bill 0561

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    Florida House of Representatives - 1997                 HB 561

        By Representative K. Pruitt






  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 standards for the operation and

  9  funding of such municipal and special district firefighters'

10  pension trust fund systems and plans, hereinafter referred to

11  as firefighters' pension trust funds. The minimum benefits and

12  standards set forth in this chapter may not be diminished by

13  local charter, ordinance, or resolution or by special act of

14  the Legislature, nor may the benefits or standards be reduced

15  or offset by any other local, state, or federal law that may

16  include firefighters in its operation, except as provided

17  under s. 112.65.

18         Section 2.  Section 175.032, Florida Statutes, is

19  amended to read:

20         (Substantial rewording of section.  See

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

22         175.032  Definitions.--For any municipality, special

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

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

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

26  following meanings:

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

28  firefighter means one-twelfth of the average annual

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

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

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

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  1  1953, whichever is greater. A year shall be 12 consecutive

  2  months.

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

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

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

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

  7  volunteer firefighter or the career average of a volunteer

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

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

10  pension plan for firefighters which incorporates by reference

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

12  governing body of a municipality or special district.  Except

13  as may be specifically authorized in this chapter, provisions

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

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

16  valuations of chapter plans shall be conducted by the division

17  as provided by s. 175.261(1).

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

19  remuneration paid a firefighter; when, as in the case of a

20  volunteer firefighter, remuneration is based on actual

21  services rendered, the term means the total cash remuneration

22  received yearly for such services, prorated on a monthly

23  basis.

24         (a)  The member's compensation or salary contributed as

25  employee-elective salary reductions or deferrals to any salary

26  reduction, deferred compensation, or tax-sheltered annuity

27  program authorized under the Internal Revenue Code shall be

28  deemed to be the compensation or salary the member would

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

30  and shall be treated as compensation for retirement purposes

31  under this chapter.

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  1         (b)  For any person who first becomes a member in any

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

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

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

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

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

  7  federal law for qualified government plans and shall be

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

  9  manner provided by Internal Revenue Code Section

10  401(a)(17)(B).  For any person who first became a member prior

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

12  the limitation on compensation shall be not less than the

13  maximum compensation amount that was allowed to be taken into

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

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

16  since 1989 in the manner provided by Internal Revenue Code

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

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

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

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

21  years and fractional parts of years when such firefighter may

22  not have been employed by the municipality or special fire

23  control district, subject to the following conditions:

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

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

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

27  or fractional parts of years of service, unless the

28  firefighter repays into the fund the contributions he or she

29  has withdrawn, with interest, within 90 days after his or her

30  reemployment.

31

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

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

  3  leaving the employ of the fire department, pending the

  4  possibility of being rehired by the same department, without

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

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

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

  8  her contributions shall be returned without interest.

  9         (c)  Credited service under this chapter shall be

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

11  175.032(7), or for military service and shall not include

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

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

14  resolution, provide for the purchase of military service prior

15  to employment as well as prior service as a firefighter for

16  some other employer as long as a firefighter is not already

17  receiving a benefit for such other service.

18         (d)  In determining the creditable service of any

19  firefighter, credit for up to 4 years of the time spent in the

20  military service of the Armed Forces of the United States

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

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

23  employer immediately prior to such service and leaves a

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

25  voluntary or involuntary service in the Armed Forces of the

26  United States.

27         2.  The firefighter is entitled to reemployment under

28  the provisions of the Uniformed Services Employment and

29  Reemployment Rights Act.

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

31  a firefighter of the municipality or special fire control

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

  2  active service.

  3         (5)  "Division" means the Division of Retirement of the

  4  Department of Management Services.

  5         (6)  "Enrolled actuary" means an actuary who is

  6  enrolled under Subtitle C of Title III of the Employee

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

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

  9         (7)(a)  "Firefighter" means any person employed solely

10  in a constituted fire department of any municipality or

11  special fire control district who is certified as a

12  firefighter as a condition of employment in accordance with

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

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

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

16  public safety officers who are responsible for performing both

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

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

19  the Insurance Commissioner and Treasurer as participating in

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

21  1979, public safety officers who have not been certified as

22  participating in this chapter shall be considered police

23  officers for retirement purposes and shall be eligible to

24  participate in chapter 185.

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

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

27  volunteer fire department or a combination of a paid and

28  volunteer fire department of any municipality or special fire

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

30  protect life, and to protect property.  Compensation for

31  services rendered by a volunteer firefighter shall not

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

  2  disqualified as a volunteer firefighter solely because he or

  3  she has other gainful employment.  Any person who volunteers

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

  5  department described herein is not a volunteer firefighter

  6  within the meaning of this paragraph.

  7         (8)  "Firefighter's Pension Trust Fund" means a trust

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

  9  for the purpose of assisting municipalities and special fire

10  control districts in establishing and maintaining a retirement

11  plan for firefighters.

12         (9)  "Local law municipality" is any municipality in

13  which there exists a local law plan.

14         (10)  "Local law plan" means a defined benefit pension

15  plan for firefighters, or for firefighters or police officers

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

17  municipal ordinance, special district resolution, or special

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

19  provisions.  Local law plan provisions may vary from the

20  provisions of this chapter, provided that required minimum

21  benefits and standards are met.  Any such variance shall

22  provide a greater benefit for firefighters.  Actuarial

23  valuations of local law plans shall be conducted by an

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

25         (11)  "Local law special fire control district" is any

26  special fire control district in which there exists a local

27  law plan.

28         (12)  "Property insurance" means property insurance as

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

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

31  boundaries of any special fire control district, within the

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

  2  that includes both property and casualty coverage for a single

  3  premium.

  4         (13)  "Special fire control district" means a special

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

  6  purposes of extinguishing fires, protecting life, and

  7  protecting property within the incorporated or unincorporated

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

  9  any combination of incorporated and unincorporated portions of

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

11  include any dependent or independent special district, as

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

13  of which are members of the Florida Retirement System pursuant

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

15         (14)  "Supplemental plan" means a plan to which

16  deposits are made to provide extra benefits to firefighters,

17  or for firefighters and police officers where included under

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

19  and exists in conjunction with a defined benefit plan that

20  meets the minimum standards and benefits of this chapter.

21         Section 3.  Section 175.041, Florida Statutes, is

22  amended to read:

23         175.041  Firefighters' Pension Trust Fund created;

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

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

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

27  under this chapter:

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

29  special fund exclusively for the purpose of this chapter,

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

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

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

  2  fire control district of this state heretofore or hereafter

  3  created which now has or which may hereafter have a

  4  constituted fire department or an authorized volunteer fire

  5  department, or any combination thereof, and which municipality

  6  or special fire control district does not presently have

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

  8  fund.

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

10  department or combination thereof under the provisions of this

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

12  fighting of fires that is in compliance with National Fire

13  Protection Association Standards for Automotive Fire

14  Apparatus.

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

16  municipalities organized and established pursuant to the laws

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

18  provisions shall not apply to the unincorporated areas of any

19  county or counties except with respect to special fire control

20  districts that include unincorporated areas, nor shall the

21  provisions hereof apply to any governmental entity employing

22  firefighters who whose employees participate in the Florida

23  Retirement System, unless such firefighters were members of

24  the Florida Retirement System prior to establishment of a

25  pension plan under this chapter and simply maintained that

26  membership.  Special fire control districts that include, or

27  consist exclusively of, unincorporated areas of one or more

28  counties may levy and impose the tax and participate in the

29  retirement programs enabled by this chapter.

30         (4)  No municipality shall establish more than one

31  retirement plan for public safety officers which is supported

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

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

  3  municipality establish a retirement plan for public safety

  4  officers which receives premium tax funds from both this

  5  chapter and chapter 185.

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

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

  8  nondiscriminatory basis.

  9         Section 4.  Section 175.051, Florida Statutes, is

10  amended to read:

11         175.051  Actuarial deficits not state obligation.--For

12  any 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, actuarial

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

16  the obligation of the state.

17         Section 5.  Section 175.061, Florida Statutes, is

18  amended to read:

19         175.061  Board of trustees; members, terms of office;

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

21  municipality, special fire control district, chapter plan,

22  local law municipality, local law special fire control

23  district, or local law plan under this chapter:

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

25  control district there is hereby created a board of trustees

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

27  responsible for administering the trust fund.  Effective July

28  1, 1997 October 1, 1986, and thereafter:,

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

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

31  unless otherwise prohibited by law, shall be legal residents

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  1  of the municipality or special fire control district, who

  2  shall be appointed by the governing body of the municipality

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

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

  5  elected by a majority of the active firefighters who are

  6  members of such plan. With respect to any plan that, on

  7  January 1, 1997, allowed retired firefighters to vote in such

  8  elections, retirees may continue to vote in such elections.

  9  The fifth member shall be chosen by a majority of the previous

10  four members as provided for herein, and such person's name

11  shall be submitted to the governing body of the municipality

12  or special fire control district.  Upon receipt of the fifth

13  person's name, the governing body of the municipality or

14  special fire control district shall, as a ministerial duty,

15  appoint such person to the board of trustees as its fifth

16  member. The fifth member shall have the same rights as each of

17  the other four members appointed or elected as herein

18  provided, shall serve as trustee for a period of 2 years, and

19  may succeed himself or herself in office.  Each resident

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

21  sooner replaced by the governing body at whose pleasure he or

22  she shall serve, and may succeed himself or herself as a

23  trustee. Each firefighter member shall serve as trustee for a

24  period of 2 years, unless he or she sooner leaves the

25  employment of the municipality or special fire control

26  district as a firefighter, whereupon a successor shall be

27  chosen in the same manner as an original appointment.  Each

28  firefighter may succeed himself or herself in office.

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

30  plans shall be as follows:

31

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  1         1.  If a municipality or special fire control district

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

  3  paragraph (a) shall apply.

  4         2.  If a municipality has a pension plan for

  5  firefighters and police officers, the provisions of paragraph

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

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

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

  9  respectively elected by a majority of the active firefighters

10  or police officers who are members of the plan.

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

12  July 1, 1997, which is combined with a plan for general

13  employees shall hold an election of the firefighters, or

14  firefighters and police officers, if included, to determine

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

16  for firefighters and police officers, where included.  Based

17  on the election results, a new board shall be established as

18  provided in subparagraph 1. or 2., as appropriate.  The newly

19  established board shall take whatever action is necessary to

20  determine the amount of assets which is attributable to

21  firefighters, or firefighters and police officers, where

22  included.  Such assets shall include all employer, employee,

23  and state contributions made by or on behalf of firefighters,

24  or firefighters and police officers, where included, and any

25  investment income derived from such contributions.  All such

26  moneys shall be transferred into the newly established

27  retirement plan, as directed by the board.

28

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

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

31  the reduction of the membership percentage of firefighters, or

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  1  firefighters and police officers, where a joint or mixed fund

  2  exists. The board of trustees shall meet at least quarterly

  3  each year.  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         (2)  The trustees shall by a majority vote elect from

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

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

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

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

12  per diem as provided by Florida law.

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

14  quarterly each year.

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

16  with, in addition to other powers and responsibilities

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

18  every kind, nature, and description.

19         (5)  In any judicial proceeding or administrative

20  proceeding under chapter 120 brought under or pursuant to the

21  provisions of this chapter, the prevailing party shall be

22  entitled to recover the costs thereof, together with

23  reasonable attorney's fees.

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

25  by a participating municipality or special fire control

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

27  chapter.

28         Section 6.  Section 175.071, Florida Statutes, is

29  amended to read:

30         175.071  General powers and duties of board of

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

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  1  district, chapter plan, local law municipality, local law

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

  3  chapter:

  4         (1)  The board of trustees may:

  5         (a)  Invest and reinvest the assets of the

  6  firefighters' pension trust fund in annuity and life insurance

  7  contracts of life insurance companies in amounts sufficient to

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

  9  participants in the firefighters' pension trust fund shall be

10  entitled under the provisions of this chapter and pay the

11  initial and subsequent premiums thereon.

12         (b)  Invest and reinvest the assets of the

13  firefighters' pension trust fund in:

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

15  state bank insured by the Bank Insurance Fund Federal Deposit

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

17  association insured by the Savings Association Insurance Fund

18  which are administered by the Federal Deposit Insurance

19  Corporation Federal Savings and Loan Insurance Corporation.

20         2.  Obligations of the United States or obligations

21  guaranteed as to principal and interest by the Government of

22  the United States.

23         3.  Bonds issued by the State of Israel.

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

25  issued or guaranteed by a corporation organized under the laws

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

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

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

29  recognized national stock exchanges and holds a rating in one

30  of the three highest classifications by a major rating

31  service; and

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

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

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

  4  any one issuing company exceed 5 percent of the outstanding

  5  capital stock of that company or the aggregate of its

  6  investments under this subparagraph at cost exceed 50 30

  7  percent of the assets of the fund.

  8

  9  This paragraph shall apply to all boards of trustees and

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

11  special fire control district has a duly enacted pension plan

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

13  trustees thereof desire to vary the investment procedures

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

15  the investment procedures as outlined herein only through a

16  municipal ordinance, special act of the Legislature, or

17  resolution by the governing body of the special fire control

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

19  adopted prior to July 1, 1997 October 1, 1986, permits a

20  greater than 50-percent 30-percent equity investment, such

21  municipality shall not be required to comply with the

22  aggregate equity investment provisions of this paragraph. Up

23  to 10 percent of the plan's assets may be invested in foreign

24  investments without restrictions. The money manager must, on a

25  quarterly basis, disclose the ratings of these investments to

26  the Board of Trustees. Investments shall not be made in any

27  stocks, bonds, or other securities owned or controlled by a

28  government other than that of the United States or the several

29  states.

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

31  fund pursuant to this act and rules and regulations prescribed

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

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

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

  4  are drawn.  The treasurer or depository of each municipality

  5  or special fire control district shall retain such drafts when

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

  7  money shall be otherwise drawn from the fund.

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

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

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

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

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

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

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

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

16  any individual firefighter participating in the fund.

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

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

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

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

21  a record of all persons receiving retirement payments under

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

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

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

25  list of all firefighters employed by the municipality or

26  special fire control district.  The record shall show the

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

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

29  fire control district.

30         (5)(4)  The sole and exclusive administration of, and

31  the responsibilities for, the proper operation of the

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  1  firefighters' pension trust fund and for making effective the

  2  provisions of this chapter are vested in the board of

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

  4  trustees to amend the provisions of a retirement plan without

  5  the approval of the municipality or special fire control

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

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

  8  the firefighters' pension trust fund and for checking the

  9  actual experience of the fund.

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

11  trustees shall retain a professionally qualified an

12  independent consultant who shall professionally qualified to

13  evaluate the performance of any existing professional money

14  manager and managers.  The independent consultant shall make

15  recommendations to the board of trustees regarding the

16  selection of money managers for the next investment term.

17  These recommendations shall be considered by the board of

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

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

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

21  of general circulation in the municipality or special fire

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

23  the date of the hearing.

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

25  qualified independent consultant" means a consultant who,

26  based on education and experience, is professionally qualified

27  to evaluate the performance of professional money managers,

28  and who, at a minimum:

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

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

31  manager for the pension fund.

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  1         3.  Makes calculations according to the American

  2  Banking Institute method of calculating time-weighted rates of

  3  return.

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

  5  public sector.

  6         (7)  To assist the board in meeting its

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

  8  elects, may:

  9         (a)  Employ independent legal counsel at the pension

10  fund's expense.

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

12  175.032(6), at the pension fund's expense.

13         (c)  Employ such independent professional, technical,

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

15  expense.

16

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

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

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

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

21  acceptable to the board.

22         Section 7.  Section 175.081, Florida Statutes, is

23  amended to read:

24         175.081  Use of annuity or insurance policies.--When

25  the board of trustees of any municipality, special fire

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

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

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

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

30  following principles shall be observed:

31

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

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

  3  participate in the insured plan.

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

  5  group insurance plan is not feasible.

  6         (3)  Each application and policy shall designate the

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

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

  9  basis.

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

11  premium paid provides each individual with the maximum

12  retirement benefit at his or her earliest statutory normal

13  retirement age.

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

15         (a)  One hundred times the estimated normal retirement

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

17  compensation continues without change to normal retirement

18  date, or

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

20  date of termination of service, or

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

22  retirement income (beginning at normal retirement date) at

23  date of termination of service, whichever is greatest.

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

25  of insurance contract to separating firefighters shall be at

26  least equivalent to the return of the firefighters'

27  contributions used to purchase the contract. An assignment of

28  contract discharges the municipality or special fire control

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

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

31  contract may be less than the firefighters' contributions.

