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5 | the Senior Management Service Class, who have withdrawn |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; providing an effective |
23 | date. |
24 |
|
25 | Be It Enacted by the Legislature of the State of Florida: |
26 |
|
27 | Section 1. Paragraph (b) of subsection (1) of section |
28 | 121.055, Florida Statutes, is amended to read: |
29 | 121.055 Senior Management Service Class.--There is hereby |
30 | established a separate class of membership within the Florida |
31 | Retirement System to be known as the "Senior Management Service |
32 | Class," which shall become effective February 1, 1987. |
33 | (1) |
34 | (b)1. Except as provided in subparagraph 2., effective |
35 | January 1, 1990, participation in the Senior Management Service |
36 | Class shall be compulsory for the president of each community |
37 | college, the manager of each participating city or county, and |
38 | all appointed district school superintendents. Effective |
39 | January 1, 1994, additional positions may be designated for |
40 | inclusion in the Senior Management Service Class of the Florida |
41 | Retirement System, provided that: |
42 | a. Positions to be included in the class shall be |
43 | designated by the local agency employer. Notice of intent to |
44 | designate positions for inclusion in the class shall be |
45 | published once a week for 2 consecutive weeks in a newspaper of |
46 | general circulation published in the county or counties |
47 | affected, as provided in chapter 50. |
48 | b. Up to 10 nonelective full-time positions may be |
49 | designated for each local agency employer reporting to the |
50 | Department of Management Services; for local agencies with 100 |
51 | or more regularly established positions, additional nonelective |
52 | full-time positions may be designated, not to exceed 1 percent |
53 | of the regularly established positions within the agency. |
54 | c. Each position added to the class must be a managerial |
55 | or policymaking position filled by an employee who is not |
56 | subject to continuing contract and serves at the pleasure of the |
57 | local agency employer without civil service protection, and who: |
58 | (I) Heads an organizational unit; or |
59 | (II) Has responsibility to effect or recommend personnel, |
60 | budget, expenditure, or policy decisions in his or her areas of |
61 | responsibility. |
62 | 2. In lieu of participation in the Senior Management |
63 | Service Class, members of the Senior Management Service Class |
64 | pursuant to the provisions of subparagraph 1. may withdraw from |
65 | the Florida Retirement System altogether. The decision to |
66 | withdraw from the Florida Retirement System shall be irrevocable |
67 | for as long as the employee holds such a position. Any service |
68 | creditable under the Senior Management Service Class shall be |
69 | retained after the member withdraws from the Florida Retirement |
70 | System; however, additional service credit in the Senior |
71 | Management Service Class shall not be earned after such |
72 | withdrawal. Such members shall not be eligible to participate |
73 | in the Senior Management Service Optional Annuity Program. |
74 | 3. Effective January 1, 2006, through June 30, 2006, an |
75 | employee who has withdrawn from the Florida Retirement System |
76 | under subparagraph 2. has one opportunity to elect to |
77 | participate in either the defined benefit program or the Public |
78 | Employee Optional Retirement Program of the Florida Retirement |
79 | System. |
80 | a. If the employee elects to participate in the Public |
81 | Employee Optional Retirement Program, membership shall be |
82 | prospective, and the applicable provisions of s. 121.4501(4) |
83 | shall govern the election. |
84 | b. If the employee elects to participate in the defined |
85 | benefit program of the Florida Retirement System, the employee |
86 | shall, upon payment to the system trust fund of the amount |
87 | calculated under sub-sub-subparagraph (I), receive service |
88 | credit for prior service based upon the time during which the |
89 | employee had withdrawn from the system. |
90 | (I) The cost for such credit shall be an amount |
91 | representing the actuarial accrued liability for the affected |
92 | period of service. The cost shall be calculated using the |
93 | discount rate and other relevant actuarial assumptions that were |
94 | used to value the Florida Retirement System defined benefit plan |
95 | liabilities in the most recent actuarial valuation. The |
96 | calculation shall include any service already maintained under |
97 | the defined benefit plan in addition to the period of |
98 | withdrawal. The actuarial accrued liability attributable to any |
99 | service already maintained under the defined benefit plan shall |
100 | be applied as a credit to the total cost resulting from the |
101 | calculation. The division shall ensure that the transfer sum is |
102 | prepared using a formula and methodology certified by an |
103 | actuary. |
104 | (II) The employee must transfer a sum representing the net |
105 | cost owed for the actuarial accrued liability in sub-sub- |
106 | subparagraph (I) immediately following the time of such |
107 | movement, determined assuming that attained service equals the |
108 | sum of service in the defined benefit program and the period of |
109 | withdrawal. |
110 | Section 2. Subsection (3) of section 175.041, Florida |
111 | Statutes, is amended to read: |
112 | 175.041 Firefighters' Pension Trust Fund created; |
113 | applicability of provisions.--For any municipality, special fire |
114 | control district, chapter plan, local law municipality, local |
115 | law special fire control district, or local law plan under this |
116 | chapter: |
117 | (3) The provisions of this chapter shall apply only to |
118 | municipalities organized and established pursuant to the laws of |
119 | the state and to special fire control districts, and said |
120 | provisions shall not apply to the unincorporated areas of any |
121 | county or counties except with respect to special fire control |
122 | districts that include unincorporated areas, nor shall the |
123 | provisions hereof apply to any governmental entity whose |
124 | firefighters are eligible to participate in the Florida |
125 | Retirement System. |
126 | (a) Special fire control districts that include, or |
