Senate Bill sb1568c1

CODING: Words stricken are deletions; words underlined are additions.
    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

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    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

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    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

19                                 

20  The CS adds a statement of important state interest.

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  3

CODING: Words stricken are deletions; words underlined are additions.