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

  2  separate policies or otherwise, that the separating

  3  firefighter does not receive cash value and other benefits

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

  5  present value of his or her vested interest under the

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

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

  8  not be exhausted faster merely because the method of funding

  9  adopted was through insurance companies.

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

11  to give the board of trustees written instructions designating

12  the primary and contingent beneficiaries to receive death

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

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

15  designation or method of settlement previously made, subject

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

17  Upon receipt of such written instructions, the board of

18  trustees shall take necessary steps to effectuate the

19  designation or change of beneficiary or settlement option.

20         Section 8.  Section 175.091, Florida Statutes, is

21  amended to read:

22         175.091  Creation and maintenance of fund.--For any

23  municipality, special fire control district, chapter plan,

24  local law municipality, local law special fire control

25  district, or local law plan under this chapter:

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

27  municipality and in each special fire control district shall

28  be created and maintained in the following manner:

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

30  1.85-percent excise or other similar tax which may be imposed

31  by the municipality or special fire control district upon fire

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  1  insurance companies, fire insurance associations, or other

  2  property insurers on their gross receipts on premiums from

  3  holders of policies, which policies cover real or personal

  4  property within the corporate limits of such municipality, in

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

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

  7  fire control district.  Whenever a municipality maintains a

  8  firefighters' pension trust fund under the provisions of this

  9  chapter but is partially contained within the boundaries of a

10  special fire control district, that portion of the

11  1.85-percent excise, license, or other similar tax which is

12  collected for insurance policies covering property within the

13  jurisdiction of both the municipality and the special fire

14  control district shall be given to the firefighters' pension

15  trust fund of the fire service provider.  Remaining revenues

16  collected pursuant to this chapter shall be distributed to the

17  municipality or special fire control district according to the

18  location of the insured property.

19         (b)  Except as reduced or increased contributions are

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

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

22  member or duly enrolled in the fire department of any

23  municipality or special fire control district, which 5 percent

24  shall be deducted by the municipality or special fire control

25  district from the compensation due to the firefighter and paid

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

27  trust fund wherein such firefighter is employed.  A

28  firefighter participating in the old age survivors insurance

29  of the federal Social Security Law may limit his contribution

30  to the firefighters' pension trust fund to 3 percent of his

31  annual compensation and receive reduced benefits as set forth

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  1  in ss. 175.191(5) and 175.211.  No firefighter shall have any

  2  right to the money so paid into the fund except as provided in

  3  this chapter.

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

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

  6  regulation promulgated by the board of trustees.

  7         (d)  By mandatory payment by the municipality or

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

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

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

11  a triennial quinquennial actuarial valuation as provided in

12  part VII of chapter 112.  The first such actuarial valuation

13  shall be conducted for the calendar year ending December 31,

14  1967.

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

16  to the fund.

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

18  or dividends on bank deposits, or otherwise.

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

20  authorized by law for the augmentation of such firefighters'

21  pension trust fund.

22         (2)  Member contribution rates may be adjusted as

23  follows:

24         (a)  The employing municipality or special fire control

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

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

27  may a municipality or special fire control district reduce the

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

29  salary.

30

31

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  1         (b)  Member contributions may be increased by majority

  2  consent of the members of the fund to provide greater

  3  benefits.

  4

  5  Nothing in this section shall be construed to require

  6  adjustment of member contribution rates in effect on the date

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

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

  9  percent of salary.

10         Section 9.  Section 175.101, Florida Statutes, is

11  amended to read:

12         175.101  State excise tax on property insurance

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

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

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

16  under this chapter:

17         (1)  Each municipality or special fire control district

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

19  lawfully established firefighters' pension trust fund or

20  municipal fund or special fire control district fund, by

21  whatever name known, providing pension benefits to

22  firefighters as provided under this chapter by whatever name

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

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

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

26  of property insurance as shown by the records of the

27  Department of Insurance an excise tax in addition to any

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

29  municipalities or special fire control districts,

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

31  receipts of premiums from policyholders on all premiums

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  1  collected on property insurance policies covering property

  2  within the corporate limits of such municipalities or within

  3  the legally defined boundaries of special fire control

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

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

  6  Whenever the boundaries of a special fire control district

  7  that has lawfully established a firefighters' pension trust

  8  fund encompass a portion of the corporate territory of a

  9  municipality that has also lawfully established a

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

11  receipts attributable to insurance policies covering property

12  situated both within the municipality and the special fire

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

14  The agent shall identify the fire service provider on the

15  property owner's application for insurance.  Remaining

16  revenues collected pursuant to this chapter shall be

17  distributed to the municipality or special fire control

18  district according to the location of the insured property.

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

20  single premium for both the property and casualty coverages in

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

22  basis for the 1.85-percent tax.

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

24  1 of each year after the passage of an ordinance, in the case

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

26  fire control district, assessing and imposing the tax

27  authorized by this section.  Installments of taxes shall be

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

29  (c).

30         Section 10.  Section 175.111, Florida Statutes, is

31  amended to read:

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  1         175.111  Certified copy of ordinance or resolution

  2  filed; insurance companies' annual report of premiums;

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

  4  special fire control district, chapter plan, local law

  5  municipality, local law special fire control district, or

  6  local law plan under this chapter, whenever any municipality

  7  passes an ordinance, or whenever any special fire control

  8  district passes a resolution establishing a chapter plan or

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

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

11  shall be deposited with the division. Thereafter every

12  insurance company, association, corporation, or other insurer

13  carrying on the business of property insurance on real or

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

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

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

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

18  by such insurer received for property insurance policies

19  covering or insuring any real or personal property located

20  within the corporate limits of each such municipality or

21  special fire control district during the period of time

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

23  resolution and the end of the calendar year succeeding March

24  1.  The report shall include the code designation as

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

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

27  municipality and within the legally defined boundaries of each

28  special fire control district.  The aforesaid insurer shall

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

30  the Department of Revenue a similar report covering the

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

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

  2  Department of Revenue the amount of the tax hereinbefore

  3  mentioned.  Every insurer engaged in carrying on such

  4  insurance business in the state shall keep accurate books of

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

  6  limits of each such municipality and within the legally

  7  defined boundaries of each such special fire control district,

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

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

10  receipts, the division shall prepare a consolidated premium

11  report and shall furnish to any municipality or special fire

12  control district requesting the same a copy of the relevant

13  section of that report.

14         Section 11.  Section 175.121, Florida Statutes, is

15  amended to read:

16         175.121  Department of Revenue and Division of

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

18  any municipality or special fire control district having a

19  chapter or local law plan established pursuant to this

20  chapter:

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

22  account of all moneys collected for each municipality and each

23  special fire control district under the provisions of this

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

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

26  separately accounted for by the division. The moneys budgeted

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

28  oversight and monitoring of the firefighters' pension plans

29  under this chapter and for the oversight and actuarial reviews

30  conducted under part VII of chapter 112 are annually

31  appropriated from the interest and investment income earned on

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  1  the moneys collected for each municipality or special fire

  2  control district and deposited in the Police and Firefighters'

  3  Premium Tax Trust Fund.  Interest and investment income

  4  remaining thereafter in the trust fund which is unexpended and

  5  otherwise unallocated by law shall revert to the General

  6  Revenue Fund on June 30 of each year.

  7         (2)  The Comptroller shall, on or before June 1 of each

  8  year, and at such other times as authorized by the division,

  9  draw his or her warrants on the full net amount of money then

10  on deposit in the Police and Firefighters' Premium Tax Trust

11  Fund pursuant to this chapter, specifying the municipalities

12  and special fire control districts to which the moneys must be

13  paid and the net amount collected for and to be paid to each

14  municipality or special fire control district, respectively,

15  subject to the limitation on disbursement under s. 175.122.

16  The sum payable to each municipality or special fire control

17  district is appropriated annually out of the Police and

18  Firefighters' Premium Tax Trust Fund. The warrants of the

19  Comptroller shall be payable to the respective municipalities

20  and special fire control districts entitled to receive them

21  and shall be remitted annually by the division to the

22  respective municipalities and special fire control districts.

23  In order for a municipality or special fire control district

24  and its pension fund to participate in the distribution of

25  premium tax moneys under this chapter, all the provisions

26  shall be complied with annually, including state acceptance

27  pursuant to part VII of chapter 112.

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

29  and special fire control districts under this section as a

30  result of the limitation on disbursement contained in s.

31  175.122, or as a result of any municipality or special fire

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

  2  portion thereof, shall be transferred to the Firefighters'

  3  Supplemental Compensation Trust Fund administered by the

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

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

  6  needed to support the supplemental compensation program in a

  7  given year shall be redistributed pro rata to those

  8  participating municipalities and special fire control

  9  districts that transfer any portion of their funds to support

10  the supplemental compensation program in that year.  Such

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

12  the retirement plan.

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

14  shall identify those municipalities and special fire control

15  districts that are eligible for redistribution as provided in

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

17  fire control districts from which funds were transferred under

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

19         Section 12.  Section 175.122, Florida Statutes, is

20  amended to read:

21         175.122  Limitation of disbursement.--For any

22  municipality, special fire control district, chapter plan,

23  local law municipality, local law special fire control

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

25  municipality or special fire control district participating in

26  the firefighters' pension trust fund pursuant to the

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

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

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

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

31  municipality or special fire control district receiving less

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

  2  shall be entitled to receive from such fund the amount

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

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

  5  payroll. Payroll amounts of members included in the Florida

  6  Retirement System shall not be included.

  7         Section 13.  Section 175.131, Florida Statutes, is

  8  amended to read:

  9         175.131  Funds received by municipality or special fire

10  control district; deposit in firefighters' pension trust

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

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

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

14  state and other funds received by any municipality or special

15  fire control district under the provisions of this chapter

16  shall be deposited by such municipality or special fire

17  control district immediately, and under no circumstances more

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

19  Employee contributions, however, which are withheld by the

20  employer on behalf of an employee member shall be deposited

21  immediately after each pay period with the board of trustees

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

23  Employer contributions shall be deposited at least quarterly.

24         Section 14.  Section 175.141, Florida Statutes, is

25  amended to read:

26         175.141  Payment of excise tax credit on similar state

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

28  imposed by each municipality and each special fire control

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

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

31  the payor of the tax hereby authorized shall receive credit

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

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

  3  to the Department of Revenue Insurance Commissioner and

  4  Treasurer as is now provided by law.

  5         Section 15.  Section 175.151, Florida Statutes, is

  6  amended to read:

  7         175.151  Penalty for failure of insurers to comply with

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

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

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

11  certificate of authority issued to said insurance company,

12  corporation or other insurer to transact business in this

13  state may be canceled and revoked by the Department of

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

15  corporation, or other insurer to transact business thereafter

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

17  other insurer shall be granted a new certificate of authority

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

19  provisions of law authorizing such certificate of authority to

20  be issued. The division is responsible for notifying the

21  Department of Insurance regarding any such failure to comply.

22         Section 16.  Section 175.152, Florida Statutes, is

23  repealed.

24         Section 17.  Section 175.162, Florida Statutes, is

25  amended to read:

26         175.162  Requirements for retirement.--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, any

30  firefighter who completes 10 or more years of creditable

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

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  1  years of creditable service as a firefighter and attains age

  2  52, and who for such minimum period has been a member of the

  3  firefighters' pension trust fund operating under a chapter

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

  5  benefits. Normal retirement under the plan is retirement from

  6  the service of the municipality or special fire control

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

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

  9  following provisions of this section:

10         (1)  The normal retirement date of each firefighter

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

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

13  years of creditable service and attained age 55 or completed

14  25 years of creditable service and attained age 52.

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

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

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

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

19  percent of his or her average final compensation as a

20  full-time firefighter.  The retirement income may shall be

21  reduced for moneys received under the disability provisions of

22  this chapter.  However, if current state contributions

23  pursuant to this chapter are not adequate to fund the

24  additional benefits to meet the minimum requirements in this

25  chapter, only such incremental increases shall be required as

26  state moneys are adequate to provide.  Such increments shall

27  be provided as state moneys become available.

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

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

30  normal retirement date shall equal the greater of:

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

12  Pursuant to a local ordinance or resolution adopted by the

13  governing body of the municipality or special fire control

14  district, any plan may provide a benefit accrual rate that is

15  higher than the minimum 2 percent credit for each year of

16  service required under this chapter.

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

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

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

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

21  coincident with or next following his or her actual

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

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

24  the event the firefighter dies after retirement but before he

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

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

27  beneficiary (or beneficiaries) as designated by the

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

29  firefighter continues in the service of the municipality or

30  special fire control district beyond his or her normal

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

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

  2  being in effect, monthly retirement income payments will be

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

  4  beneficiaries) designated by the firefighter as if the

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

  6  occurred.

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

  8  the service of the municipality or special fire control

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

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

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

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

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

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

15  of retirement income shall be governed as follows:  The

16  monthly amount of retirement income payable to a firefighter

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

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

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

20  or her date of actual retirement and final monthly

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

22  to be actuarially reduced to take into account the

23  firefighter's younger age and the earlier commencement of

24  retirement income benefits.  The amount of monthly income

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

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

27  retirement reduction exceed 3 percent for each year by which

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

29  retirement age.

30         Section 18.  Section 175.171, Florida Statutes, is

31  amended to read:

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  1         175.171  Optional forms of retirement income.--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:

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

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

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

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

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

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

11  commencement of retirement income or if such request is made

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

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

14  may elect to receive a retirement income or benefit of

15  equivalent actuarial value payable in accordance with one of

16  the following options:

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

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

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

20  payable to the firefighter during the joint lifetime of the

21  firefighter and a dependent joint pensioner designated by the

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

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

24  monthly amounts payable to the survivor for the lifetime of

25  the survivor.

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

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

28  best meet the circumstances of the retiring firefighter.

29         1.  The firefighter upon electing any option of this

30  section will designate the joint pensioner or beneficiary (or

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

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

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

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

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

  5  name a joint pensioner or one or more primary beneficiaries

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

  7  a joint pensioner or beneficiary and his or her retirement

  8  income benefits have commenced, the firefighter may thereafter

  9  change the designated joint pensioner or beneficiary, but only

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

11  joint pensioner last previously designated by the firefighter

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

13  a request for such change.

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

15  beneficiary to any such change shall not be required.

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

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

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

19  payable to the firefighter upon designation of a new joint

20  pensioner shall be actuarially redetermined taking into

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

22  joint pensioner, and the firefighter.  Each such designation

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

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

25  trustees.  In the event that no designated beneficiary

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

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

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

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

30  option elected in accordance with the provisions of this

31  section and shall be subject to the following limitations:

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

  2  retirement date or early retirement date, whichever first

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

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

  5  under s. 175.201.

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

  7  or joint pensioner dies before the firefighter's retirement

  8  under the plan, the option elected will be canceled

  9  automatically and a retirement income of the normal form and

10  amount will be payable to the firefighter upon retirement as

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

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

13  new beneficiary is designated by the firefighter prior to

14  retirement and within 90 days after the death of the

15  beneficiary.

16         (c)  If both the retired firefighter and the

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

18  before the full payment has been effected under any option

19  providing for payments for a period certain and life

20  thereafter, made pursuant to the provisions of paragraph

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

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

23  lump sum and in accordance with s. 175.181.

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

25  normal retirement date pursuant to the provisions of s.

26  175.162(1) and dies prior to actual retirement and while an

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

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

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

30  beneficiary (or beneficiaries) designated by the firefighter

31

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

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

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

  4  retirement option after the date of cashing or depositing the

  5  first retirement check.

  6         Section 19.  Section 175.181, Florida Statutes, is

  7  amended to read:

  8         175.181  Beneficiaries.--For any municipality, special

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

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

11  under this chapter:

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

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

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

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

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

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

18  such firefighter by signing and filing with the board of

19  trustees a new designation-of-beneficiary form.

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

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

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

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

24  the beneficiary (or beneficiaries) named by a deceased

25  firefighter predecease the firefighter, the death benefit, if

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

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

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

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

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

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

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  1

  2  Any payment made to any person pursuant to this subsection

  3  shall operate as a complete discharge of all obligations under

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

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

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

  7  on all persons ever interested hereunder.

  8         (a)  The spouse or dependent children of the

  9  firefighter; or

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

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

12  contrary, the surviving spouse of any pension participant

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

14  retirement benefits if the spouse remarries. The surviving

15  spouse of such deceased member whose benefit terminated

16  because of remarriage shall have the benefit reinstated as of

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

18  such benefit not been terminated. This paragraph shall apply

19  to all municipalities which receive state excise tax moneys as

20  provided in s. 175.101.

21         Section 20.  Section 175.191, Florida Statutes, is

22  amended to read:

23         175.191  Disability retirement.--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:

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

28  of credited service or a firefighter who becomes totally and

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

30  of service, and having contributed to the firefighters'

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

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  1  service of the municipality or special fire control district

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

  3  the firefighter becomes totally and permanently disabled as

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

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

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

  7  "disability retirement."  The provisions for disability other

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

  9  has reached early or normal retirement age.

