1 | A bill to be entitled |
2 | An act relating to the Florida Retirement System; amending |
3 | s. 121.055, F.S.; during a specified period of time, |
4 | permitting local government employees who are members of |
5 | the Senior Management Service Class, who have withdrawn |
6 | from the Florida Retirement System, to elect membership in |
7 | the defined benefit program or the public employee |
8 | optional retirement program of the system; prescribing |
9 | requirements in making such election; providing for |
10 | payment of the costs of such membership; amending s. |
11 | 175.041, F.S.; providing that any municipality that |
12 | provides fire protection services to another municipality |
13 | under an interlocal agreement is eligible to receive |
14 | premium taxes; authorizing the municipality that receives |
15 | the fire protection services to enact an ordinance levying |
16 | the tax; authorizing the Division of Retirement within the |
17 | Department of Management Services to distribute the |
18 | premium taxes; amending s. 175.101, F.S.; authorizing any |
19 | municipality that has entered into an interlocal agreement |
20 | for fire protection services with another municipality to |
21 | impose an excise tax on entities that are engaged in the |
22 | business of property insurance; amending s. 121.021, F.S.; |
23 | redefining the term "compensation" to include certain |
24 | supplementary payments made to firefighters, paramedics, |
25 | and emergency medical technicians and to certain employer- |
26 | reported retirement contributions; providing a finding of |
27 | important state interest; providing an effective date. |
28 |
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29 | Be It Enacted by the Legislature of the State of Florida: |
30 |
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31 | Section 1. Paragraph (b) of subsection (1) of section |
32 | 121.055, Florida Statutes, is amended to read: |
33 | 121.055 Senior Management Service Class.--There is hereby |
34 | established a separate class of membership within the Florida |
35 | Retirement System to be known as the "Senior Management Service |
36 | Class," which shall become effective February 1, 1987. |
37 | (1) |
38 | (b)1. Except as provided in subparagraph 2., effective |
39 | January 1, 1990, participation in the Senior Management Service |
40 | Class shall be compulsory for the president of each community |
41 | college, the manager of each participating city or county, and |
42 | all appointed district school superintendents. Effective |
43 | January 1, 1994, additional positions may be designated for |
44 | inclusion in the Senior Management Service Class of the Florida |
45 | Retirement System, provided that: |
46 | a. Positions to be included in the class shall be |
47 | designated by the local agency employer. Notice of intent to |
48 | designate positions for inclusion in the class shall be |
49 | published once a week for 2 consecutive weeks in a newspaper of |
50 | general circulation published in the county or counties |
51 | affected, as provided in chapter 50. |
52 | b. Up to 10 nonelective full-time positions may be |
53 | designated for each local agency employer reporting to the |
54 | Department of Management Services; for local agencies with 100 |
55 | or more regularly established positions, additional nonelective |
56 | full-time positions may be designated, not to exceed 1 percent |
57 | of the regularly established positions within the agency. |
58 | c. Each position added to the class must be a managerial |
59 | or policymaking position filled by an employee who is not |
60 | subject to continuing contract and serves at the pleasure of the |
61 | local agency employer without civil service protection, and who: |
62 | (I) Heads an organizational unit; or |
63 | (II) Has responsibility to effect or recommend personnel, |
64 | budget, expenditure, or policy decisions in his or her areas of |
65 | responsibility. |
66 | 2. In lieu of participation in the Senior Management |
67 | Service Class, members of the Senior Management Service Class |
68 | pursuant to the provisions of subparagraph 1. may withdraw from |
69 | the Florida Retirement System altogether. The decision to |
70 | withdraw from the Florida Retirement System shall be irrevocable |
71 | for as long as the employee holds such a position. Any service |
72 | creditable under the Senior Management Service Class shall be |
73 | retained after the member withdraws from the Florida Retirement |
74 | System; however, additional service credit in the Senior |
75 | Management Service Class shall not be earned after such |
76 | withdrawal. Such members shall not be eligible to participate |
77 | in the Senior Management Service Optional Annuity Program. |
78 | 3. Effective January 1, 2006, through June 30, 2006, an |
79 | employee who has withdrawn from the Florida Retirement System |
80 | under subparagraph 2. has one opportunity to elect to |
81 | participate in either the defined benefit program or the Public |
82 | Employee Optional Retirement Program of the Florida Retirement |
83 | System. |
84 | a. If the employee elects to participate in the Public |
85 | Employee Optional Retirement Program, membership shall be |
86 | prospective, and the applicable provisions of s. 121.4501(4) |
87 | shall govern the election. |
88 | b. If the employee elects to participate in the defined |
89 | benefit program of the Florida Retirement System, the employee |
90 | shall, upon payment to the system trust fund of the amount |
91 | calculated under sub-sub-subparagraph (I), receive service |
92 | credit for prior service based upon the time during which the |
93 | employee had withdrawn from the system. |
94 | (I) The cost for such credit shall be an amount |
95 | representing the actuarial accrued liability for the affected |
96 | period of service. The cost shall be calculated using the |
