Senate Bill sb1568c1
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    Florida Senate - 2005                           CS for SB 1568
    By the Committee on Governmental Oversight and Productivity;
    and Senators Aronberg and Wilson
    585-2365-05
  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 "compensation" to include certain
  5         supplementary payments made to firefighters,
  6         paramedics, and emergency medical technicians
  7         and to certain employer-reported retirement
  8         contributions; providing legislative intent;
  9         providing an effective date.
10  
11  Be It Enacted by the Legislature of the State of Florida:
12  
13         Section 1.  Paragraph (a) of subsection (22) of section
14  121.021, Florida Statutes, is amended 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         (22)  "Compensation" means the monthly salary paid a
19  member by his or her employer for work performed arising from
20  that employment.
21         (a)  Compensation shall include:
22         1.  Overtime payments paid from a salary fund.
23         2.  Accumulated annual leave payments.
24         3.  Payments in addition to the employee's base rate of
25  pay if all the following apply:
26         a.  The payments are paid according to a formal written
27  policy that applies to all eligible employees equally;
28         b.  The policy provides that payments shall commence no
29  later than the 11th year of employment;
30         c.  The payments are paid for as long as the employee
31  continues his or her employment; and
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    Florida Senate - 2005                           CS for SB 1568
    585-2365-05
 1         d.  The payments are paid at least annually.
 2         4.  Amounts withheld for tax sheltered annuities or
 3  deferred compensation programs, or any other type of salary
 4  reduction plan authorized under the Internal Revenue Code.
 5         5.  Payments made in lieu of a permanent increase in
 6  the base rate of pay, whether made annually or in 12 or 26
 7  equal payments within a 12-month period, when the member's
 8  base pay is at the maximum of his or her pay range. When a
 9  portion of a member's annual increase raises his or her pay
10  range and the excess is paid as a lump sum payment, such lump
11  sum payment shall be compensation for retirement purposes.
12         6.  Effective July 1, 2002, salary supplements made
13  pursuant to s. 1012.72 requiring a valid National Board for
14  Professional Standards certificate, notwithstanding the
15  provisions of subparagraph 3.
16         7.  Effective July 1, 2005, salary supplements made to
17  firefighters, paramedics, or emergency medical technicians for
18  the successful completion of employer-approved educational
19  training or for additional job-related duties and
20  responsibilities, notwithstanding the provisions of
21  subparagraph 3. For all periods prior to July 1, 2005,
22  employer-reported retirement contributions on these
23  supplemental payments shall be compensation.
24         Section 2.  It is declared by the Legislature that
25  firefighters, emergency medical technicians, paramedics, law
26  enforcement officers, correctional officers, and correctional
27  probation officers perform state and municipal functions; that
28  it is their duty to protect life and property at their own
29  risk and peril; that it is their duty to continuously instruct
30  school personnel, public officials, and private citizens about
31  safety; and that their activities are vital to the public
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    Florida Senate - 2005                           CS for SB 1568
    585-2365-05
 1  safety. Therefore, the Legislature declares that it is a
 2  proper and legitimate state purpose to provide a uniform
 3  retirement system for the benefit of firefighters, emergency
 4  medical technicians, paramedics, law enforcement officers,
 5  correctional officers, and correctional probation officers and
 6  intends, in implementing the provisions of Section 14, Article
 7  X of the State Constitution as they relate to municipal and
 8  special district pension trust fund systems and plans, that
 9  such retirement systems or plans be managed, administered,
10  operated, and funded in such manner as to maximize the
11  protection of pension trust funds. Pursuant to Section 18,
12  Article VII of the State Constitution, the Legislature
13  determines and declares that the provisions of this act
14  fulfill an important state interest.
15         Section 3.  This act shall take effect July 1, 2005.
16  
17          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
18                         Senate Bill 1568
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20  The CS adds a statement of important state interest.
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