10         (2)  A firefighter will be considered totally disabled

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

12  wholly prevented from rendering useful and efficient service

13  as a firefighter; and a firefighter will be considered

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

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

16  continuously and permanently from a cause other than is

17  specified in subsection (3).

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

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

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

21  drugs, intoxicants, or narcotics;

22         (b)  Injury or disease sustained by the firefighter

23  while willfully and illegally participating in fights, riots,

24  or civil insurrections or while committing a crime;

25         (c)  Injury or disease sustained by the firefighter

26  while serving in any armed forces; or

27         (d)  Injury or disease sustained by the firefighter

28  after his or her employment has terminated.

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

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

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

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

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

  3  section.  Any firefighter retiring under this section shall be

  4  examined periodically by a duly qualified physician or surgeon

  5  or board of physicians and surgeons, to be selected by the

  6  board of trustees for that purpose, to determine if such

  7  disability has ceased to exist.

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

  9  retires from the service of a municipality or special fire

10  control district due to total and permanent disability as a

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

12  normal retirement date is the monthly income payable for 10

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

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

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

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

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

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

19  firefighter's monthly benefit shall be the accrued normal

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

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

22         (6)  The monthly retirement income to which a

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

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

25  month after the board of trustees determines such entitlement.

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

27  the date the board determines such entitlement, and any

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

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

30  firefighter recovers from the disability prior to his or her

31  normal retirement date, the payment due next preceding the

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

  2  recovering from the disability, the payment due next preceding

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

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

  5  paragraph, a firefighter may select an optional form as

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

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

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

  9  provided in ss. 175.181 and 175.201.

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

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

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

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

14  direct that the disability retirement income be discontinued.

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

16  the firefighter to render useful and efficient service as a

17  firefighter.

18         (8)  If the firefighter recovers from disability and

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

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

21  first month for which he or she received a disability

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

23  reentered the service may will not be considered as credited

24  service for the purpose of this plan.

25         Section 21.  Section 175.195, Florida Statutes, is

26  created to read:

27         175.195  False, misleading, or fraudulent statements

28  made to obtain public retirement benefits prohibited;

29  penalty.--

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

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

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

  2  fraudulent, or misleading oral or written statement to obtain

  3  any benefit available under a retirement plan receiving

  4  funding under this chapter.

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

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

  7  775.082 or s. 775.083.

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

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

10  participant or beneficiary of a pension plan receiving funding

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

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

13  all benefits to which the person would otherwise be entitled

14  under this chapter.  For purposes of this paragraph,

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

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

17  withheld.

18         Section 22.  Section 175.201, Florida Statutes, is

19  amended to read:

20         175.201  Death prior to retirement; refunds of

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

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

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

24  under this chapter:

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

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

27  beneficiaries, or personal representatives of such deceased

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

29  without interest, of the contributions made to the

30  firefighters' pension trust fund by such deceased firefighter

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

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

  2  then to the death benefits available under such life insurance

  3  or annuity contract subject to the limitations on such death

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

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

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

  7  years of contributing service, his or her beneficiary is

  8  entitled to the benefits otherwise payable to the firefighter

  9  at early or normal retirement age.

10

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

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

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

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

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

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

17  death or retirement benefits provided under this the

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

19         Section 23.  Section 175.211, Florida Statutes, is

20  amended to read:

21         175.211  Separation from service; refunds.--For any

22  municipality, special fire control district, chapter plan,

23  local law municipality, local law special fire control

24  district, or local law plan under this chapter:

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

26  municipality or special fire control district before

27  accumulating aggregate time of 10 years toward retirement and

28  before being eligible to retire under the provisions of this

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

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

31

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

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

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

  4  the municipality or special fire control district for at least

  5  10 years and has contributed to the firefighters' pension

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

  7  accrued contributions, if contributions are required, in the

  8  firefighters' pension trust fund, such firefighter upon

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

10  equivalent of the amount of such retirement income otherwise

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

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

13  175.162(1).

14         Section 24.  Section 175.221, Florida Statutes, is

15  amended to read:

16         175.221  Lump-sum payment of small retirement

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

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

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

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

21  the monthly retirement income payable to any person entitled

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

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

24  $2,500 $750, as of the date of retirement or termination of

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

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

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

28         Section 25.  Section 175.231, Florida Statutes, is

29  amended to read:

30         175.231  Diseases of firefighters suffered in line of

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

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  1  district, chapter plan, local law municipality, local law

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

  3  chapter, any condition or impairment of health of a

  4  firefighter caused by tuberculosis, hypertension, or heart

  5  disease resulting in total or partial disability or death

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

  7  line of duty unless the contrary is shown by competent

  8  evidence, provided that, such firefighter shall have

  9  successfully passed a physical examination before entering

10  into such service, which examination failed to reveal any

11  evidence of such condition.  This section shall be applicable

12  to all firefighters employed in Florida only with reference to

13  pension and retirement benefits under this chapter.

14         Section 26.  Section 175.241, Florida Statutes, is

15  amended to read:

16         175.241  Exemption from execution.--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, the pensions,

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

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

22  of this chapter act and the accumulated contributions and the

23  cash securities in the funds created under this chapter act

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

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

26  legal process whatsoever, and shall be unassignable.

27         Section 27.  Section 175.251, Florida Statutes, is

28  repealed.

29         Section 28.  Section 175.261, Florida Statutes, 1996

30  Supplement, is amended to read:

31

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  1         175.261  Annual report to Division of Retirement;

  2  actuarial valuations reports.--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, the board of trustees for every chapter

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

  7  the division:

  8         (1)  With respect to chapter plans:

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

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

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

12  the division which contains:

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

14  or special fire control district is within the provisions of

15  s. 175.041.

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

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

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

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

20  recent plan fiscal year of the municipality or special fire

21  control district, showing a detailed listing of assets and

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

23  disbursements during the year.  Such income and disbursements

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

25  end of the year.

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

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

28  retirement plan and the number ineligible, classified

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

30  number of disabled firefighters and retired firefighters and

31  their beneficiaries receiving pension payments and the amounts

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  1  of annual retirement income or pension payments being received

  2  by them.

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

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

  5  contributed to the retirement fund for the most recent plan

  6  fiscal year and the amount the municipality or special fire

  7  control district will contribute to the retirement fund during

  8  its current plan fiscal year.

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

10  insurance company, the report should include a statement of

11  the relationship of the insured benefits to the benefits

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

13  and information about the basis of premium rates, mortality

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

15  benefits.

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

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

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

19  division 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. beginning

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

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

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

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

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

29  pension trust fund operating under a chapter plan shall report

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

31  actuarial valuation of each fund. The forms for each

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  1  municipality and special fire control district shall be

  2  supplied by the division.  The expense of this actuarial

  3  valuation shall be borne by the firefighters' pension trust

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

  5  of this section are supplemental to the actuarial valuations

  6  necessary to comply with ss. 11.45 and 218.32.

  7         (2)  With respect to local law plans:

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

  9  the retirement plan shall submit the following information to

10  the division in order for the retirement plan of such

11  municipality or special fire control district to receive a

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

13         1.  A certified copy of each and every instrument

14  constituting or evidencing the plan.  This includes the formal

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

16  all insurance contracts, and formal announcement material.

17         2.  An independent audit by a certified public

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

19  certified statement of accounting if the fund has less than

20  $250,000 in assets, for the most recent plan year, showing a

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

22  disbursements during the year.  Such income and disbursements

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

24  the year.

25         3.  A certified statement listing the investments of

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

27  investments.

28         4.  A statistical exhibit showing the total number of

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

30  ineligible classified according to the reasons for their being

31  ineligible, and the number of disabled and retired

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  1  firefighters and their beneficiaries receiving pension

  2  payments and the amounts of annual retirement income or

  3  pension payments being received by them.

  4         5.  A certified statement describing the methods,

  5  factors, and actuarial assumptions used in determining the

  6  cost.

  7         6.  A certified statement by an enrolled actuary

  8  showing the results of the latest actuarial valuation of the

  9  plan and a copy of the detailed worksheets showing the

10  computations used in arriving at the results.

11         7.  A statement of the amount the municipality or

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

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

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

15

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

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

18  necessary for the trustees to submit duplicate information if

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

20         (b)  In addition to annual reports provided under

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

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

23  112.63, commencing 3 years from the last actuarial valuation

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

25  years from issuance of the initial actuarial impact statement

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

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

28  the following conditions:

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

30  112.625(7).

31

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

  2  the individual firefighters' retirement fund or by the

  3  sponsoring municipality or special fire control district.

  4         3.  A report of the valuation, including actuarial

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

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

  7  any benefits are insured with a commercial insurance company,

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

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

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

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

12  retirement benefits.

13         Section 29.  Section 175.291, Florida Statutes, as

14  amended by section 929 of chapter 95-147, Laws of Florida, is

15  repealed.

16         Section 30.  Section 175.301, Florida Statutes, is

17  amended to read:

18         175.301  Depository for pension funds.--For any

19  municipality, special fire control district, chapter plan,

20  local law municipality, local law special fire control

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

22  securities of the firefighters' pension trust fund of any

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

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

25  municipality or special fire control district, acting in a

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

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

28  safekeeping of funds for the municipality or special fire

29  control district. However, any funds and securities so

30  deposited with the treasurer of the municipality or special

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

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  1  treasurer or clearly identified as such funds and securities

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

  3  board of trustees shall deposit the funds and securities of

  4  the firefighters' pension trust fund in a qualified public

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

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

  7  bound by all of the provisions of chapter 280.

  8         Section 31.  Section 175.311, Florida Statutes, is

  9  amended to read:

10         175.311  Municipalities, special fire control

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

12  enforcement and in the interpretation of the provisions of

13  this chapter for any municipality, special fire control

14  district, chapter plan, local law municipality, local law

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

16  chapter, each municipality and each special fire control

17  district shall be independent of any other municipality or

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

19  the firefighters' pension trust fund of each municipality and

20  each special fire control district shall function for the

21  municipality or special fire control district that which it

22  serves as trustee.  Each board of trustees shall be

23  independent of the municipality or special fire control

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

25  extent required to accomplish the intent, requirements, and

26  responsibilities provided for in this chapter.

27         Section 32.  Section 175.321, Florida Statutes, is

28  repealed.

29         Section 33.  Section 175.331, Florida Statutes, as

30  amended by section 931 of chapter 95-147, Laws of Florida, is

31  repealed.

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  1         Section 34.  Section 175.333, Florida Statutes, is

  2  amended to read:

  3         175.333  Discrimination in benefit formula prohibited;

  4  restrictions regarding designation of joint annuitants.--For

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

  6  local law municipality, local law special fire control

  7  district, or local law plan under this chapter:

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

  9  chapter and participating in the distribution of premium tax

10  moneys as provided in this chapter shall discriminate in its

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

12  marital status.; however,

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

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

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

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

17  both of these cases, after retirement the benefits have

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

19  of joint annuitant or beneficiary only twice.

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

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

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

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

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

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

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

27  monthly benefit by the application of actuarial tables and

28  calculations developed to ensure that the benefit paid is the

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

30  current benefit.

31

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  1  Nothing herein shall preclude a plan from actuarially

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

  3  early retirement, or disability.

  4         Section 35.  Section 175.341, Florida Statutes, is

  5  amended to read:

  6         175.341  Duties of Division of Retirement; rulemaking

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

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

  9  oversight and monitoring for actuarial soundness of the

10  firefighters' pension plans, whether chapter or local law

11  plans, established under this chapter, for receiving and

12  holding the premium tax moneys collected under this chapter,

13  and, upon determining compliance with the provisions of this

14  chapter, for disbursing those moneys to the firefighters'

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

16  administration shall be annually appropriated from the

17  interest and investment income earned on moneys deposited in

18  the trust fund.

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

20  administration of this chapter.

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

22  reinvest the moneys in the trust fund collected under this

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

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

25  shall be deducted from the interest and investment income

26  accruing to the trust fund.

27         Section 36.  Section 175.351, Florida Statutes, is

28  amended to read:

29         (Substantial rewording of section.  See

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

31

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  1         175.351  Municipalities and special fire control

  2  districts having their own pension plans for

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

  4  district, local law municipality, local law special fire

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

  6  order for municipalities and special fire control districts

  7  with their own pension plans for firefighters, or for

  8  firefighters and police officers, where included, to

  9  participate in the distribution of the tax fund established

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

11  benefits and standards set forth in this chapter.

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

13  pension plan for firefighters, or a pension plan for

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

15  opinion of the division meets the standards set forth in this

16  chapter, the board of trustees of the pension plan, as

17  approved by a majority of firefighters of the municipality,

18  may:

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

20  175.101 in such pension plan for the sole and exclusive use of

21  its firefighters, or for firefighters and police officers,

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

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

24  firefighters included in that pension plan; or

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

26  175.101 in a separate supplemental pension plan to pay extra

27  benefits to firefighters, or to firefighters and police

28  officers, where included, participating in such separate

29  supplemental pension plan.

30

31

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  1  Anything to the contrary notwithstanding, the premium tax

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

  3  entirety to provide extra benefits to firefighters, or to

  4  firefighters and police officers, where included. For purposes

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

  6  addition to or greater than those provided to general

  7  employees of the municipality.

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

  9  retirement plan or amendment to a retirement plan shall be

10  proposed for adoption unless the proposed plan or amendment

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

12  proposed plan or proposed plan change shall be adopted without

13  the approval of the municipality or special fire control

14  district. Copies of the proposed plan or proposed plan change

15  and the actuarial impact statement of the proposed plan or

16  proposed plan change shall be furnished to the division for

17  approval prior to the last public hearing thereon.  Such

18  statement shall also indicate whether the proposed plan or

19  proposed plan change is in compliance with s. 14, Art. X of

20  the State Constitution and those provisions of part VII of

21  chapter 112 which are not expressly provided in this chapter.

22         (3)  The retirement plan setting forth the benefits and

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

24  responsibilities of the trustees and the regulations of the

25  investment of funds must be in writing, and copies thereof

26  must be made available to the participants and to the general

27  public.

28         Section 37.  Section 175.361, Florida Statutes, is

29  amended to read:

30         175.361  Termination of plan and distribution of

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

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

  2  control district, or local law plan under this chapter, the

  3  plan may be terminated by the municipality or special fire

  4  control district.  Upon termination of the plan by the

  5  municipality or special fire control district for any reason

  6  or because of a transfer, merger, or consolidation of

  7  governmental units, services, or functions as provided in

  8  chapter 121, or upon written notice by the municipality or

  9  special fire control district to the board of trustees that

10  contributions under the plan are being permanently

11  discontinued, the rights of all employees to benefits accrued

12  to the date of such termination, to the extent then funded, or

13  the amounts credited to the employees' accounts are

14  nonforfeitable and the fund shall be apportioned and

15  distributed in accordance with the following procedures:

16         (1)  The board of trustees shall determine the date of

17  distribution and the asset value to be distributed, after

18  taking into account the expenses of such distribution.

19         (2)  The board of trustees shall determine the method

20  of distribution of the asset value, that is, whether

21  distribution shall be by payment in cash, by the maintenance

22  of another or substituted trust fund, by the purchase of

23  insured annuities, or otherwise, for each firefighter entitled

24  to benefits under the plan as specified in subsection (3).

25         (3)  The board of trustees shall apportion the asset

26  value as of the date of termination in the manner set forth in

27  this subsection, on the basis that the amount required to

28  provide any given retirement income shall mean the actuarially

29  computed single-sum value of such retirement income, except

30  that if the method of distribution determined under subsection

31  (2) involves the purchase of an insured annuity, the amount

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  1  required to provide the given retirement income shall mean the

  2  single premium payable for such annuity.

  3         (a)  Apportionment shall first be made in respect of

  4  each retired firefighter receiving a retirement income

  5  hereunder on such date, each person receiving a retirement

  6  income on such date on account of a retired (but since

  7  deceased) firefighter, and each firefighter who has, by such

  8  date, become eligible for normal retirement but has not yet

  9  retired, in the amount required to provide such retirement

10  income, provided that, if such asset value is less than the

11  aggregate of such amounts, such amounts shall be

12  proportionately reduced so that the aggregate of such reduced

13  amounts will be equal to such asset value.