127 | consist exclusively of, unincorporated areas of one or more |
128 | counties may levy and impose the tax and participate in the |
129 | retirement programs enabled by this chapter. |
130 | (b) With respect to the distribution of premium taxes, a |
131 | single consolidated government consisting of a former county and |
132 | one or more municipalities, consolidated pursuant to s. 3 or s. |
133 | 6(e) (6)(e), Art. VIII of the State Constitution, is also |
134 | eligible to participate under this chapter. The consolidated |
135 | government shall notify the division when it has entered into an |
136 | interlocal agreement to provide fire services to a municipality |
137 | within its boundaries. The municipality may enact an ordinance |
138 | levying the tax as provided in s. 175.101. Upon being provided |
139 | copies of the interlocal agreement and the municipal ordinance |
140 | levying the tax, the division may distribute any premium taxes |
141 | reported for the municipality to the consolidated government as |
142 | long as the interlocal agreement is in effect. |
143 | (c) Any municipality that has entered into an interlocal |
144 | agreement to provide fire protection services to any other |
145 | incorporated municipality, in its entirety, for a period of 12 |
146 | months or more may be eligible to receive the premium taxes |
147 | reported for such other municipality. In order to be eligible |
148 | for such premium taxes, the municipality providing the fire |
149 | services must notify the division that it has entered into an |
150 | interlocal agreement with another municipality. The municipality |
151 | receiving the fire services may enact an ordinance levying the |
152 | tax as provided in s. 175.101. Upon being provided copies of the |
153 | interlocal agreement and the municipal ordinance levying the |
154 | tax, the division may distribute any premium taxes reported for |
155 | the municipality receiving the fire services to the |
156 | participating municipality providing the fire services as long |
157 | as the interlocal agreement is in effect. |
158 | Section 3. Section 175.101, Florida Statutes, is amended |
159 | to read: |
160 | 175.101 State excise tax on property insurance premiums |
161 | authorized; procedure.--For any municipality, special fire |
162 | control district, chapter plan, local law municipality, local |
163 | law special fire control district, or local law plan under this |
164 | chapter: |
165 | (1) Each municipality or special fire control district in |
166 | this state described and classified in s. 175.041, having a |
167 | lawfully established firefighters' pension trust fund or |
168 | municipal fund or special fire control district fund, by |
169 | whatever name known, providing pension benefits to firefighters |
170 | as provided under this chapter, may assess and impose on every |
171 | insurance company, corporation, or other insurer now engaged in |
172 | or carrying on, or who shall hereinafter engage in or carry on, |
173 | the business of property insurance as shown by the records of |
174 | the Office of Insurance Regulation of the Financial Services |
175 | Commission an excise tax in addition to any lawful license or |
176 | excise tax now levied by each of the municipalities or special |
177 | fire control districts, respectively, amounting to 1.85 percent |
178 | of the gross amount of receipts of premiums from policyholders |
179 | on all premiums collected on property insurance policies |
180 | covering property within the corporate limits of such |
181 | municipalities or within the legally defined boundaries of |
182 | special fire control districts, respectively. Whenever the |
183 | boundaries of a special fire control district that has lawfully |
184 | established a firefighters' pension trust fund encompass a |
185 | portion of the corporate territory of a municipality that has |
186 | also lawfully established a firefighters' pension trust fund, |
187 | that portion of the tax receipts attributable to insurance |
188 | policies covering property situated both within the municipality |
189 | and the special fire control district shall be given to the fire |
190 | service provider. The agent shall identify the fire service |
191 | provider on the property owner's application for insurance. |
192 | Remaining revenues collected pursuant to this chapter shall be |
193 | distributed to the municipality or special fire control district |
194 | according to the location of the insured property. |
195 | (2) In the case of multiple peril policies with a single |
196 | premium for both the property and casualty coverages in such |
197 | policies, 70 percent of such premium shall be used as the basis |
198 | for the 1.85-percent tax. |
199 | (3) This excise tax shall be payable annually on March 1 |
200 | of each year after the passage of an ordinance, in the case of a |
201 | municipality, or resolution, in the case of a special fire |
202 | control district, assessing and imposing the tax authorized by |
203 | this section. Installments of taxes shall be paid according to |
204 | the provision of s. 624.5092(2)(a), (b), and (c). |
205 |
|
206 | This section also applies to any municipality consisting of a |
207 | single consolidated government which is made up of a former |
208 | county and one or more municipalities, consolidated pursuant to |
209 | the authority in s. 3 or s. 6(e), Art. VIII of the State |
210 | Constitution, and to property insurance policies covering |
211 | property within the boundaries of the consolidated government, |
212 | regardless of whether the properties are located within one or |
213 | more separately incorporated areas within the consolidated |
214 | government, provided the properties are being provided fire |
215 | protection services by the consolidated government. This section |
216 | also applies to any municipality, as provided in s. |
217 | 175.041(3)(c), which has entered into an interlocal agreement to |
218 | receive fire protection services from another municipality |
219 | participating under chapter 175. The excise tax may be levied on |
220 | all premiums collected on property insurance policies covering |
221 | property located within the corporate limits of the municipality |
222 | receiving the fire protection services, but will be available |
223 | for distribution to the municipality providing the fire |
224 | protection services. |
225 | Section 4. This act shall take effect October 1, 2005. |