97 | discount rate and other relevant actuarial assumptions that were |
98 | used to value the Florida Retirement System defined benefit plan |
99 | liabilities in the most recent actuarial valuation. The |
100 | calculation shall include any service already maintained under |
101 | the defined benefit plan in addition to the period of |
102 | withdrawal. The actuarial accrued liability attributable to any |
103 | service already maintained under the defined benefit plan shall |
104 | be applied as a credit to the total cost resulting from the |
105 | calculation. The division shall ensure that the transfer sum is |
106 | prepared using a formula and methodology certified by an |
107 | actuary. |
108 | (II) The employee must transfer a sum representing the net |
109 | cost owed for the actuarial accrued liability in sub-sub- |
110 | subparagraph (I) immediately following the time of such |
111 | movement, determined assuming that attained service equals the |
112 | sum of service in the defined benefit program and the period of |
113 | withdrawal. |
114 | Section 2. Subsection (3) of section 175.041, Florida |
115 | Statutes, is amended to read: |
116 | 175.041 Firefighters' Pension Trust Fund created; |
117 | applicability of provisions.--For any municipality, special fire |
118 | control district, chapter plan, local law municipality, local |
119 | law special fire control district, or local law plan under this |
120 | chapter: |
121 | (3) The provisions of this chapter shall apply only to |
122 | municipalities organized and established pursuant to the laws of |
123 | the state and to special fire control districts, and said |
124 | provisions shall not apply to the unincorporated areas of any |
125 | county or counties except with respect to special fire control |
126 | districts that include unincorporated areas, nor shall the |
127 | provisions hereof apply to any governmental entity whose |
128 | firefighters are eligible to participate in the Florida |
129 | Retirement System. |
130 | (a) Special fire control districts that include, or |
131 | consist exclusively of, unincorporated areas of one or more |
132 | counties may levy and impose the tax and participate in the |
133 | retirement programs enabled by this chapter. |
134 | (b) With respect to the distribution of premium taxes, a |
135 | single consolidated government consisting of a former county and |
136 | one or more municipalities, consolidated pursuant to s. 3 or s. |
137 | 6(e) (6)(e), Art. VIII of the State Constitution, is also |
138 | eligible to participate under this chapter. The consolidated |
139 | government shall notify the division when it has entered into an |
140 | interlocal agreement to provide fire services to a municipality |
141 | within its boundaries. The municipality may enact an ordinance |
142 | levying the tax as provided in s. 175.101. Upon being provided |
143 | copies of the interlocal agreement and the municipal ordinance |
144 | levying the tax, the division may distribute any premium taxes |
145 | reported for the municipality to the consolidated government as |
146 | long as the interlocal agreement is in effect. |
147 | (c) Any municipality that has entered into an interlocal |
148 | agreement to provide fire protection services to any other |
149 | incorporated municipality, in its entirety, for a period of 12 |
150 | months or more may be eligible to receive the premium taxes |
151 | reported for such other municipality. In order to be eligible |
152 | for such premium taxes, the municipality providing the fire |
153 | services must notify the division that it has entered into an |
154 | interlocal agreement with another municipality. The municipality |
155 | receiving the fire services may enact an ordinance levying the |
156 | tax as provided in s. 175.101. Upon being provided copies of the |
157 | interlocal agreement and the municipal ordinance levying the |
158 | tax, the division may distribute any premium taxes reported for |
159 | the municipality receiving the fire services to the |
160 | participating municipality providing the fire services as long |
161 | as the interlocal agreement is in effect. |
162 | Section 3. Section 175.101, Florida Statutes, is amended |
163 | to read: |
164 | 175.101 State excise tax on property insurance premiums |
165 | authorized; procedure.--For any municipality, special fire |
166 | control district, chapter plan, local law municipality, local |
167 | law special fire control district, or local law plan under this |
168 | chapter: |
169 | (1) Each municipality or special fire control district in |
170 | this state described and classified in s. 175.041, having a |
171 | lawfully established firefighters' pension trust fund or |
172 | municipal fund or special fire control district fund, by |
173 | whatever name known, providing pension benefits to firefighters |
174 | as provided under this chapter, may assess and impose on every |
175 | insurance company, corporation, or other insurer now engaged in |
176 | or carrying on, or who shall hereinafter engage in or carry on, |
177 | the business of property insurance as shown by the records of |
178 | the Office of Insurance Regulation of the Financial Services |
179 | Commission an excise tax in addition to any lawful license or |
180 | excise tax now levied by each of the municipalities or special |
181 | fire control districts, respectively, amounting to 1.85 percent |
182 | of the gross amount of receipts of premiums from policyholders |
183 | on all premiums collected on property insurance policies |
184 | covering property within the corporate limits of such |
185 | municipalities or within the legally defined boundaries of |
186 | special fire control districts, respectively. Whenever the |
187 | boundaries of a special fire control district that has lawfully |
188 | established a firefighters' pension trust fund encompass a |