14         (b)  If there is any asset value remaining after the

15  apportionment under paragraph (a), apportionment shall next be

16  made in respect of each firefighter in the service of the

17  municipality or special fire control district on such date who

18  has completed at least 10 years of credited service, in who

19  has contributed to the firefighters' pension trust fund for at

20  least 10 years, and who is not entitled to an apportionment

21  under paragraph (a), in the amount required to provide the

22  actuarial equivalent of the accrued normal retirement income,

23  based on the firefighter's credited service and earnings to

24  such date, and each former participant then entitled to a

25  benefit under the provisions of s. 175.211 who has not by such

26  date reached his or her normal retirement date, in the amount

27  required to provide the actuarial equivalent of the accrued

28  normal retirement income to which he or she is entitled under

29  s. 175.211; provided that, if such remaining asset value is

30  less than the aggregate of the amounts apportioned hereunder,

31  such latter amounts shall be proportionately reduced so that

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  1  the aggregate of such reduced amounts will be equal to such

  2  remaining asset value.

  3         (c)  If there is any asset value after the

  4  apportionments under paragraphs (a) and (b), apportionment

  5  shall lastly be made in respect of each firefighter in the

  6  service of the municipality or special fire control district

  7  on such date who is not entitled to an apportionment under

  8  paragraphs (a) and (b) in the amount equal to the

  9  firefighter's total contributions to the plan to date of

10  termination; provided that, if such remaining asset value is

11  less than the aggregate of the amounts apportioned hereunder,

12  such latter amounts shall be proportionately reduced so that

13  the aggregate of such reduced amounts will be equal to such

14  remaining asset value.

15         (d)  In the event that there is asset value remaining

16  after the full apportionment specified in paragraphs (a), (b),

17  and (c), such excess shall be returned to the municipality or

18  special fire control district, less return to the state of the

19  state's contributions, provided that, if the excess is less

20  than the total contributions made by the municipality or

21  special fire control district and the state to date of

22  termination of the plan, such excess shall be divided

23  proportionately to the total contributions made by the

24  municipality or special fire control district and the state.

25         (4)  The board of trustees shall distribute, in

26  accordance with the manner of distribution determined under

27  subsection (2), the amounts apportioned under subsection (3).

28

29  If, after a period of 24 months after the date on which the

30  plan terminated or the date on which the board received

31  written notice that the contributions thereunder were being

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  1  permanently discontinued, the municipality or special fire

  2  control district or the board of trustees of the firefighters'

  3  pension trust fund affected has not complied with all the

  4  provisions in this section, the division shall effect the

  5  termination of the fund in accordance with this section.

  6         Section 38.  Section 175.371, Florida Statutes, is

  7  amended to read:

  8         175.371  Transfer to another state retirement system;

  9  benefits payable.--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:

13         (1)  Any firefighter who has a vested right to benefits

14  under a pension plan created pursuant to the provisions of

15  this chapter and who elects to participate in another state

16  retirement system may not receive a benefit under the

17  provisions of the latter retirement system for any year's

18  service for which benefits are paid under the provisions of

19  the pension plan created pursuant to this chapter.

20         (2)  When every active participant in any pension plan

21  created pursuant to this chapter elects to transfer to another

22  state retirement system, the pension plan created pursuant to

23  this chapter shall be terminated and the assets distributed in

24  accordance with s. 175.361.  If some participants in a pension

25  plan created pursuant to this chapter elect to transfer to

26  another state retirement system and other participants elect

27  to remain in the existing plan created pursuant to this

28  chapter, the plan created pursuant to this chapter shall

29  remain in effect until fully funded and shall then be

30  terminated in accordance with s. 175.361.

31

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  1         Section 39.  Section 175.381, Florida Statutes, is

  2  amended to read:

  3         (Substantial rewording of section.  See

  4         s. 175.381, F.S., for present text.)

  5         175.381  Applicability.--This act shall apply to all

  6  municipalities, special fire control districts, chapter plans,

  7  local law municipalities, local law special fire control

  8  districts, or local law plans presently existing or to be

  9  created pursuant to this chapter.  Those plans presently

10  existing pursuant to s. 175.351 and not in compliance with the

11  provisions of this act must comply no later than December 31,

12  1997.  However, the plan sponsor of any plan established by

13  special act of the Legislature shall have until July 1, 1998,

14  to comply with the provisions of this act, except as otherwise

15  provided in this act with regard to establishment and election

16  of board members.  The provisions of this act shall be

17  construed to establish minimum standards and benefit levels,

18  and nothing contained in this act or in chapter 175 shall

19  operate to reduce presently existing rights or benefits of any

20  firefighter, directly, indirectly, or otherwise.

21         Section 40.  Section 175.391, Florida Statutes, is

22  repealed.

23         Section 41.  Section 175.401, Florida Statutes, is

24  amended to read:

25         175.401  Retiree health insurance subsidy.--For any

26  municipality, special fire control district, chapter plan,

27  local law municipality, local law special fire control

28  district, or local law plan under this chapter, under the

29  broad grant of home rule powers under the Florida Constitution

30  and chapter 166, municipalities have the authority to

31  establish and administer locally funded health insurance

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  1  subsidy programs.  In addition, special fire control districts

  2  may, by resolution, establish and administer locally funded

  3  health insurance subsidy programs.  Pursuant thereto:

  4         (1)  PURPOSE.--The purpose of this section is to allow

  5  municipalities and special fire control districts the option

  6  to use premium tax moneys, as provided for under this chapter,

  7  to establish and administer health insurance subsidy programs

  8  which will provide a monthly subsidy payment to retired

  9  members of any firefighters' pension trust fund system or plan

10  as provided under this chapter, or to beneficiaries who are

11  spouses or financial dependents entitled to receive benefits

12  under such a plan, in order to assist such retired members or

13  beneficiaries in paying the costs of health insurance.

14         (2)  RETIREE HEALTH INSURANCE SUBSIDY TRUST FUNDS;

15  ESTABLISHMENT AND TERMINATION.--

16         (a)  Any municipality or special fire control district

17  having a firefighters' pension trust fund system or plan as

18  provided under this chapter may, in its discretion, establish

19  by ordinance or resolution, as appropriate, a trust fund to be

20  known as the firefighters' retiree health insurance subsidy

21  trust fund. This fund may be a separate account established

22  for such purpose in the existing firefighters' pension fund,

23  provided that all funds deposited in such account are

24  segregated from, and not commingled with, pension funds or

25  other public moneys and that the account otherwise conforms to

26  the requirements of subsection (8).  The trust fund shall be

27  used to account for all moneys received and disbursed pursuant

28  to this section.

29         (b)  Prior to the second reading of the ordinance

30  before the municipal legislative body, or of the resolution

31  before the governing body of the special fire control

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  1  district, an actuarial valuation must be performed by an

  2  enrolled actuary as provided in s. 112.63, and copies of the

  3  valuation and the proposed implementing ordinance or

  4  resolution shall be furnished to the division.

  5         (c)  The subsidy program may, at the discretion of the

  6  municipal governing body, be permanently discontinued by

  7  municipal ordinance, and at the discretion of the governing

  8  body of a special fire control district may be permanently

  9  discontinued by resolution, at any time, subject to the

10  requirements of any applicable collective bargaining

11  agreement, in the same manner and subject to the same

12  conditions established for plan termination and fund

13  distribution under s. 175.361.

14         (3)  FUNDING.--Trust funds established pursuant to this

15  section shall be funded in the following manner:

16         (a)  By payment to the fund of an amount equivalent to

17  one-half of the net increase over the previous tax year in the

18  premium tax funds provided for in this chapter, said amount to

19  be established in the implementing ordinance or resolution.

20         (b)  By no less than one-half of 1 percent of the base

21  salary of each firefighter, for so long as the firefighter is

22  employed and covered by a pension plan established pursuant to

23  this chapter. The municipality or special fire control

24  district, with approval of the board of trustees, may increase

25  member contributions if needed to fund benefits greater than

26  the minimums established in this section.

27         (c)  By payment by the municipality or special fire

28  control district, on at least a quarterly basis, of whatever

29  sum is determined necessary to maintain the actuarial

30  soundness of the fund in accordance with s. 112.64.

31

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  1  Such contributions and payments shall be submitted to the

  2  board of trustees of the firefighters' pension trust fund, or

  3  the plan trustees in the case of local law plans established

  4  under s. 175.351, and deposited in the firefighters' retiree

  5  health insurance subsidy trust fund, in the same manner and

  6  subject to the same time constraints as provided under s.

  7  175.131.

  8         (4)  ELIGIBILITY FOR RETIREE HEALTH INSURANCE

  9  SUBSIDY.--A person who has contributed to the retiree health

10  insurance subsidy trust fund and retires under a firefighters'

11  pension trust fund system or plan as provided under this

12  chapter, including any local law plan as provided under s.

13  175.351, or a beneficiary who is a spouse or financial

14  dependent entitled to receive benefits under such a plan, is

15  eligible for health insurance subsidy payments provided under

16  this section.  However, the fund, with approval of the board

17  of trustees and approval of the municipality or special fire

18  control district, may provide coverage to retirees and

19  beneficiaries when the retirees have not contributed to the

20  fund as provided in subsection (3). Payment of the retiree

21  health insurance subsidy shall be made only after coverage for

22  health insurance for the retiree or beneficiary has been

23  certified in writing to the board of trustees of the

24  firefighters' pension trust fund.

25         (5)  RETIREE HEALTH INSURANCE SUBSIDY

26  AMOUNT.--Beginning on the effective date established in the

27  implementing ordinance or resolution, each eligible retiree,

28  or beneficiary who is a spouse or financial dependent thereof,

29  shall receive a monthly retiree health insurance subsidy

30  payment equal to the aggregate number of years of service, as

31  defined in s. 175.032, completed at the time of retirement

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  1  multiplied by an amount determined in the implementing

  2  ordinance or resolution, but no less than $3 for each year of

  3  service.  Nothing herein shall be construed to restrict the

  4  plan sponsor from establishing, in the implementing ordinance

  5  or resolution, a cap of no less than 30 years upon the number

  6  of years' service for which credit will be given toward a

  7  health insurance subsidy or a maximum monthly subsidy amount.

  8         (6)  PAYMENT OF RETIREE HEALTH INSURANCE

  9  SUBSIDY.--Beginning on the effective date established in the

10  implementing ordinance or resolution, any monthly retiree

11  health insurance subsidy amount due and payable under this

12  section shall be paid to retired members, or their eligible

13  beneficiaries, by the board of trustees of the firefighters'

14  pension trust fund, or the plan trustees in the case of local

15  law plans established under s. 175.351, in the same manner as

16  provided by s. 175.071(1)(c) for drafts upon the pension fund.

17         (7)  INVESTMENT OF THE TRUST FUND.--The trustees of the

18  firefighters' pension trust fund, or the plan trustees in the

19  case of local law plans established under s. 175.351, are

20  hereby authorized to invest and reinvest the funds of the

21  firefighters' retiree health insurance subsidy trust fund in

22  the same manner and subject to the same conditions as apply

23  hereunder to the investment of firefighters' pension funds

24  under s. 175.071.

25         (8)  DEPOSIT OF HEALTH INSURANCE SUBSIDY FUNDS.--All

26  funds and securities of the health insurance subsidy fund may

27  be deposited by the board of trustees with the treasurer of

28  the municipality or special fire control district, acting in a

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

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

31  safekeeping of funds for the municipality or special fire

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  1  control district.  Any funds so deposited shall be segregated

  2  by the treasurer in a separate fund, clearly identified as

  3  funds and securities of the health insurance subsidy fund.  In

  4  lieu thereof, the board of trustees shall deposit the funds

  5  and securities of the health insurance subsidy fund in a

  6  qualified public depository as defined in s. 280.02, which

  7  shall conform to and be bound by the provisions of chapter 280

  8  with regard to such funds.  In no case shall the funds of the

  9  health insurance subsidy fund be deposited in any financial

10  institution, brokerage house trust company, or other entity

11  that is not a public depository as provided by s. 280.02.

12         (9)  SEPARATION FROM SERVICE; REFUNDS.--Any firefighter

13  who terminates employment with a municipality or special fire

14  control district having a retiree health insurance subsidy

15  trust fund system or plan as provided under this section shall

16  be entitled to a refund of all employee contributions he or

17  she made to that trust fund, without interest, regardless of

18  whether the firefighter has vested for purposes of retirement.

19  Any firefighter who has vested for purposes of retirement in

20  the service of the municipality or special fire control

21  district, and has contributed to the firefighters' retiree

22  health insurance subsidy trust fund for so long as he or she

23  was eligible to make such contributions, may, in his or her

24  discretion, elect to leave his or her accrued contributions in

25  the fund, whereupon, such firefighter shall, upon retiring and

26  commencing to draw retirement benefits, receive a health

27  insurance subsidy based upon his or her aggregate number of

28  years of service, as defined in s. 175.032.

29         (10)  ADMINISTRATION OF SYSTEM; ACTUARIAL VALUATIONS;

30  AUDITS; RULES; ADMINISTRATIVE COSTS.--The board of trustees of

31  the firefighters' pension trust fund, or the plan trustees in

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  1  the case of local law plans established under s. 175.351,

  2  shall be solely responsible for administering the health

  3  insurance subsidy trust fund.  Pursuant thereto:

  4         (a)  As part of its administrative duties, no less

  5  frequently than every 3 years, the board shall have an

  6  actuarial valuation of the firefighters' retiree health

  7  insurance subsidy trust fund prepared as provided in s. 112.63

  8  by an enrolled actuary, covering the same reporting period or

  9  plan year used for the firefighters' pension plan, and shall

10  submit a report of the valuation, including actuarial

11  assumptions and type and basis of funding, to the division.

12         (b)  By February 1 of each year, the trustees shall

13  file a report with the division, containing an independent

14  audit by a certified public accountant if the fund has

15  $250,000 $100,000 or more in assets, or a certified statement

16  of accounting if the fund has less than $250,000 $100,000 in

17  assets, for the most recent plan fiscal year of the

18  municipality or special fire control district, showing a

19  detailed listing of assets and methods used to value them and

20  a statement of all income and disbursements during the year.

21  Such income and disbursements shall be reconciled with the

22  assets at the beginning of and end of the year.

23         (c)  The trustees may adopt such rules and regulations

24  as are necessary for the effective and efficient

25  administration of this section.

26         (d)  At the discretion of the plan sponsor, the cost of

27  administration may be appropriated from the trust fund or paid

28  directly by the plan sponsor.

29         (11)  BENEFITS.--Subsidy payments shall be payable

30  under the firefighters' retiree health insurance subsidy

31  program only to participants in the program or their

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  1  beneficiaries.  Such subsidy payments shall not be subject to

  2  assignment, execution, or attachment or to any legal process

  3  whatsoever, and shall be in addition to any other benefits to

  4  which eligible recipients are entitled under any workers'

  5  compensation law, pension law, collective bargaining

  6  agreement, municipal or county ordinance, or any other state

  7  or federal statute.

  8         (12)  DISTRIBUTION OF PREMIUM TAXES; COMPLIANCE

  9  REQUIRED.--Premium tax dollars for which spending authority is

10  granted under this section shall be distributed from the

11  Police and Firefighters' Premium Tax Trust Fund and remitted

12  annually to municipalities and special fire control districts

13  in the same manner as provided under this chapter for

14  firefighters' pension funds. Once a health insurance subsidy

15  plan has been implemented by a municipality or special fire

16  control district under this section, in order for the

17  municipality or special fire control district to participate

18  in the distribution of premium tax dollars authorized under

19  this section, all provisions of this section, including state

20  acceptance pursuant to part VII of chapter 112, shall be

21  complied with, and said premium tax dollars may be withheld

22  for noncompliance.

23         Section 42.  Section 185.01, Florida Statutes, is

24  amended to read:

25         185.01  Legislative declaration.--

26         (1)  It is hereby found and declared by the Legislature

27  that police officers as hereinafter defined perform both state

28  and municipal functions; that they make arrests for violations

29  of state traffic laws on public highways; that they keep the

30  public peace; that they conserve both life and property; and

31  that their activities are vital to public welfare of this

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  1  state.  Therefore the Legislature declares that it is a proper

  2  and legitimate state purpose to provide a uniform retirement

  3  system for the benefit of police officers as hereinafter

  4  defined and intends, in implementing the provisions of s. 14,

  5  Art. X of the State Constitution as they relate to municipal

  6  police officers' retirement trust fund systems and plans, that

  7  such retirement systems or plans be managed, administered,

  8  operated, and funded in such manner as to maximize the

  9  protection of police officers' retirement trust funds.

10  Therefore, the Legislature hereby determines and declares that

11  the provisions of this act fulfill an important state

12  interest.

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

14  pension plans now or hereinafter provided for under this

15  chapter, including chapter plans and local law plans, minimum

16  benefits and standards for the operation and funding of such

17  municipal police officers' retirement trust fund systems and

18  plans, hereinafter referred to as municipal police officers'

19  retirement trust funds. The minimum benefits and standards set

20  forth in this chapter may not be diminished by local ordinance

21  or by special act of the Legislature, nor may the benefits or

22  standards be reduced or offset by any other local, state, or

23  federal plan that may include police officers in its

24  operation, except as provided under s. 112.65.

