HB 0299

1
A bill to be entitled
2An act relating to the Florida Retirement System; amending
3s. 121.021, F.S.; revising the definition of the term
4"average final compensation"; amending s. 121.0515, F.S.;
5adding certain code compliance officers to the Special
6Risk Class; increasing a contribution rate for certain
7benefit change funding purposes; providing a declaration
8of important state interest; providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Subsection (24) of section 121.021, Florida
13Statutes, is amended to read:
14     121.021  Definitions.--The following words and phrases as
15used in this chapter have the respective meanings set forth
16unless a different meaning is plainly required by the context:
17     (24)  "Average final compensation" means the average of the
185 highest fiscal years of compensation for creditable service
19prior to retirement, termination, or death; however, the average
20final compensation applicable to a member of the Special Risk
21Class is the average of the 3 highest fiscal years of
22compensation for creditable service prior to retirement,
23termination, or death. For in-line-of-duty disability benefits,
24if less than the number of years specified for calculating
25average final compensation 5 years of creditable service have
26been completed, the term "average final compensation" means the
27average annual compensation of the total number of years of
28creditable service. Each year used in the calculation of average
29final compensation shall commence on July 1.
30     (a)  The average final compensation shall include:
31     1.  Accumulated annual leave payments, not to exceed 500
32hours; and
33     2.  All payments defined as compensation in subsection
34(22).
35     (b)  The average final compensation shall not include:
36     1.  Compensation paid to professional persons for special
37or particular services;
38     2.  Payments for accumulated sick leave made due to
39retirement or termination;
40     3.  Payments for accumulated annual leave in excess of 500
41hours;
42     4.  Bonuses as defined in subsection (47);
43     5.  Third party payments made on and after July 1, 1990; or
44     6.  Fringe benefits (for example, automobile allowances or
45housing allowances).
46     Section 2.  Paragraph (b) of subsection (2) of section
47121.0515, Florida Statutes, is amended to read:
48     121.0515  Special risk membership.--
49     (2)  CRITERIA.--A member, to be designated as a special
50risk member, must meet the following criteria:
51     (b)  The member must be employed as a firefighter and be
52certified, or required to be certified, in compliance with s.
53633.35 and be employed solely within the fire department of a
54local government employer or an agency of state government with
55firefighting responsibilities. In addition, the member's duties
56and responsibilities must include on-the-scene fighting of
57fires, fire prevention, or firefighter training; direct
58supervision of firefighting units, fire prevention, or
59firefighter training; or aerial firefighting surveillance
60performed by fixed-wing aircraft pilots employed by the Division
61of Forestry of the Department of Agriculture and Consumer
62Services; or the member must be the supervisor or command
63officer of a member or members who have such responsibilities;
64or the member must be a code compliance officer employed by the
65Division of the State Fire Marshal of the Department of
66Financial Services or the Agency for Health Care Administration,
67provided, however, that administrative support personnel,
68including, but not limited to, those whose primary duties and
69responsibilities are in accounting, purchasing, legal, and
70personnel, shall not be included and further provided that all
71periods of creditable service in fire prevention or firefighter
72training, or as the supervisor or command officer of a member or
73members who have such responsibilities, and for which the
74employer paid the special risk contribution rate, shall be
75included;
76     Section 3.  Effective July 1, 2005, for the purposes of
77funding the 3-year average final compensation benefit change
78made by this act, the contribution rate set forth in s.
79121.71(3), Florida Statutes, for the Special Risk Class of the
80Florida Retirement System shall be increased by 2.14 percent.
81This increase shall be in addition to other changes to
82contribution rates which may be enacted into law to take effect
83on that date.
84     Section 4.  The Legislature finds that a proper and
85legitimate state purpose is served when employees and retirees
86of the state and its political subdivisions, and the dependents,
87survivors, and beneficiaries of such employees and retirees, are
88extended the basic protections afforded by governmental
89retirement systems that provide fair and adequate benefits that
90are managed, administered, and funded in an actuarially sound
91manner, as required by s. 14, Art. X of the State Constitution
92and part VII of chapter 112, Florida Statutes. Therefore, the
93Legislature determines and declares that this act fulfills an
94important state interest.
95     Section 5.  This act shall take effect July 1, 2005.


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