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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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
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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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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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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
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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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