| 2 | The Committee on State Administration recommends the following: |
| 3 |
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| 4 | Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to the Florida Retirement System; amending |
| 8 | s. 121.021, F.S., revising the definition of "average |
| 9 | final compensation"; increasing a contribution rate for |
| 10 | certain benefit change funding purposes; providing a |
| 11 | declaration of important state interest; amending s. |
| 12 | 121.0515, F.S.; adding certain code compliance officers to |
| 13 | the Special Risk Class; providing an effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Subsection (24) of section 121.021, Florida |
| 18 | Statutes, is amended to read: |
| 19 | 121.021 Definitions.--The following words and phrases as |
| 20 | used in this chapter have the respective meanings set forth |
| 21 | unless a different meaning is plainly required by the context: |
| 22 | (24) "Average final compensation" means the average of the |
| 23 | 5 highest fiscal years of compensation for creditable service |
| 24 | prior to retirement, termination, or death; however, the |
| 25 | "average final compensation" applicable to a member of the |
| 26 | Special Risk Class is the average of the 3 highest fiscal years |
| 27 | of compensation for creditable service prior to retirement, |
| 28 | termination, or death. For in-line-of-duty disability benefits, |
| 29 | if less than the number of years specified for calculating |
| 30 | "average final compensation" 5 years of creditable service have |
| 31 | been completed, the term "average final compensation" means the |
| 32 | average annual compensation of the total number of years of |
| 33 | creditable service. Each year used in the calculation of average |
| 34 | final compensation shall commence on July 1. |
| 35 | (a) The average final compensation shall include: |
| 36 | 1. Accumulated annual leave payments, not to exceed 500 |
| 37 | hours; and |
| 38 | 2. All payments defined as compensation in subsection |
| 39 | (22). |
| 40 | (b) The average final compensation shall not include: |
| 41 | 1. Compensation paid to professional persons for special |
| 42 | or particular services; |
| 43 | 2. Payments for accumulated sick leave made due to |
| 44 | retirement or termination; |
| 45 | 3. Payments for accumulated annual leave in excess of 500 |
| 46 | hours; |
| 47 | 4. Bonuses as defined in subsection (47); |
| 48 | 5. Third party payments made on and after July 1, 1990; or |
| 49 | 6. Fringe benefits (for example, automobile allowances or |
| 50 | housing allowances). |
| 51 | Section 2. Effective July 1, 2004, for the purposes of |
| 52 | funding the 3-year average final compensation benefit change |
| 53 | made by this act, the contribution rate set forth in s. |
| 54 | 121.071(3), Florida Statutes, for the Special Risk Class of the |
| 55 | Florida Retirement System shall be increased by 2.14 percent. |
| 56 | This increase shall be in addition to other changes to |
| 57 | contribution rates which may be enacted into law to take effect |
| 58 | on that date. |
| 59 | Section 3. The Legislature finds that a proper and |
| 60 | legitimate state purpose is served when employees and retirees |
| 61 | of the state and its political subdivisions and the dependents, |
| 62 | survivors, and beneficiaries of such employees and retirees are |
| 63 | extended the basic protections afforded by governmental |
| 64 | retirement systems that provide fair and adequate benefits and |
| 65 | that are managed, administered, and funded in an actuarially |
| 66 | sound manner, as required by s. 14, Art. X, of the State |
| 67 | Constitution and part VII of chapter 112, Florida Statutes. |
| 68 | Therefore, the Legislature determines and declares that this act |
| 69 | fulfills an important state interest. |
| 70 | Section 4. Paragraph (b) of subsection (2) of section |
| 71 | 121.0515, Florida Statutes, is amended to read: |
| 72 | 121.0515 Special risk membership.-- |
| 73 | (2) CRITERIA.--A member, to be designated as a special |
| 74 | risk member, must meet the following criteria: |
| 75 | (b) The member must be employed as a firefighter and be |
| 76 | certified, or required to be certified, in compliance with s. |
| 77 | 633.35 and be employed solely within the fire department of a |
| 78 | local government employer or an agency of state government with |
| 79 | firefighting responsibilities. In addition, the member's duties |
| 80 | and responsibilities must include on-the-scene fighting of |
| 81 | fires, fire prevention, or firefighter training; direct |
| 82 | supervision of firefighting units, fire prevention, or |
| 83 | firefighter training; or aerial firefighting surveillance |
| 84 | performed by fixed-wing aircraft pilots employed by the Division |
| 85 | of Forestry of the Department of Agriculture and Consumer |
| 86 | Services; or the member must be a code compliance officer |
| 87 | employed by the Division of the State Fire Marshal of the |
| 88 | Department of Financial Services or the Agency for Health Care |
| 89 | Administration; or the member must be the supervisor or command |
| 90 | officer of a member or members who have such responsibilities; |
| 91 | provided, however, administrative support personnel, including, |
| 92 | but not limited to, those whose primary duties and |
| 93 | responsibilities are in accounting, purchasing, legal, and |
| 94 | personnel, shall not be included and further provided that all |
| 95 | periods of creditable service in fire prevention or firefighter |
| 96 | training, or as the supervisor or command officer of a member or |
| 97 | members who have such responsibilities, and for which the |
| 98 | employer paid the special risk contribution rate, shall be |
| 99 | included; |
| 100 | Section 5. This act shall take effect July 1, 2004. |