189 | portion of the corporate territory of a municipality that has |
190 | also lawfully established a firefighters' pension trust fund, |
191 | that portion of the tax receipts attributable to insurance |
192 | policies covering property situated both within the municipality |
193 | and the special fire control district shall be given to the fire |
194 | service provider. The agent shall identify the fire service |
195 | provider on the property owner's application for insurance. |
196 | Remaining revenues collected pursuant to this chapter shall be |
197 | distributed to the municipality or special fire control district |
198 | according to the location of the insured property. |
199 | (2) In the case of multiple peril policies with a single |
200 | premium for both the property and casualty coverages in such |
201 | policies, 70 percent of such premium shall be used as the basis |
202 | for the 1.85-percent tax. |
203 | (3) This excise tax shall be payable annually on March 1 |
204 | of each year after the passage of an ordinance, in the case of a |
205 | municipality, or resolution, in the case of a special fire |
206 | control district, assessing and imposing the tax authorized by |
207 | this section. Installments of taxes shall be paid according to |
208 | the provision of s. 624.5092(2)(a), (b), and (c). |
209 |
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210 | This section also applies to any municipality consisting of a |
211 | single consolidated government which is made up of a former |
212 | county and one or more municipalities, consolidated pursuant to |
213 | the authority in s. 3 or s. 6(e), Art. VIII of the State |
214 | Constitution, and to property insurance policies covering |
215 | property within the boundaries of the consolidated government, |
216 | regardless of whether the properties are located within one or |
217 | more separately incorporated areas within the consolidated |
218 | government, provided the properties are being provided fire |
219 | protection services by the consolidated government. This section |
220 | also applies to any municipality, as provided in s. |
221 | 175.041(3)(c), which has entered into an interlocal agreement to |
222 | receive fire protection services from another municipality |
223 | participating under chapter 175. The excise tax may be levied on |
224 | all premiums collected on property insurance policies covering |
225 | property located within the corporate limits of the municipality |
226 | receiving the fire protection services, but will be available |
227 | for distribution to the municipality providing the fire |
228 | protection services. |
229 | Section 4. Paragraph (a) of subsection (22) of section |
230 | 121.021, Florida Statutes, is amended to read: |
231 | 121.021 Definitions.--The following words and phrases as |
232 | used in this chapter have the respective meanings set forth |
233 | unless a different meaning is plainly required by the context: |
234 | (22) "Compensation" means the monthly salary paid a member |
235 | by his or her employer for work performed arising from that |
236 | employment. |
237 | (a) Compensation shall include: |
238 | 1. Overtime payments paid from a salary fund. |
239 | 2. Accumulated annual leave payments. |
240 | 3. Payments in addition to the employee's base rate of pay |
241 | if all the following apply: |
242 | a. The payments are paid according to a formal written |
243 | policy that applies to all eligible employees equally; |
244 | b. The policy provides that payments shall commence no |
245 | later than the 11th year of employment; |
246 | c. The payments are paid for as long as the employee |
247 | continues his or her employment; and |
248 | d. The payments are paid at least annually. |
249 | 4. Amounts withheld for tax sheltered annuities or |
250 | deferred compensation programs, or any other type of salary |
251 | reduction plan authorized under the Internal Revenue Code. |
252 | 5. Payments made in lieu of a permanent increase in the |
253 | base rate of pay, whether made annually or in 12 or 26 equal |
254 | payments within a 12-month period, when the member's base pay is |
255 | at the maximum of his or her pay range. When a portion of a |
256 | member's annual increase raises his or her pay range and the |
257 | excess is paid as a lump sum payment, such lump sum payment |
258 | shall be compensation for retirement purposes. |
259 | 6. Effective July 1, 2002, salary supplements made |
260 | pursuant to s. 1012.72 requiring a valid National Board for |
261 | Professional Standards certificate, notwithstanding the |
262 | provisions of subparagraph 3. |
263 | 7. Effective July 1, 2005, salary supplements made to |
264 | firefighters, paramedics, or emergency medical technicians for |
265 | the successful completion of employer-approved educational |
266 | training or for additional job-related duties and |
267 | responsibilities, notwithstanding the provisions of subparagraph |
268 | 3. For all periods prior to July 1, 2005, employer-reported |
269 | retirement contributions on these supplemental payments shall be |
270 | compensation. |
271 | Section 5. The Legislature finds that a proper and |
272 | legitimate state purpose is served when employees and retirees |
273 | of the state and of its political subdivisions, and the |
274 | dependents, survivors, and beneficiaries of such employees and |
275 | retirees, are extended the basic protections afforded by |
276 | governmental retirement systems that provide fair and adequate |
277 | benefits that are managed, administered, and funded in an |
278 | actuarially sound manner, as required by s. 14, Art. X of the |
279 | State Constitution and part VII of chapter 112, Florida |
280 | Statutes. Therefore, the Legislature determines and declares |
281 | that section 3 of this act fulfills an important state interest. |
282 | Section 6. This act shall take effect October 1, 2005. |