Senate Bill 0670

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    Florida Senate - 1998                                   SB 670

    By Senator Crist





    20-511-98

  1                      A bill to be entitled

  2         An act relating to the Florida Retirement

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

  4         the term "special risk member"; amending s.

  5         121.0515, F.S.; adding to the Special Risk

  6         Class of membership certain emergency medical

  7         technicians and paramedics; providing

  8         legislative intent; providing an effective

  9         date.

10

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

12

13         Section 1.  Paragraph (c) is added to subsection (15)

14  of section 121.021, Florida Statutes, to read:

15         121.021  Definitions.--The following words and phrases

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

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

18         (15)

19         (c)  Effective January 1, 1999, "special risk member"

20  means a member of the Florida Retirement System who is

21  designated as a special risk member by the division in

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

23  a law enforcement officer, a firefighter, a correctional

24  officer, an emergency medical technician, or a paramedic and

25  must meet certain other special criteria as set forth in s.

26  121.0515.

27         Section 2.  Subsections (1) and (2) and paragraph (a)

28  of subsection (7) of section 121.0515, Florida Statutes, are

29  amended to read:

30         121.0515  Special risk membership; criteria;

31  designation and removal of classification; credits for past

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    Florida Senate - 1998                                   SB 670
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  1  service and prior service; retention of special risk normal

  2  retirement date.--

  3         (1)  LEGISLATIVE INTENT.--In creating the Special Risk

  4  Class of membership within the Florida Retirement System, it

  5  is the intent and purpose of the Legislature to recognize that

  6  persons employed in certain categories of law enforcement,

  7  firefighting, and criminal detention, and emergency medical

  8  care positions are required as one of the essential functions

  9  of their positions to perform work that is physically

10  demanding or arduous, or work that requires extraordinary

11  agility and mental acuity, and that such persons, because of

12  diminishing physical and mental faculties, may find that they

13  are not able, without risk to the health and safety of

14  themselves, the public, or their coworkers, to continue

15  performing such duties and thus enjoy the full career and

16  retirement benefits enjoyed by persons employed in other

17  positions and that, if they find it necessary, due to the

18  physical and mental limitations of their age, to retire at an

19  earlier age and usually with less service, they will suffer an

20  economic deprivation therefrom. Therefore, as a means of

21  recognizing the peculiar and special problems of this class of

22  employees, it is the intent and purpose of the Legislature to

23  establish a class of retirement membership that awards more

24  retirement credit per year of service than that awarded to

25  other employees; however, nothing contained herein shall

26  require ineligibility for special risk membership upon

27  reaching age 55.

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

29  risk member, must meet the following criteria:

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

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

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    Florida Senate - 1998                                   SB 670
    20-511-98




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

  2  police chiefs shall be excluded from meeting the certification

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

  4  duties and responsibilities must include the pursuit,

  5  apprehension, and arrest of law violators or suspected law

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

  7  disposal unit whose primary responsibility is the location,

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

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

10  members who have such responsibilities; provided, however,

11  administrative support personnel, including, but not limited

12  to, those whose primary duties and responsibilities are in

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

14  included;

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

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

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

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

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

20  fighting of fires or direct supervision of firefighting units,

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

22  member or members who have such responsibilities; provided,

23  however, administrative support personnel, including, but not

24  limited to, those whose primary duties and responsibilities

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

26  be included; or

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

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

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

30  primary duties and responsibilities must be the custody, and

31  physical restraint when necessary, of prisoners or inmates

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    Florida Senate - 1998                                   SB 670
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  1  within a prison, jail, or other criminal detention facility,

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

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

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

  5  provided, however, administrative support personnel,

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

  7  responsibilities are in accounting, purchasing, legal, and

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

  9  assistant superintendents shall participate in the Special

10  Risk Class; or.

11         (d)  The member must be employed by a licensed Advance

12  Life Support (ALS) or Basic Life Support (BLS) employer as an

13  emergency medical technician or a paramedic and be certified

14  in compliance with s. 401.27.  In addition, the member's

15  primary duties and responsibilities must include on-the-scene

16  emergency medical care.  However, administrative support

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

18  responsibilities are in accounting, purchasing, legal, and

19  personnel, shall not be included.

20         (7)  RETENTION OF SPECIAL RISK NORMAL RETIREMENT

21  DATE.--

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

23  to a nonspecial risk law enforcement, firefighting, or

24  correctional, or emergency medical care administrative support

25  position with the same agency, or who is subsequently employed

26  in such a position with any law enforcement, firefighting, or

27  correctional, or emergency medical care agency under the

28  Florida Retirement System, shall earn credit for such service

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

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

31  service in such an administrative support position shall, for

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    Florida Senate - 1998                                   SB 670
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  1  purposes of s. 121.091, apply toward satisfaction of the

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

  3  121.021(29)(c), provided that, while in such position, the

  4  member remains certified as a law enforcement officer,

  5  firefighter, or correctional officer, emergency medical

  6  technician, or paramedic; remains subject to reassignment at

  7  any time to a position qualifying for special risk membership;

  8  and completes an aggregate of 10 or more years of service as a

  9  designated special risk member prior to retirement.

10         Section 3.  The Legislature finds that a proper and

11  legitimate state purpose is served when employees and retirees

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

13  dependents, survivors, and beneficiaries of such employees and

14  retirees, are extended the basic protections afforded by

15  governmental retirement systems that provide fair and adequate

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

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

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

19  Florida Statutes.  Therefore, the Legislature determines and

20  declares that this act fulfills an important state interest.

21         Section 4.  This act shall take effect January 1, 1999.

22

23            *****************************************

24                          SENATE SUMMARY

25    Redefines the term "special risk member" for the purposes
      of the Florida Retirement System to include described
26    members who are employed as emergency medical technicians
      or paramedics.  Adds described emergency medical
27    technicians and paramedics to the Special Risk Class.

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