25         Section 43.  Section 185.02, Florida Statutes, is

26  amended to read:

27         (Substantial rewording of section.  See

28         s. 185.02, F.S., for present text.)

29         185.02  Definitions.--For any municipality, chapter

30  plan, local law municipality, or local law plan under this

31  chapter, the following words and phrases as used in this

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  1  chapter shall have the following meanings, unless a different

  2  meaning is plainly required by the context:

  3         (1)  "Average final compensation" means one-twelfth of

  4  the average annual compensation of the 5 best years of the

  5  last 10 years of creditable service prior to retirement,

  6  termination, or death.

  7         (2)  "Casualty insurance" means automobile public

  8  liability and property damage insurance to be applied at the

  9  place of residence of the owner, or if the subject is a

10  commercial vehicle, to be applied at the place of business of

11  the owner; automobile collision insurance; fidelity bonds;

12  burglary and theft insurance; and plate glass insurance.

13  "Multiple peril" means a combination or package policy that

14  includes both property coverage and casualty coverage for a

15  single premium.

16         (3)  "Chapter plan" means a separate defined benefit

17  pension plan for police officers which incorporates by

18  reference the provisions of this chapter and has been adopted

19  by the governing body of a municipality as provided in s.

20  185.08.  Except as may be specifically authorized in this

21  chapter, provisions of a chapter plan may not differ from the

22  plan provisions set forth in ss. 185.01-185.341 and

23  185.36-185.42.  Actuarial valuations of chapter plans shall be

24  conducted by the division as provided by s. 185.221(1)(b).

25         (4)  "Compensation" or "salary" means the total cash

26  remuneration paid to a police officer for services rendered.

27  Pursuant thereto:

28         (a)  The member's compensation or salary contributed as

29  employee-elective salary reductions or deferrals to any salary

30  reduction, deferred compensation, or tax-sheltered annuity

31  program authorized under the Internal Revenue Code shall be

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  1  deemed to be the compensation or salary the member would

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

  3  and shall be treated as compensation for retirement purposes

  4  under this chapter.

  5         (b)  For any person who first becomes a member in any

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

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

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

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

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

11  federal law for qualified government plans and shall be

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

13  manner provided by Internal Revenue Code Section

14  401(a)(17)(B).  For any person who first became a member prior

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

16  the limitation on compensation shall be not less than the

17  maximum compensation amount that was allowed to be taken into

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

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

20  since 1989 in the manner provided by Internal Revenue Code

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

22         (5)  "Creditable service" or "credited service" means

23  the aggregate number of years of service and fractional parts

24  of years of service of any police officer, omitting

25  intervening years and fractional parts of years when such

26  police officer may not have been employed by the municipality

27  subject to the following conditions:

28         (a)  No police officer will receive credit for years or

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

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

31  or fractional parts of years of service, unless the police

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  1  officer repays into the fund the contributions he or she has

  2  withdrawn, with interest, within 90 days after his or her

  3  reemployment.

  4         (b)  A police officer may voluntarily leave his or her

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

  6  leaving the employ of the police department, pending the

  7  possibility of his or her being rehired by the same

  8  department, without losing credit for the time he or she has

  9  participated actively as a police officer.  If he or she is

10  not reemployed as a police officer with the same department

11  within 5 years, his or her contributions shall be returned to

12  him or her without interest.

13         (c)  Credited service under this chapter shall be

14  provided only for service as a police officer, as defined in

15  s. 185.02(7), or for military service and shall not include

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

17  local ordinance, provide for the purchase of credit for

18  military service occurring prior to employment as well as

19  prior service as a police officer for some other employer as

20  long as the police officer is not already receiving a benefit

21  for such other service.

22         (d)  In determining the creditable service of any

23  police officer, credit for up to 4 years of the time spent in

24  the military service of the Armed Forces of the United States

25  shall be added to the years of actual service, if:

26         1.  The police officer is in the active employ of the

27  municipality prior to such service and leaves a position,

28  other than a temporary position, for the purpose of voluntary

29  or involuntary service in the Armed Forces of the United

30  States.

31

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  1         2.  The police officer is entitled to reemployment

  2  under the provisions of the Uniformed Services Employment and

  3  Reemployment Rights Act.

  4         3.  The police officer returns to his or her employment

  5  as a police officer of the municipality within 1 year from the

  6  date of his or her release from such active service.

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

  8  Department of Management Services.

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

10  enrolled under Subtitle C of Title III of the Employee

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

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

13         (8)  "Local law municipality" is any municipality in

14  which there exists a local law plan.

15         (9)  "Local law plan" means a defined benefit pension

16  plan for police officers or for police officers and

17  firefighters, where included, as described in s. 185.35,

18  established by municipal ordinance or special act of the

19  Legislature, which enactment sets forth all plan provisions.

20  Local law plan provisions may vary from the provisions of this

21  chapter, provided that required minimum benefits and standards

22  are met.  Any such variance shall provide a greater benefit

23  for police officers.  Actuarial valuations of local law plans

24  shall be conducted by an enrolled actuary as provided in s.

25  185.221(2)(b).

26         (10)  "Police officer" means any person who is elected,

27  appointed, or employed full time by any municipality, who is

28  certified or required to be certified as a law enforcement

29  officer in compliance with s. 943.1395, who is vested with

30  authority to bear arms and make arrests, and whose primary

31  responsibility is the prevention and detection of crime or the

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  1  enforcement of the penal, criminal, traffic, or highway laws

  2  of the state. This definition includes all certified

  3  supervisory and command personnel whose duties include, in

  4  whole or in part, the supervision, training, guidance, and

  5  management responsibilities of full-time law enforcement

  6  officers, part-time law enforcement officers, or auxiliary law

  7  enforcement officers, but does not include part-time law

  8  enforcement officers or auxiliary law enforcement officers as

  9  the same are defined in s. 943.10(6) and (8), respectively.

10  For the purposes of this chapter only, "police officer" also

11  shall include a public safety officer who is responsible for

12  performing both police and fire services.

13         (11)  "Police Officers' Retirement Trust Fund" means a

14  trust fund, by whatever name known, as provided under s.

15  185.03 for the purpose of assisting municipalities in

16  establishing and maintaining a retirement plan for police

17  officers.

18         (12)  "Supplemental plan" means a plan to which

19  deposits are made to provide extra benefits to police officers

20  or police officers and firefighters, where included, under

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

22  and exists in conjunction with a defined benefit plan that

23  meets the minimum standards and benefits of this chapter.

24         Section 44.  Section 185.03, Florida Statutes, is

25  amended to read:

26         185.03  Municipal police officers' retirement trust

27  funds; creation; applicability of provisions; participation by

28  public safety officers.--For any municipality, chapter plan,

29  local law municipality, or local law plan under this chapter:

30         (1)  There shall be established may be hereby created a

31  special fund exclusively for the purpose of this chapter,

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

  2  "Municipal Police Officers' Retirement Trust Fund,"

  3  exclusively for the purposes provided in this chapter, in each

  4  municipality of this state, heretofore or hereafter created,

  5  which now has or which may hereafter have a regularly

  6  organized police department, and which now owns and uses or

  7  which may hereafter own and use equipment and apparatus of a

  8  value exceeding $500 in serviceable condition for the

  9  prevention of crime and for the preservation of life and

10  property, and which does not presently have established by law

11  a similar fund.

12         (2)  The provisions of this act shall apply only to

13  municipalities organized and established pursuant to the laws

14  of the state and said provisions shall not apply to the

15  unincorporated areas of any county or counties nor shall the

16  provisions hereof apply to any governmental entity whose

17  employees are eligible for membership in the Florida

18  Retirement System, unless such police officers were members of

19  the Florida Retirement System prior to establishment of a

20  pension plan under this chapter and simply maintained that

21  membership a state or state and county retirement system.

22         (3)  No municipality shall establish more than one

23  retirement plan for public safety officers which is supported

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

25  as provided by this chapter or chapter 175, nor shall any

26  municipality establish a retirement plan for public safety

27  officers which receives premium tax funds from both this

28  chapter and chapter 175.

29         (4)  The plan provisions, participation, and benefits

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

31  nondiscriminatory basis.

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  1         Section 45.  Section 185.04, Florida Statutes, is

  2  amended to read:

  3         185.04  Actuarial deficits not state obligations.--For

  4  any municipality, chapter plan, local law municipality, or

  5  local law plan under this chapter, actuarial deficits, if any,

  6  arising under this chapter are shall not be the obligation of

  7  the state.

  8         Section 46.  Section 185.05, Florida Statutes, is

  9  amended to read:

10         185.05  Board of trustees; members, terms of office;

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

12  municipality, chapter plan, local law municipality, or local

13  law plan under this chapter:

14         (1)  In each municipality described in s. 185.03 there

15  is hereby created a board of trustees of the municipal police

16  officers' retirement trust fund, which shall be solely

17  responsible for administering the trust fund. Effective July

18  1, 1997 October 1, 1986, and thereafter:,

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

20  chapter plans shall consist of five members, two of whom,

21  unless otherwise prohibited by law, shall be legal residents

22  of the municipality, who shall be appointed by the legislative

23  body of the municipality, and two of whom shall be police

24  officers as defined in s. 185.02 who shall be elected by a

25  majority of the active police officers who are members of such

26  plan. With respect to any plan that, on January 1, 1997,

27  allowed retired police officers to vote in such elections,

28  retirees may continue to vote in such elections until such

29  time as such permission is revoked by majority vote of the

30  active police officers who are members of the fund. The fifth

31  member shall be chosen by a majority of the previous four

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  1  members, and such person's name shall be submitted to the

  2  legislative body of the municipality.  Upon receipt of the

  3  fifth person's name, the legislative body of the municipality

  4  shall, as a ministerial duty, appoint such person to the board

  5  of trustees as its fifth member.  The fifth member shall have

  6  the same rights as each of the other four members appointed or

  7  elected as herein provided, shall serve as trustee for a

  8  period of 2 years, and may succeed himself or herself in

  9  office. Each resident member shall serve as trustee for a

10  period of 2 years, unless sooner replaced by the legislative

11  body at whose pleasure the member shall serve, and may succeed

12  himself or herself as a trustee.  However, the terms of the

13  mayor, or corresponding chief executive officer of the

14  municipality, and the chief of the police department as

15  members of the board of trustees as provided in chapter 28230,

16  Laws of Florida, 1953, as amended, together with any city

17  manager and member of the legislative body of the municipality

18  as members of the board of trustees shall terminate on

19  September 30, 1986. Each police officer member shall serve as

20  trustee for a period of 2 years, unless he or she sooner

21  leaves the employment of the municipality as a police officer,

22  whereupon the legislative body of the municipality shall

23  choose a successor in the same manner as an original

24  appointment.  Each police officer may succeed himself or

25  herself in office. The board of trustees shall meet at least

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

27  entity with, in addition to other powers and responsibilities

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

29  every kind, nature, and description.

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

31  plans shall be as follows:

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  1         1.  If a municipality has a pension plan for police

  2  officers only, the provisions of paragraph (a) shall apply.

  3         2.  If a municipality has a pension plan for police

  4  officers and firefighters, the provisions of paragraph (a)

  5  shall apply, except that one member of the board shall be a

  6  police officer as defined in s. 185.02 and one member shall be

  7  a firefighter as defined in s. 175.032, respectively, elected

  8  by a majority of the active firefighters and police officers

  9  who are members of the plan.

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

11  July 1, 1997, which is combined with a plan for general

12  employees shall hold an election of the police officers, or

13  police officers and firefighters, if included, to determine

14  whether a plan is to be established for police officers only,

15  or for police officers and firefighters, where included.

16  Based on the election results, a new board shall be

17  established as provided in subparagraph 1. or 2., as

18  appropriate.  The newly established board shall take whatever

19  action is necessary to determine the amount of assets that is

20  attributable to police officers, or police officers and

21  firefighters, where included.  Such assets shall include all

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

23  behalf of police officers, or police officers and

24  firefighters, where included, and any investment income

25  derived from such contributions.  All such moneys shall be

26  transferred into the newly established retirement plan, as

27  directed by the board.

28

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

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

31

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  1  the reduction of the membership percentage of police officers

  2  or police officers and firefighters.

  3         (2)  The trustees shall by majority vote elect from its

  4  members a chair and a secretary.  The secretary of the board

  5  shall keep a complete minute book of the actions, proceedings,

  6  or hearings of the board. The trustees shall not receive any

  7  compensation as such, but may receive expenses and per diem as

  8  provided by Florida law.

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

10  quarterly each year.

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

12  which shall have, in addition to other powers and

13  responsibilities contained herein, the power to bring and

14  defend lawsuits of every kind, nature, and description.

15         (5)  In any judicial proceeding or administrative

16  proceeding under chapter 120 brought under or pursuant to the

17  provisions of this chapter, the prevailing party shall be

18  entitled to recover the costs thereof, together with

19  reasonable attorney's fees.

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

21  by a participating municipality operating a chapter or local

22  law plan under this chapter.

23         Section 47.  Section 185.06, Florida Statutes, is

24  amended to read:

25         185.06  General powers and duties of board of

26  trustees.--For any municipality, chapter plan, local law

27  municipality, or local law plan under this chapter:

28         (1)  The board of trustees may:

29         (a)  Invest and reinvest the assets of the retirement

30  trust fund in annuity and life insurance contracts of life

31  insurance companies in amounts sufficient to provide, in whole

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  1  or in part, the benefits to which all of the participants in

  2  the municipal police officers' retirement trust fund shall be

  3  entitled under the provisions of this chapter, and pay the

  4  initial and subsequent premiums thereon.

  5         (b)  Invest and reinvest the assets of the retirement

  6  trust fund in:

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

  8  state bank insured by the Bank Insurance Fund Federal Deposit

  9  Insurance Corporation, or a savings and loan association

10  insured by the Savings Association Insurance Fund which are

11  administered by the Federal Deposit Insurance Corporation

12  Federal Savings and Loan Insurance Corporation.

13         2.  Obligations of the United States or obligations

14  guaranteed as to principal and interest by the United States.

15         3.  Bonds issued by the State of Israel.

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

17  issued or guaranteed by a corporation organized under the laws

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

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

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

21  recognized national stock exchanges and holds a rating in one

22  of the three highest classifications by a major rating

23  service; and

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

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

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

27  any one issuing company exceed 5 percent of the outstanding

28  capital stock of the company or the aggregate of its

29  investments under this subparagraph at cost exceed 50 30

30  percent of the fund's assets.

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 has a

  3  duly enacted pension plan pursuant to, and in compliance with,

  4  s. 185.35 and the trustees thereof desire to vary the

  5  investment procedures herein, the trustees of such plan shall

  6  request a variance of the investment procedures as outlined

  7  herein only through a municipal ordinance or special act of

  8  the Legislature; where a special act, or a municipality by

  9  ordinance adopted prior to July 1, 1997 October 1, 1986,

10  permits a greater than 50-percent 30-percent equity

11  investment, such municipality shall not be required to comply

12  with the aggregate equity investment provisions of this

13  paragraph. Up to 10 percent of the plan's assets may be

14  invested in foreign investments without restrictions. The

15  money manager must, on a quarterly basis, disclose the ratings

16  of these investments to the Board of Trustees. Investments

17  shall not be made in any stocks, bonds, or other securities

18  owned or controlled by a government other than that of the

19  United States or of the several states.

20         (c)  Issue drafts upon the municipal police officers'

21  retirement trust fund pursuant to this act and rules and

22  regulations prescribed by the board of trustees.  All such

23  drafts shall be consecutively numbered, be signed by the chair

24  and secretary, and state upon their faces the purposes for

25  which the drafts are drawn.  The city treasurer or other

26  depository shall retain such drafts when paid, as permanent

27  vouchers for disbursements made, and no money shall otherwise

28  be drawn from the fund.

29         (d)  Finally decide all claims to relief under the

30  board's rules and regulations and pursuant to the provisions

31  of this act.

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  1         (e)  Convert into cash any securities of the fund.

  2         (f)  Keep a complete record of all receipts and

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

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

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

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

  7  any action in connection with his or her own participation in

  8  the fund, and no unfair discrimination shall be shown to any

  9  individual employee participating in the fund.

10         (3)  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 police officers employed by the municipality.  The

16  record shall show the name, address, and time of employment of

17  such police officer and when he or she ceases to be employed

18  by the municipality.

19         (4)(3)  The sole and exclusive administration of, and

20  the responsibilities for, the proper operation of the

21  retirement trust fund and for making effective the provisions

22  of this chapter are vested in the board of trustees; however,

23  nothing herein shall empower a board of trustees to amend the

24  provisions of a retirement plan without the approval of the

25  municipality. The board of trustees shall keep in convenient

26  form such data as shall be necessary for an actuarial

27  valuation of the retirement trust fund and for checking the

28  actual experience of the fund.

29         (5)(a)(4)  At least once every 3 years, the board of

30  trustees shall retain a professionally qualified an

31  independent consultant who shall professionally qualified to

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  1  evaluate the performance of any existing professional money

  2  manager and managers.  The independent consultant shall make

  3  recommendations to the board of trustees regarding the

  4  selection of money managers for the next investment term.

  5  These recommendations shall be considered by the board of

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

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

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

  9  of general circulation in the municipality at least 10 days

10  prior to the date of the hearing.

11         (b)  For the purpose of this subsection, a

12  "professionally qualified independent consultant" means a

13  consultant who, based on education and experience, is

14  professionally qualified to evaluate the performance of

15  professional money managers, and who, at a minimum:

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

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

18  manager for the pension fund.

19         3.  Makes calculations according to the American

20  Banking Institute method of calculating time-weighted rates of

21  return.

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

23  public sector.

24         (6)  To assist the board in meeting its

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

26  elects, may:

27         (a)  Employ independent legal counsel at the pension

28  fund's expense.

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

30  185.02(7), at the pension fund's expense.

31

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  1         (c)  Employ such independent professional, technical,

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

  3  expense.

  4

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

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

  7  other professional, technical, or other advisers, it shall do

  8  so only under terms and conditions acceptable to the board.

  9         Section 48.  Section 185.061, Florida Statutes, is

10  amended to read:

11         185.061  Use of annuity or insurance policies.--When

12  the board of trustees of any municipality, chapter plan, local

13  law municipality, or local law plan purchases annuity or life

14  insurance contracts to provide all or part of the benefits

15  promised by this chapter, the following principles shall be

16  observed:

17         (1)  Only those officers who have been members of the

18  retirement trust fund for 1 year or longer may be included in

19  the insured plan.

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

21  group insurance plan is not feasible.

22         (3)  Each application and policy shall designate the

23  pension fund as owner of the policy.

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

25  basis.

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

27  premium paid provides each individual with the maximum

28  retirement benefit at his or her earliest statutory normal

29  retirement age.

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

31

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  1         (a)  One hundred times the estimated normal monthly

  2  retirement income, based on the assumption that the present

  3  rate of compensation continues without change to normal

  4  retirement date, or

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

  6  date of termination of service, or

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

  8  retirement income (beginning at normal retirement date) at

  9  date of termination of service, whichever is greatest.

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

11  of insurance contract to separating officer shall be at least

12  equivalent to the return of the officer's contributions used

13  to purchase the contract.  An assignment of contract

14  discharges the municipality from all further obligation to the

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

16  contract may be less than the employee's contributions.

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

18  separate policies, or otherwise, that the separating officer

19  does not receive cash values and other benefits under the

20  policies assigned to the officer which exceed the present

21  value of his or her vested interest under the retirement plan,

22  inclusive of the officer's contribution to the plan, the

23  contributions by the state shall not be exhausted faster

24  merely because the method of funding adopted was through

25  insurance companies.

26         (9)  The police officer shall have the right at any

27  time to give the board of trustees written instructions

28  designating the primary and contingent beneficiaries to

29  receive death benefit or proceeds and the method of the

30  settlement of the death benefit or proceeds, or requesting a

31  change in the beneficiary, designation or method of settlement

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  1  previously made, subject to the terms of the policy or

  2  policies on the officer's life.  Upon receipt of such written

  3  instructions, the board of trustees shall take the necessary

  4  steps to effectuate the designation or change of beneficiary

  5  or settlement option.

  6         Section 49.  Section 185.07, Florida Statutes, is

  7  amended to read:

  8         185.07  Creation and maintenance of fund.--For any

  9  municipality, chapter plan, local law municipality, or local

10  law plan under this chapter:

11         (1)  The municipal police officers' retirement trust

12  fund in each municipality described in s. 185.03 shall be

13  created and maintained in the following manner:

14         (a)  By the net proceeds of the .85-percent excise tax

15  which may be imposed by the respective cities and towns upon

16  certain casualty insurance companies on their gross receipts

17  of premiums from holders of policies, which policies cover

18  property within the corporate limits of such municipalities,

19  as is hereinafter expressly authorized.

20         (b)  Except as reduced or increased contributions are

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

22  percent of the salary of each full-time police officer duly

23  appointed and enrolled as a member of such police department,

24  which 5 percent shall be deducted by the municipality from the

25  compensation due to the police officer and paid over to the

26  board of trustees of the retirement trust fund wherein such

27  police officer is employed, provided that no deductions shall

28  be made after an officer has passed his or her normal

29  retirement date.  No police officer shall have any right to

30  the said money so paid into the said fund except as provided

31  in this chapter.

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

  2  from any police officer because of the violation of any rule

  3  adopted and regulation promulgated by the board of trustees.

  4         (d)  By payment by the municipality or other sources of

  5  a sum equal to the normal cost and the amount required to fund

  6  over a 40-year basis any actuarial deficiency shown by a

  7  triennial quinquennial actuarial valuation as provided in part

  8  VII of chapter 112.  The first such actuarial valuation shall

  9  be conducted for the calendar year ending December 31, 1963.

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

11  for the fund.

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

13  or dividends on bank deposits or otherwise.

14         (g)  By all other sources of income now or hereafter

15  authorized by law for the augmentation of such municipal

16  police officers' retirement trust fund.

17         (2)  Member contribution rates may be adjusted as

18  follows:

19         (a)  The employing municipality, by local ordinance,

20  may elect to make an employee's contributions.  However, under

21  no circumstances may a municipality reduce the member

22  contribution to less than one-half of 1 percent of salary.

23         (b)  Member contributions may be increased by majority

24  consent of the members of the fund to provide greater

25  benefits.

26

27  Nothing in this section shall be construed to require

28  adjustment of member contribution rates in effect on the date

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

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

31  percent of salary.

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  1         Section 50.  Section 185.08, Florida Statutes, is

  2  amended to read:

  3         185.08  State excise tax on casualty insurance premiums

  4  authorized; procedure.--For any municipality, chapter plan,

  5  local law municipality, or local law plan under this chapter:

  6         (1)  Each incorporated municipality in this state

  7  described and classified in s. 185.03, as well as each other

  8  city or town of this state which on July 31, 1953, had a

  9  lawfully established municipal police officers' retirement

10  trust fund or city fund, by whatever name known, providing

11  pension or relief benefits to police officers as provided

12  under this chapter by whatever name known, may assess and

13  impose on every insurance company, corporation, or other

14  insurer now engaged in or carrying on, or who shall hereafter

15  engage in or carry on, the business of casualty insurance as

16  shown by records of the Department of Insurance, an excise tax

17  in addition to any lawful license or excise tax now levied by

18  each of the said municipalities, respectively, amounting to

19  .85 percent of the gross amount of receipts of premiums from

20  policyholders on all premiums collected on casualty insurance

21  policies covering property within the corporate limits of such

22  municipalities, respectively. The tax shall apply to all

23  insurers, whether authorized or not, transacting business in

24  this state.

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

26  single premium for both property and casualty coverages in

27  such policies, 30 percent of such premium shall be used as the

28  basis for the .85-percent tax above.

29         (3)  The Said excise tax shall be payable annually

30  March 1 of each year after the passing of an ordinance

31  assessing and imposing the tax herein authorized.

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  1  Installments of taxes shall be paid according to the

  2  provisions of s. 624.5092(2)(a), (b), and (c).

  3         Section 51.  Section 185.09, Florida Statutes, is

  4  amended to read:

  5         185.09  Report of premiums paid; date tax payable.--For

  6  any municipality, chapter plan, local law municipality, or

  7  local law plan under this chapter, whenever any municipality

  8  passes an ordinance establishing a chapter plan or local law

  9  plan and assessing and imposing the tax authorized in s.

10  185.08, a certified copy of such ordinance shall be deposited

11  with the division; and thereafter every insurance company,

12  corporation, or other insurer carrying on the business of

13  casualty insuring, on or before the succeeding March 1 after

14  date of the passage of the ordinance, shall report fully in

15  writing to the division and the Department of Revenue a just

16  and true account of all premiums received by such insurer for

17  casualty insurance policies covering or insuring any property

18  located within the corporate limits of such municipality

19  during the period of time elapsing between the date of the

20  passage of the ordinance and the end of the calendar year

21  succeeding March 1. The aforesaid insurer shall annually

22  thereafter, on March 1, file with the division and the

23  Department of Revenue a similar report covering the preceding

24  year's premium receipts.  Every such insurer shall, at the

25  time of making such report, pay to the Department of Revenue

26  the amount of the tax heretofore mentioned. Every insurer

27  engaged in carrying on a general casualty insurance business

28  in the state shall keep accurate books of account of all such

29  business done by it within the limits of such incorporated

30  municipality in such a manner as to be able to comply with the

31  provisions of this chapter.  Based on the insurers' reports of

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  1  premium receipts, the division shall prepare a consolidated

  2  premium report and shall furnish to any municipality

  3  requesting the same a copy of the relevant section of that

  4  report.

  5         Section 52.  Section 185.10, Florida Statutes, is

  6  amended to read:

  7         185.10  Department of Revenue and Division of

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

  9  any municipality having a chapter plan or local law plan under

10  this chapter:

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

12  account of all moneys collected for each municipality under

13  the provisions of this chapter. All moneys so collected must

14  be transferred to the Police and Firefighters' Premium Tax

15  Trust Fund and shall be separately accounted for by the

16  division. The moneys budgeted as necessary to pay the expenses

17  of the division for the daily oversight and monitoring of the

18  police officers' retirement plans under this chapter and for

19  the oversight and actuarial reviews conducted under part VII

20  of chapter 112 are annually appropriated from the interest and

21  investment income earned on the moneys collected for each

22  municipality or special fire control district and deposited in

23  the Police and Firefighters' Premium Tax Trust Fund. Interest

24  and investment income remaining thereafter in the trust fund

25  which is unexpended and otherwise unallocated by law shall

26  revert to the General Revenue Fund on June 30 of each year.

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

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

29  draw his or her warrants on the full net amount of money then

30  on deposit pursuant to this chapter in the Police and

31  Firefighters' Premium Tax Trust Fund, specifying the

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  1  municipalities to which the moneys must be paid and the net

  2  amount collected for and to be paid to each municipality,

  3  respectively. The sum payable to each municipality is

  4  appropriated annually out of the Police and Firefighters'

  5  Premium Tax Trust Fund.  The warrants of the Comptroller shall

  6  be payable to the respective municipalities entitled to

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

  8  the respective municipalities. In order for a municipality and

  9  its retirement fund to participate in the distribution of

10  premium tax moneys under this chapter, all the provisions

11  shall be complied with annually, including state acceptance

12  pursuant to part VII of chapter 112.

13         Section 53.  Section 185.11, Florida Statutes, is

14  amended to read:

15         185.11  Funds received by municipalities, deposit in

16  retirement trust fund.--For any municipality, chapter plan,

17  local law municipality, or local law plan under this chapter,

18  all state and other funds received by any municipality under

19  the provisions of this chapter shall be deposited by the said

20  municipality immediately, and under no circumstances more than

21  5 days after receipt, with the board of trustees.  Employee

22  contributions, however, which are withheld by the employer on

23  behalf of an employee member shall be deposited immediately

24  after each pay period with the board of trustees of the

25  municipal police officers' retirement trust fund. Employer

26  contributions shall be deposited at least quarterly at least

27  monthly.

28         Section 54.  Section 185.12, Florida Statutes, is

29  amended to read:

30         185.12  Payment of excise tax credit on similar state

31  excise or license tax.--The tax herein authorized shall in

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  1  nowise be additional to the similar state excise or license

  2  tax imposed by part IV, chapter 624, but the payor of the tax

  3  hereby authorized shall receive credit therefor on his or her

  4  said state excise or license tax and the balance of said state

  5  excise or license tax shall be paid to the Department of

  6  Revenue Insurance Commissioner and Treasurer as is now

  7  provided by law.

  8         Section 55.  Section 185.13, Florida Statutes, is

  9  amended to read:

10         185.13  Failure of insurer to comply with chapter;

11  penalty.--Should any insurance company, corporation or other

12  insurer fail to comply with the provisions of this chapter, on

13  or before March 1 in each year as herein provided, the

14  certificate of authority issued to said insurance company,

15  corporation or other insurer to transact business in this

16  state may be canceled and revoked by the Department of

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

18  corporation or other insurer to transact any business

19  thereafter in this state unless such insurance company,

20  corporation or other insurer shall be granted a new

21  certificate of authority to transact business in this state,

22  in compliance with provisions of law authorizing such

23  certificate of authority to be issued. The division shall be

24  responsible for notifying the Department of Insurance

25  regarding any such failure to comply.

26         Section 56.  Section 185.14, Florida Statutes, is

27  repealed.

28         Section 57.  Section 185.15, Florida Statutes, is

29  repealed.

30         Section 58.  Section 185.16, Florida Statutes, is

31  amended to read:

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  1         185.16  Requirements for retirement.--For any

  2  municipality, chapter plan, local law municipality, or local

  3  law plan under this chapter, any police officer who completes

  4  10 or more years of creditable service as a police officer and

  5  attains age 55, or completes 25 years of creditable service as

  6  a police officer and attains age 52, and for such period has

  7  been a member of the retirement fund is eligible for normal

  8  retirement benefits.  Normal retirement under the plan is

  9  retirement from the service of the city on or after the normal

10  retirement date.  In such event, for chapter plans and local

11  law plans, payment of retirement income will be governed by

12  the following provisions of this section:

13         (1)  The normal retirement date of each police officer

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

15  following the date on which the police officer has completed

16  10 or more years of creditable service and attained age 55 or

17  completed 25 years of creditable service and attained age 52.

18  A police officer who retires after his or her normal

19  retirement date will upon actual retirement be entitled to

20  receive the same amount of monthly retirement income that the

21  police officer would have received had he or she retired on

22  his or her normal retirement date.

23         (2)  The amount of the monthly retirement income

24  payable to a police officer who retires on or after his or her

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

26  of the police officer's years of credited service multiplied

27  by 2 percent of his or her average final compensation.

28  However, if current state contributions pursuant to this

29  chapter are not adequate to fund the additional benefits to

30  meet the minimum requirements in this chapter, only increment

31  increases shall be required as state moneys are adequate to

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  1  provide.  Such increments shall be provided as state moneys

  2  become available.  The retirement income will be reduced for

  3  moneys received under the disability provisions of this

  4  chapter. Pursuant to a local ordinance adopted by the

  5  governing body of the municipality or special act of the

  6  Legislature, any plan may provide a benefit accrual rate that

  7  is higher than the minimum 2-percent credit for each year of

  8  service required under this chapter.

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

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

11  month.  The first payment will be made on the police officer's

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

13  coincident with or next following the police officer's actual

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

15  due next preceding the police officer's death; except that, in

16  the event the police officer dies after retirement but before

17  receiving retirement benefits for a period of 10 years, the

18  same monthly benefit will be paid to the beneficiary (or

19  beneficiaries) as designated by the police officer for the

20  balance of such 10-year period, or, if no beneficiary is

21  designated, to the surviving spouse, descendants, heirs at

22  law, or estate of the police officer, as provided in s.

23  185.162.  If a police officer continues in the service of the

24  city beyond his or her normal retirement date and dies prior

25  to the date of actual retirement, without an option made

26  pursuant to s. 185.161 being in effect, monthly retirement

27  income payments will be made for a period of 10 years to a

28  beneficiary (or beneficiaries) designated by the police

29  officer as if the police officer had retired on the date on

30  which death occurred, or, if no beneficiary is designated, to

31

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  1  the surviving spouse, descendants, heirs at law, or estate of

  2  the police officer, as provided in s. 185.162.

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

  4  the service of the city, with the consent of the city, as of

  5  the first day of any calendar month which is prior to the

  6  police officer's normal retirement date but subsequent to the

  7  date as of which the police officer has both attained the age

  8  of 50 years and completed 10 years of contributing service.

  9  In the event of early retirement, payment of retirement income

10  will be governed as follows:

11         (a)  The early retirement date shall be the first day

12  of the calendar month coincident with or immediately following

13  the date a police officer retires from the service of the city

14  under the provisions of this section prior to his or her

15  normal retirement date.

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

17  a police officer who retires prior to his or her normal

18  retirement date under the provisions of this section shall be

19  an amount computed as described in subsection (2), taking into

20  account his or her credited service to the date of actual

21  retirement and his or her final monthly compensation as of

22  such date, such amount of retirement income to be actuarially

23  reduced to take into account the police officer's younger age

24  and the earlier commencement of retirement income payments.

25  In no event shall the early retirement reduction exceed 3

26  percent for each year by which the member's age at retirement

27  preceded the member's normal retirement age.

28         (c)  The retirement income payable in the event of

29  early retirement will be payable on the first day of each

30  month. The first payment will be made on the police officer's

31  early retirement date and the last payment will be the payment

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  1  due next preceding the retired police officer's death; except

  2  that, in the event the police officer dies before receiving

  3  retirement benefits for a period of 10 years, the same monthly

  4  benefit will be paid to the beneficiary designated by the

  5  police officer for the balance of such 10-year period, or, if

  6  no designated beneficiary is surviving, the same monthly

  7  benefit for the balance of such 10-year period shall be

  8  payable as provided in s. 185.162.

  9         Section 59.  Section 185.161, Florida Statutes, is

10  amended to read:

11         185.161  Optional forms of retirement income.--For any

12  municipality, chapter plan, local law municipality, or local

13  law plan under this chapter:

14         (1)(a)  In lieu of the amount and form of retirement

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

16  specified in s. 185.16, a police officer, upon written request

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

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

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

20  commencement of retirement income or if such request is made

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

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

23  may elect to receive a retirement income or benefit of

24  equivalent actuarial value payable in accordance with one of

25  the following options:

26         1.  A retirement income of larger monthly amount,

27  payable to the police officer for his or her lifetime only.

28         2.  A retirement income of a modified monthly amount,

29  payable to the police officer during the joint lifetime of the

30  police officer and a joint pensioner designated by the police

31  officer, and following the death of either of them, 100

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

  2  monthly amount payable to the survivor for the lifetime of the

  3  survivor.

  4         3.  Such other amount and form of retirement payments

  5  or benefit as, in the opinion of the board of trustees, will

  6  best meet the circumstances of the retiring police officer.

  7         (b)  The police officer upon electing any option of

  8  this section will designate the joint pensioner or beneficiary

  9  (or beneficiaries) to receive the benefit, if any, payable

10  under the plan in the event of the police officer's death, and

11  will have the power to change such designation from time to

12  time but any such change shall be deemed a new election and

13  will be subject to approval by the pension committee.  Such

14  designation will name a joint pensioner or one or more primary

15  beneficiaries where applicable.  If a police officer has

16  elected an option with a joint pensioner or beneficiary and

17  his or her retirement income benefits have commenced, he or

18  she may thereafter change the designated joint pensioner or

19  beneficiary but only if the board of trustees consents to such

20  change and if the joint pensioner last previously designated

21  by the police officer is alive when he or she files with the

22  board of trustees a request for such change.  The consent of a

23  police officer's joint pensioner or beneficiary to any such

24  change shall not be required.  The board of trustees may

25  request such evidence of the good health of the joint

26  pensioner that is being removed as it may require and the

27  amount of the retirement income payable to the police officer

28  upon the designation of a new joint pensioner shall be

29  actuarially redetermined taking into account the ages and sex

30  of the former joint pensioner, the new joint pensioner, and

31  the police officer. Each such designation will be made in

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  1  writing on a form prepared by the board of trustees, and on

  2  completion will be filed with the board of trustees.  In the

  3  event that no designated beneficiary survives the police

  4  officer, such benefits as are payable in the event of the

  5  death of the police officer subsequent to his or her

  6  retirement shall be paid as provided in s. 185.162.

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

  8  option elected in accordance with the provisions of this

  9  section and shall be subject to the following limitations:

10         (a)  If a police officer dies prior to his or her

11  normal retirement date or early retirement date, whichever

12  first occurs, no benefit will be payable under the option to

13  any person, but the benefits, if any, will be determined under

14  s. 185.21.

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

16  or joint pensioner dies before the police officer's retirement

17  under the plan, the option elected will be canceled

18  automatically and a retirement income of the normal form and

19  amount will be payable to the police officer upon his or her

20  retirement as if the election had not been made, unless a new

21  election is made in accordance with the provisions of this

22  section or a new beneficiary is designated by the police

23  officer prior to his or her retirement and within 90 days

24  after the death of the beneficiary.

25         (c)  If both the retired police officer and the

26  designated beneficiary (or beneficiaries) die before the full

27  payment has been effected under any option providing for

28  payments for a period certain and life thereafter, made

29  pursuant to the provisions of subparagraph (1)(a)3., the board

30  of trustees may, in its discretion, direct that the commuted

31

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  1  value of the remaining payments be paid in a lump sum and in

  2  accordance with s. 185.162.

  3         (d)  If a police officer continues beyond his or her

  4  normal retirement date pursuant to the provisions of s.

  5  185.16(1) and dies prior to actual retirement and while an

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

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

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

  9  beneficiary (or beneficiaries) designated by the police

10  officer in the amount or amounts computed as if the police

11  officer had retired under the option on the date on which

12  death occurred.

13         (3)  No police officer may make any change in his or

14  her retirement option after the date of cashing or depositing

15  his or her first retirement check.

16         Section 60.  Section 185.162, Florida Statutes, is

17  amended to read:

18         185.162  Beneficiaries.--For any municipality, chapter

19  plan, local law municipality, or local law plan under this

20  chapter:

21         (1)  Each police officer may, on a form, provided for

22  that purpose, signed and filed with the board of trustees,

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

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

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

26  of the police officer's death, and each designation may be

27  revoked by such police officer by signing and filing with the

28  board of trustees a new designation or beneficiary form.

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

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

31  member survives him or her a deceased police officer failed to

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  1  name a beneficiary in the manner above prescribed, or if the

  2  beneficiary (or beneficiaries) named by a deceased police

  3  officer predeceases the police officer, the death benefit, if

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

  5  deceased police officer shall may be paid by, in the

  6  discretion of the board of trustees, either to:

  7         (a)  Any one or more of the persons comprising the

  8  group consisting of the police officer's spouse, the police

  9  officer's descendants, the police officer's parents, or the

10  police officer's heirs at law, and the board of trustees may

11  pay the entire benefit to any member of such group or

12  apportion such benefit among any two or more of them in such

13  shares as the board of trustees, in its sole discretion, shall

14  determine, or

15         (b)  the estate of such deceased police officer,

16  provided that in any of such cases the board of trustees, in

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

18  remaining monthly income payments be paid in a lump sum. Any

19  payment made to any person pursuant to this subsection the

20  power and discretion conferred upon the board of trustees by

21  the preceding sentence shall operate as a complete discharge

22  of all obligations under the plan with regard to such deceased

23  police officer and shall not be subject to review by anyone,

24  but shall be final, binding and conclusive on all persons ever

25  interested hereunder.

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

27  contrary, the surviving spouse of any pension participant

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

29  retirement benefits if the spouse remarries. The surviving

30  spouse of such deceased member whose benefit terminated

31  because of remarriage shall have the benefit reinstated as of

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

  2  such benefit not been terminated. This paragraph shall apply

  3  to all municipalities which receive state excise tax moneys as

  4  provided in s. 185.08.

  5         Section 61.  Section 185.18, Florida Statutes, is

  6  amended to read:

  7         185.18  Disability retirement.--For any municipality,

  8  chapter plan, local law municipality, or local law plan under

  9  this chapter:

10         (1)  A police officer having 10 or more years of

11  credited service, or a police officer who becomes totally and

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

13  of service, and having contributed to the municipal police

14  officers' retirement trust fund for 10 years or more may

15  retire from the service of the city under the plan if, prior

16  to the police officer's normal retirement date, he or she

17  becomes totally and permanently disabled as defined in

18  subsection (2) by reason of any cause other than a cause set

19  out in subsection (3) on or after the effective date of the

20  plan.  Such retirement shall herein be referred to as

21  disability retirement. The provisions for disability other

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

23  has reached early or normal retirement age.

24         (2)  A police officer will be considered totally

25  disabled if, in the opinion of the board of trustees, he or

26  she is wholly prevented from rendering useful and efficient

27  service as a police officer; and a police officer will be

28  considered permanently disabled if, in the opinion of the

29  board of trustees, such police officer is likely to remain so

30  disabled continuously and permanently from a cause other than

31  as specified in subsection (3).

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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 shall be examined

22  periodically by a duly qualified physician or surgeon or board

23  of physicians and surgeons to be selected by the board of

24  trustees for that purpose, to determine if such disability has

25  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, 1996

22  Supplement, is 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, as

30  amended by section 952 of chapter 95-147, Laws of Florida, is

31  repealed.

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  1         Section 70.  Section 185.29, Florida Statutes, as

  2  amended by section 953 of chapter 95-147, Laws of Florida, is

  3  repealed.

  4         Section 71.  Section 185.30, Florida Statutes, is

  5  amended to read:

  6         185.30  Depository for retirement fund.--For any

  7  municipality, chapter plan, local law municipality, or local

  8  law plan under this chapter, all funds and securities of the

  9  municipal police officers' retirement trust fund of any

10  municipality, chapter plan, local law municipality, or local

11  law plan under this chapter may be deposited by the board of

12  trustees with the treasurer of the municipality acting in a

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

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

15  safekeeping of funds for the municipality.  However, any funds

16  and securities so deposited with the treasurer of the

17  municipality shall be kept in a separate fund by the municipal

18  treasurer or clearly identified as such funds and securities

19  of the municipal police officers' retirement trust fund.  In

20  lieu thereof, the board of trustees shall deposit the funds

21  and securities of the municipal police officers' retirement

22  trust fund in a qualified public depository as defined in s.

23  280.02, which depository with regard to such funds and

24  securities shall conform to and be bound by all of the

25  provisions of chapter 280.

26         Section 72.  Section 185.31, Florida Statutes, is

27  amended to read:

28         185.31  Municipalities and boards independent of other

29  municipalities and boards and of each other.--In the

30  enforcement and in the interpretation of the provisions of

31  this chapter for any municipality, chapter plan, local law

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  1  municipality, or local law plan under this chapter, each

  2  municipality shall be independent of any other municipality,

  3  and the board of trustees of the municipal police officers'

  4  retirement trust fund of each municipality shall function for

  5  the municipality which they are to serve as trustees. Each

  6  board of trustees shall be independent of each municipality

  7  for which it serves as board of trustees to the extent

  8  required to accomplish the intent, requirements, and

  9  responsibilities provided for in this chapter.

10         Section 73.  Section 185.32, Florida Statutes, is

11  repealed.

12         Section 74.  Section 185.34, Florida Statutes, is

13  amended to read:

14         185.34  Disability in line of duty.--For any

15  municipality, chapter plan, local law municipality, or local

16  law plan under this chapter, any condition or impairment of

17  health of any and all police officers employed in the state

18  caused by tuberculosis, hypertension, heart disease, or

19  hardening of the arteries, resulting in total or partial

20  disability or death, shall be presumed to be accidental and

21  suffered in line of duty unless the contrary be shown by

22  competent evidence.  Any condition or impairment of health

23  caused directly or proximately by exposure, which exposure

24  occurred in the active performance of duty at some definite

25  time or place without willful negligence on the part of the

26  police officer, resulting in total or partial disability,

27  shall be presumed to be accidental and suffered in the line of

28  duty, provided that such police officer shall have

29  successfully passed a physical examination upon entering such

30  service, which physical examination including

31  electrocardiogram failed to reveal any evidence of such

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  1  condition, and, further, that such presumption shall not apply

  2  to benefits payable under or granted in a policy of life

  3  insurance or disability insurance.  This section shall be

  4  applicable to all police officers employed in this state only

  5  with reference to pension and retirement benefits under this

  6  chapter.

  7         Section 75.  Section 185.341, Florida Statutes, is

  8  amended to read:

  9         185.341  Discrimination in benefit formula prohibited;

10  restrictions regarding designation of joint annuitants.--For

11  any municipality, chapter plan, local law municipality, or

12  local law plan under this chapter:

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

14  chapter and participating in the distribution of premium tax

15  moneys as provided in this chapter shall discriminate in its

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

17  marital status.; however,

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

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

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

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

22  both of these cases, after retirement the benefits have

23  commenced, a retired member may change the designation of

24  joint annuitant or beneficiary only twice.

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

26  the joint annuitant or beneficiary, he or she shall file with

27  the board of trustees of his or her plan a notarized notice of

28  such change either by registered letter or on such a form as

29  is provided by the administrator of the plan. Upon receipt of

30  a completed change of joint annuitant form or such other

31  notice, the board of trustees shall adjust the member's

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  1  monthly benefit by the application of actuarial tables and

  2  calculations developed to ensure that the benefit paid is the

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

  4  current benefit.  Nothing herein shall preclude a plan from

  5  actuarially adjusting benefits or offering options based upon

  6  sex, age, early retirement, or disability.

  7         Section 76.  Section 185.35, Florida Statutes, is

  8  amended to read:

  9         185.35  Municipalities having their own pension plans

10  for police officers.--For any municipality, chapter plan,

11  local law municipality, or local law plan under this chapter,

12         (1)  in order for municipalities with their own pension

13  plans for police officers or for police officers and

14  firefighters, where included, other employees to participate

15  in the distribution of the tax fund established pursuant to s.

16  in ss. 185.07, 185.08, local law plans and 185.09, their

17  retirement funds must meet the minimum benefits and standards

18  set forth in this chapter each of the following 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 standards set forth in this chapter, the

23  board of trustees of the pension plan, as approved by a

24  majority of police officers of the municipality, may:

25         (a)  Place the income from the premium tax in s. 185.08

26  in such pension plan for the sole and exclusive use of its

27  police officers, or its police officers and firefighters,

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

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

30  police officers included in that pension plan; or

31

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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. Copies of

  2  the proposed plan or proposed plan change and the actuarial

  3  impact statement of the proposed plan or proposed plan change

  4  shall be furnished to the division for approval prior to the

  5  last public hearing thereon.  Such statement shall also

  6  indicate whether the proposed plan or proposed plan change is

  7  in compliance with s. 14, Art. X of the State Constitution and

  8  those provisions of part VII of chapter 112 which are not

  9  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)  The retirement plan setting forth the benefits and

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

23  responsibilities of the trustees and the regulations of the

24  investment of funds must be in writing and copies made

25  available to the participants and to the general public.

26         (4)(a)  The membership of the board of trustees for

27  pension plans operated pursuant to this section shall be as

28  follows:

29         1.  If a municipality has a pension plan for police

30  officers only, the provisions of s. 185.05 shall apply.

31

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  1         2.  If a municipality has a pension plan for police

  2  officers and firefighters, the provisions of s. 185.05 shall

  3  apply, except that two members of the board shall be police

  4  officers or firefighters who shall be elected by a majority of

  5  the police officers and firefighters who are members of the

  6  plan.

  7         3.  If a municipality has a pension plan for police

  8  officers and general employees, at least one member of the

  9  board shall be a police officer who shall be elected by a

10  majority of the police officers who are members of the plan.

11         4.  If a municipality has a pension plan for police

12  officers, firefighters, and general employees, at least one

13  member of the board shall be a police officer or firefighter

14  who shall be elected by a majority of the police officers and

15  firefighters who are members of the plan.

16         (b)  Nothing in this section shall permit the reduction

17  of the membership percentage of police officers, or police

18  officers and firefighters where a joint or mixed fund exists,

19  on any board of trustees operating a pension plan pursuant to

20  this section on June 30, 1986.

21         (5)  The provisions of this section and s. 185.05 may

22  not be changed by a participating municipality operating a

23  pension plan pursuant to this section.

24         Section 77.  Section 185.36, Florida Statutes, is

25  repealed.

26         Section 78.  Section 185.37, Florida Statutes, is

27  amended to read:

28         185.37  Termination of plan and distribution of

29  fund.--For any municipality, chapter plan, local law

30  municipality, or local law plan under this chapter, the plan

31  may be terminated by the municipality. Upon termination of the

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  1  plan by the municipality for any reason, or because of a

  2  transfer, merger, or consolidation of governmental units,

  3  services, or functions as provided in chapter 121, or upon

  4  written notice to the board of trustees by the municipality

  5  that contributions under the plan are being permanently

  6  discontinued, the rights of all employees to benefits accrued

  7  to the date of such termination or discontinuance, to the

  8  extent then funded, or the amounts credited to the employees'

  9  accounts are nonforfeitable and the fund shall be apportioned

10  and distributed in accordance with the following procedures:

11         (1)  The board of trustees shall determine the date of

12  distribution and the asset value to be distributed, after

13  taking into account the expenses of such distribution.

14         (2)  The board of trustees shall determine the method

15  of distribution of the asset value, that is, whether

16  distribution shall be by payment in cash, by the maintenance

17  of another or substituted trust fund, by the purchase of

18  insured annuities, or otherwise, for each police officer

19  entitled to benefits under the plan, as specified in

20  subsection (3).

21         (3)  The board of trustees shall apportion the asset

22  value as of the date of termination in the manner set forth in

23  this subsection, on the basis that the amount required to

24  provide any given retirement income shall mean the actuarially

25  computed single-sum value of such retirement income, except

26  that if the method of distribution determined under subsection

27  (2) involves the purchase of an insured annuity, the amount

28  required to provide the given retirement income shall mean the

29  single premium payable for such annuity.

30         (a)  Apportionment shall first be made in respect of

31  each retired police officer receiving a retirement income

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  1  hereunder on such date, each person receiving a retirement

  2  income on such date on account of a retired (but since

  3  deceased) police officer, and each police officer who has, by

  4  such date, become eligible for normal retirement but has not

  5  yet retired, in the amount required to provide such retirement

  6  income, provided that, if such asset value is less than the

  7  aggregate of such amounts, such amounts shall be

  8  proportionately reduced so that the aggregate of such reduced

  9  amounts will be equal to such asset value.

10         (b)  If there is any asset value remaining after the

11  apportionment under paragraph (a), apportionment shall next be

12  made in respect of each police officer in the service of the

13  municipality on such date who has completed at least 10 years

14  of credited service, in who has contributed to the municipal

15  police officers' retirement trust fund for at least 10 years,

16  and who is not entitled to an apportionment under paragraph

17  (a), in the amount required to provide the actuarial

18  equivalent of the accrued normal retirement income, based on

19  the police officer's credited service and earnings to such

20  date, and each former participant then entitled to a benefit

21  under the provisions of s. 185.19 who has not by such date

22  reached his or her normal retirement date, in the amount

23  required to provide the actuarial equivalent of the accrued

24  normal retirement income to which he or she is entitled under

25  s. 185.19, provided that, if such remaining asset value is

26  less than the aggregate of the amounts apportioned hereunder,

27  such latter amounts shall be proportionately reduced so that

28  the aggregate of such reduced amounts will be equal to such

29  remaining asset value.

30         (c)  If there is an asset value after the

31  apportionments under paragraphs (a) and (b), apportionment

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  1  shall lastly be made in respect of each police officer in the

  2  service of the municipality on such date who is not entitled

  3  to an apportionment under paragraphs (a) and (b) in the amount

  4  equal to the police officer's total contributions to the plan

  5  to date of termination, provided that, if such remaining asset

  6  value is less than the aggregate of the amounts apportioned

  7  hereunder, such latter amounts shall be proportionately

  8  reduced so that the aggregate of such reduced amounts will be

  9  equal to such remaining asset value.

10         (d)  In the event that there is asset value remaining

11  after the full apportionment specified in paragraphs (a), (b),

12  and (c), such excess shall be returned to the municipality,

13  less return to the state of the state's contributions,

14  provided that, if the excess is less than the total

15  contributions made by the municipality and the state to date

16  of termination of the plan, such excess shall be divided

17  proportionately to the total contributions made by the

18  municipality and the state.

19         (4)  The board of trustees shall distribute, in

20  accordance with the manner of distribution determined under

21  subsection (2), the amounts apportioned under subsection (3).

22

23  If, after a period of 24 months after the date on which the

24  plan terminated or the date on which the board received

25  written notice that the contributions thereunder were being

26  permanently discontinued, the municipality or the board of

27  trustees of the municipal police officers' retirement trust

28  fund affected has not complied with all the provisions in this

29  section, the division shall effect the termination of the fund

30  in accordance with this section.

31

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  1         Section 79.  Section 185.38, Florida Statutes, is

  2  amended to read:

  3         185.38  Transfer to another state retirement system;

  4  benefits payable.--For any municipality, chapter plan, local

  5  law municipality, or local law plan under this chapter:

  6         (1)  Any police officer who has a vested right to

  7  benefits under a pension plan created pursuant to the

  8  provisions of this chapter and who elects to participate in

  9  another state retirement system may not receive a benefit

10  under the provisions of the latter retirement system for any

11  year's service for which benefits are paid under the

12  provisions of the pension plan created pursuant to this

13  chapter.

14         (2)  When every active participant in any pension plan

15  created pursuant to this chapter elects to transfer to another

16  state retirement system, the pension plan created pursuant to

17  this chapter shall be terminated and the assets distributed in

18  accordance with s. 185.37.  If some participants in a pension

19  plan created pursuant to this chapter elect to transfer to

20  another state retirement system and other participants elect

21  to remain in the existing plan created pursuant to this

22  chapter, the plan created pursuant to this chapter shall

23  remain in effect until fully funded and shall then be

24  terminated in accordance with s. 185.37.

25         Section 80.  Section 185.39, Florida Statutes, is

26  amended to read:

27         (Substantial rewording of section.  See

28         s. 185.39, F.S., for present text.)

29         185.39  Applicability.--This act applies to all

30  municipalities, chapter plans, local law municipalities, or

31  local law plans presently existing or to be created pursuant

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  1  to this chapter.  Those plans presently existing pursuant to

  2  s. 185.35 and not in compliance with the provisions of this

  3  act must comply no later than December 31, 1997.  However, the

  4  plan sponsor of any plan established by special act of the

  5  Legislature shall have until July 1, 1998, to comply with the

  6  provisions of this act, except as otherwise provided in this

  7  act with regard to establishment and election of board

  8  members.  The provisions of this act shall be construed to

  9  establish minimum standards and benefit levels, and nothing

10  contained in this act or in chapter 185 shall operate to

11  reduce presently existing rights or benefits of any police

12  officer, directly, indirectly, or otherwise.

13         Section 81.  Section 185.40, Florida Statutes, is

14  repealed.

15         Section 82.  Section 185.50, Florida Statutes, is

16  amended to read:

17         185.50  Retiree health insurance subsidy.--For any

18  municipality, chapter plan, local law municipality, or local

19  law plan under this chapter, under the broad grant of home

20  rule powers under the Florida Constitution and chapter 166,

21  municipalities have the authority to establish and administer

22  locally funded health insurance subsidy programs. Pursuant

23  thereto:

24         (1)  PURPOSE.--The purpose of this section is to allow

25  municipalities the option to use premium tax moneys, as

26  provided for under this chapter, to establish and administer

27  health insurance subsidy programs which will provide a monthly

28  subsidy payment to retired members of any municipal police

29  officers' pension trust fund system or plan as provided under

30  this chapter, or to beneficiaries who are spouses or financial

31  dependents entitled to receive benefits under such a plan, in

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  1  order to assist such retired members or beneficiaries in

  2  paying the costs of health insurance.

  3         (2)  MUNICIPAL RETIREE HEALTH INSURANCE SUBSIDY TRUST

  4  FUNDS; ESTABLISHMENT AND TERMINATION.--

  5         (a)  Any municipality having a municipal police

  6  officers' pension trust fund system or plan as provided under

  7  this chapter may, in its discretion, establish by ordinance a

  8  trust fund to be known as the municipal police officers'

  9  retiree health insurance subsidy trust fund.  This fund may be

10  a separate account established for such purpose in the

11  existing municipal police officers' pension fund, provided

12  that all funds deposited in such account are segregated from,

13  and not commingled with, pension funds or other public moneys

14  and that the account otherwise conforms to the requirements of

15  subsection (8). The trust fund shall be used to account for

16  all moneys received and disbursed pursuant to this section.

17         (b)  Prior to the second reading of the ordinance

18  before the municipal legislative body, an actuarial valuation

19  must be performed by an enrolled actuary as defined in s.

20  185.02, and copies of the valuation and the proposed

21  implementing ordinance shall be furnished to the division.

22         (c)  The subsidy program may, at the discretion of the

23  municipal governing body, be permanently discontinued by

24  municipal ordinance at any time, subject to the requirements

25  of any applicable collective bargaining agreement, in the same

26  manner and subject to the same conditions established for plan

27  termination and fund distribution under s. 185.37.

28         (3)  FUNDING.--Trust funds established pursuant to this

29  section shall be funded in the following manner:

30         (a)  By payment to the fund of an amount equivalent to

31  one-half of the net increase over the previous tax year in the

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  1  premium tax funds provided for in this chapter, said amount to

  2  be established in the implementing ordinance.

  3         (b)  By no less than one-half of 1 percent of the base

  4  salary of each police officer, for so long as the police

  5  officer is employed and covered by a pension plan established

  6  pursuant to this chapter. The municipality, with approval of

  7  the board of trustees, may increase member contributions if

  8  needed to fund benefits greater than the minimums established

  9  in this section.

10         (c)  By payment by the municipality, on at least a

11  quarterly basis, of whatever sum is determined necessary to

12  maintain the actuarial soundness of the fund in accordance

13  with s. 112.64.

14

15  Such contributions and payments shall be submitted to the

16  board of trustees of the police officers' pension trust fund,

17  or the plan trustees in the case of local law plans

18  established under s. 185.35, and deposited in the Municipal

19  Police Officers' Retiree Health Insurance Subsidy Trust Fund,

20  in the same manner and subject to the same time constraints as

21  provided under s. 185.11.

22         (4)  ELIGIBILITY FOR RETIREE HEALTH INSURANCE

23  SUBSIDY.--A person who has contributed to the Retiree Health

24  Insurance Subsidy Trust Fund and retires under a municipal

25  police officers' pension trust fund system or plan as provided

26  under this chapter, including any local law plan as provided

27  under s. 185.35, or a beneficiary who is a spouse or financial

28  dependent entitled to receive benefits under such a plan, is

29  eligible for health insurance subsidy payments provided under

30  this section.  However, the fund, with approval of the board

31  of trustees and the municipality, may provide coverage to

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  1  retirees and beneficiaries when the retirees have not

  2  contributed to the fund as provided in subsection (3).

  3  Payment of the retiree health insurance subsidy shall be made

  4  only after coverage for health insurance for the retiree or

  5  beneficiary has been certified in writing to the board of

  6  trustees of the municipal police officers' pension trust fund.

  7         (5)  RETIREE HEALTH INSURANCE SUBSIDY

  8  AMOUNT.--Beginning on the effective date established in the

  9  implementing ordinance, each eligible retiree, or beneficiary

10  who is a spouse or financial dependent thereof, shall receive

11  a monthly retiree health insurance subsidy payment equal to

12  the aggregate number of years of service with the

13  municipality, as defined in s. 185.02, completed at the time

14  of retirement multiplied by an amount determined in the

15  implementing ordinance, but no less than $3 for each year of

16  service. Nothing herein shall be construed to restrict the

17  plan sponsor from establishing, in the implementing ordinance,

18  a cap of no less than 30 years upon the number of years'

19  service for which credit will be given toward a health

20  insurance subsidy or a maximum monthly subsidy amount.

21         (6)  PAYMENT OF RETIREE HEALTH INSURANCE

22  SUBSIDY.--Beginning on the effective date established in the

23  implementing ordinance, any monthly retiree health insurance

24  subsidy amount due and payable under this section shall be

25  paid to retired members, or their eligible beneficiaries, by

26  the board of trustees of the police officers' pension trust

27  fund, or the plan trustees in the case of local law plans

28  established under s. 185.35, in the same manner as provided by

29  s. 185.06(1)(c) for drafts upon the pension fund.

30         (7)  INVESTMENT OF THE TRUST FUND.--The trustees of the

31  police officers' pension trust fund, or the plan trustees in

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  1  the case of local law plans established under s. 185.35, are

  2  hereby authorized to invest and reinvest the funds of the

  3  Municipal Police Officers' Retiree Health Insurance Subsidy

  4  Trust Fund in the same manner and subject to the same

  5  conditions as apply hereunder to the investment of municipal

  6  police officers' pension funds under s. 185.06.

  7         (8)  DEPOSIT OF PENSION FUNDS.--All funds and

  8  securities of the health insurance subsidy fund may be

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

10  municipality, acting in a ministerial capacity only, who shall

11  be liable in the same manner and to the same extent as he or

12  she is liable for the safekeeping of funds for the

13  municipality.  Any funds so deposited shall be segregated by

14  said treasurer in a separate fund, clearly identified as funds

15  and securities of the health insurance subsidy fund.  In lieu

16  thereof, the board of trustees shall deposit the funds and

17  securities of the health insurance subsidy fund in a qualified

18  public depository as defined in s. 280.02, which shall conform

19  to and be bound by the provisions of chapter 280 with regard

20  to such funds.  In no case shall the funds of the health

21  insurance subsidy fund be deposited in any financial

22  institution, brokerage house trust company, or other entity

23  that is not a public depository as provided by s. 280.02.

24         (9)  SEPARATION FROM SERVICE; REFUNDS.--Any police

25  officer who terminates employment with a municipality having a

26  Municipal Retiree Health Insurance Subsidy Trust Fund system

27  or plan as provided under this section shall be entitled to a

28  refund of all employee contributions he or she made to that

29  trust fund, without interest, regardless of whether he or she

30  has vested for purposes of retirement.  Any police officer who

31  has vested for purposes of retirement in the service of the

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  1  municipality, and has contributed to the Municipal Police

  2  Officers' Retiree Health Insurance Subsidy Trust Fund for so

  3  long as he or she was eligible to make such contributions,

  4  may, in his or her discretion, elect to leave his or her

  5  accrued contributions in the fund, whereupon, such police

  6  officer shall, upon retiring and commencing to draw retirement

  7  benefits, receive a health insurance subsidy based upon his or

  8  her aggregate number of years of service with the

  9  municipality, as defined in s. 185.02.

10         (10)  ADMINISTRATION OF SYSTEM; ACTUARIAL VALUATIONS;

11  AUDITS; RULES; ADMINISTRATIVE COSTS.--The board of trustees of

12  the police officers' pension trust fund, or the plan trustees

13  in the case of local law plans established under s. 185.35,

14  shall be solely responsible for administering the health

15  insurance subsidy trust fund.  Pursuant thereto:

16         (a)  As part of its administrative duties, no less

17  frequently than every 3 years, the board shall have an

18  actuarial valuation of the municipal police officers' retiree

19  health insurance subsidy trust fund prepared as provided in s.

20  112.63 by an enrolled actuary, covering the same reporting

21  period or plan year used for the municipal police officers'

22  pension plan, and shall submit a report of the valuation,

23  including actuarial assumptions and type and basis of funding,

24  to the division.

25         (b)  By February 1 of each year, the trustees shall

26  file a report with the division, containing an independent

27  audit by a certified public accountant if the fund has

28  $250,000 $100,000 or more in assets, or a certified statement

29  of accounting if the fund has less than $250,000 $100,000 in

30  assets, for the most recent plan fiscal year of the

31  municipality, showing a detailed listing of assets and methods

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  1  used to value them and a statement of all income and

  2  disbursements during the year.  Such income and disbursements

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

  4  end of the year.

  5         (c)  The trustees may adopt such rules and regulations

  6  as are necessary for the effective and efficient

  7  administration of this section.

  8         (d)  At the discretion of the plan sponsor, the cost of

  9  administration may be appropriated from the trust fund or paid

10  directly by the plan sponsor.

11         (11)  BENEFITS.--Subsidy payments shall be payable

12  under the municipal police officers' retiree health insurance

13  subsidy program only to participants in the program or their

14  beneficiaries.  Such subsidy payments shall not be subject to

15  assignment, execution, or attachment or to any legal process

16  whatsoever, and shall be in addition to any other benefits to

17  which eligible recipients are entitled under any workers'

18  compensation law, pension law, collective bargaining

19  agreement, municipal or county ordinance, or any other state

20  or federal statute.

21         (12)  DISTRIBUTION OF PREMIUM TAXES; COMPLIANCE

22  REQUIRED.--Premium tax dollars for which spending authority is

23  granted under this section shall be distributed from the

24  Police and Firefighters' Premium Tax Trust Fund and remitted

25  annually to municipalities in the same manner as provided

26  under this chapter for police officers' pension funds. Once a

27  health insurance subsidy plan has been implemented by a

28  municipality under this section, in order for the municipality

29  to participate in the distribution of premium tax dollars

30  authorized under this section, all provisions of this section,

31  including state acceptance pursuant to part VII of chapter

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  1  112, shall be complied with, and said premium tax dollars may

  2  be withheld for noncompliance.

  3         Section 83.  This act shall take effect October 1,

  4  1997.

  5

  6            *****************************************

  7                          SENATE SUMMARY

  8    Extensively revises chapters 175 and 185, Florida
      Statutes, relating to firefighters' pension plans and law
  9    enforcement officers' pension plans, respectively, in
      order to make the plans conform to the greatest extent
10    possible, to provide definitions and clarify application
      of provisions, and to update provisions to conform to
11    other laws and subsequent changes in federal provisions.
      (See bill for details.)
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